When do I qualify for long service leave?
22 quoted answers, each with its source
The short answer
Most employees' entitlement to long service leave comes from state or territory laws, not from the Fair Work Act itself; the Fair Work Act only confers long service leave under applicable award-derived long service leave terms. State and territory laws do not apply where a federal pre-modern award that would have covered the employer and employees before 1 January 2010 contains long service leave entitlements, and most modern awards do not contain an entitlement to long service leave. In Victoria, the Victorian Government states that most workers qualify after at least 7 years continuous service with one employer and accrue one week for every 60 weeks, with casual, seasonal and specified-term employees covered, and that a contract cannot lawfully avoid full payment or provide a lesser entitlement; Employsure states there is no pro-rata leave in Victoria, so the positions conflict. Long-serving casuals are eligible in some state and territory schemes, all states and territories have portable long service leave legislation for some industries, there is a national portable scheme for coal mining, and New South Wales is stated to provide 2 months after 10 years of continuous service.
Every part of this comes from the quotes below. How we write these.
What the rules actually say16
Quoted straight from the Fair Work Ombudsman, the Fair Work Act 2009 or the applicable modern award.
The Fair Work Ombudsman states that in some states and territories long serving casuals are eligible for long service leave.
1 quote from 1 source
In some states and territories, long serving casuals are eligible for long service leave.
- National Employment Standards - Fair Work Ombudsman fairwork.gov.au
Fair Work Act 2009 section 113(1) confers a long service leave entitlement only in accordance with applicable award-derived long service leave terms.
2 quotes from 1 source
If there are applicable award‑derived long service leave terms (see subsection (3)) in relation to an employee, the employee is entitled to long service leave in accordance with those terms.
113 Entitlement to long service leave Entitlement in accordance with applicable award‑derived long service leave terms (1) If there are applicable award‑derived long service leave terms (see subsection (3)) in relation to an employee, the employee is entitled to long service leave in accordance with those terms.
- Fair Work Act 2009 legislation.gov.au
Fair Work Act 2009 section 113(1) does not set a service-based long service leave standard of its own.
1 quote from 1 source
If there are applicable award‑derived long service leave terms (see subsection (3)) in relation to an employee, the employee is entitled to long service leave in accordance with those terms.
- Fair Work Act 2009 legislation.gov.au
The note to Fair Work Act 2009 section 113(1) states that the Act does not exclude State and Territory laws that deal with long service leave, except in relation to employees entitled to long service leave under that Division and except as provided in section 113A(3).
3 quotes from 1 source
This Act does not exclude State and Territory laws that deal with long service leave, except in relation to employees who are entitled to long service leave under this Division (see paragraph 27(2)(g)), and except as provided in subsection 113A(3).
113 Entitlement to long service leave Entitlement in accordance with applicable award‑derived long service leave terms (1) If there are applicable award‑derived long service leave terms (see subsection (3)) in relation to an employee, the employee is entitled to long service leave in accordance
Note: This Act does not exclude State and Territory laws that deal with long service leave, except in relation to employees who are entitled to long service leave under this Division (see paragraph 27(2)(g)), and except as provided in subsection 113A(3).
- Fair Work Act 2009 legislation.gov.au
The Fair Work Ombudsman states that most employees' entitlement to long service leave comes from long service leave laws in each state or territory.
1 quote from 1 source
Most employees’ entitlement to long service leave comes from long service leave laws in each state or territory.
The Fair Work Ombudsman states that state and territory long service leave laws do not apply when there are long service leave entitlements in a federal pre-modern award that would have covered an employer and their employees before 1 January 2010.
2 quotes from 1 source
The state and territory long service leave laws don’t apply when there are long service leave entitlements in a federal pre-modern award
that would have covered an employer and their employees before 1 January 2010.
The Fair Work Ombudsman's long service leave page cites Fair Work Act 2009 section 113 as its source reference.
The Fair Work Ombudsman states that all Australian states and territories have legislation providing employees in some industries with access to portable long service leave.
1 quote from 1 source
All Australian states and territories have legislation to provide employees in some industries with access to portable long service leave.
The Fair Work Ombudsman states that there is a national portable long service leave scheme for employees in the coal mining industry.
1 quote from 1 source
There is also a national portable long service leave scheme for employees in the coal mining industry.
The Victorian Government states that most Victorian workers qualify for long service leave if they have worked continuously with one employer for at least 7 years.
1 quote from 1 source
Most Victorian workers qualify for long service leave if they have worked continuously with one employer for at least 7 years.
The Victorian Government states that long service leave accrues at a rate of one week for every 60 weeks of continuous service.
1 quote from 1 source
Long service leave accrues at a rate of one week for every 60 weeks of continuous service
The Victorian Government states that casual and seasonal employees, and employees engaged for a specified term, are entitled to long service leave under the Long Service Leave Act 2018.
2 quotes from 1 source
Yes, casual and seasonal employees, and employees engaged for a specified term, are entitled to long service leave under the Act.
Who is covered by the Long Service Leave Act 2018?
The Victorian Government states that an employer cannot lawfully use a contract, agreement or deed of any kind to avoid their obligation to pay the full amount of long service leave owed to an employee.
1 quote from 1 source
an employer cannot lawfully use a contract, agreement or deed of any kind to avoid their obligation to pay the full amount of long service leave owed to an employee.
The Victorian Government states that long service leave terms in a contract providing for a lesser entitlement than under the Act, and which purport to annul or vary or exclude any provision of the Act, are invalid.
1 quote from 1 source
long service leave terms in a contract that provide for a lesser entitlement (i.e. less favourable) than under the Act, and which purport to annul or vary or exclude any provision of the Act, are invalid.
The Victorian Government states that…
- an employee's years of service still count towards accrual of long service leave if the employee remains with a business after it has been sold or ownership has transferred.
- the new owner becomes responsible for any existing long service leave entitlement if the employee remains with a business after it has been sold or ownership has transferred.
1 quote from 1 source
If an employee remains with a business after it has been sold or ownership has transferred, their years of service still count towards accrual of long service leave and the new owner becomes responsible for any existing entitlement.
Changed on1
A dated change. This is where advice quietly stops being true.
The Victorian Government states that Workforce Inspectorate Victoria was known as Wage Inspectorate Victoria until 12 December 2025.
1 quote from 1 source
Workforce Inspectorate Victoria was known as Wage Inspectorate Victoria until 12 December 2025
Disputed between sources1
Sources that do not agree, presented without picking a winner.
Employsure states that there is no pro-rata long service leave in Victoria.
3 quotes from 2 sources
There is no pro-rata leave in Victoria.
After at least 7 years’ continuous employment with one employer, an employee is entitled to:
be paid any unused long service leave entitlement if employment ends.
Often said, but we could not find it in the rules4
Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.
Employsure asserts that under most State and Territory long service leave schemes, long-term casual employees are eligible for long service leave.
1 quote from 1 source
Under most State and Territory long service leave schemes, long-term casual employees are eligible for long service leave.
Employsure asserts that employees in Queensland who are not covered by other long service leave arrangements are mostly covered by the Industrial Relations Act 1999.
1 quote from 1 source
Employees in Queensland who are not covered by a pre-modern award long service leave terms, portable long service leave, or long service leave schemes in a contract, enterprise agreement, policy, or specific legislation are mostly covered by the Industrial Relations Act 1999 (the Act).
Employsure asserts that most modern awards do not contain an entitlement to long service leave.
1 quote from 1 source
the entitlement to long service leave is mostly derived from State or Territory legislation, as most Modern Award s do not contain an entitlement to long service leave
Employsure asserts that in New South Wales an employee gets 2 months long service leave after 10 years of continuous service.
1 quote from 1 source
in New South Wales an employee gets 2 months long service leave (8.6667 weeks) after 10 years of continuous service