Understanding Your Right to Long Service Leave After Nearly 10 Years of Service

If you've worked for the same employer continuously for nearly a decade, you may be wondering whether you're entitled to long service leave. It’s a common question for many workers like Jenny, who contacted us after approaching her ten-year anniversary in the same position.

Here’s a clear breakdown of long-service leave entitlements across Australia:

What is Long Service Leave?

Long service leave is a period of paid leave granted to employees who have been with the same employer for a long period. The rules vary depending on which state or territory you are in, but generally, employees become entitled to long service leave after seven to ten years of continuous service.

Understanding Your Right to Long Service Leave After Nearly 10 Years of Service

Eligibility by State or Territory

While each jurisdiction has its own legislation, most states allow access to long service leave after 10 years, with pro-rata entitlements available after 7 years under certain circumstances (such as resignation due to illness or redundancy).

Here’s a general guide by location:

• Queensland: 8.6667 weeks after 10 years; pro-rata available after 7 years.

• New South Wales: 2 months (8.6667 weeks) after 10 years; pro-rata after 5 years if the employment ends under certain conditions.

• Victoria: 6.0667 weeks after 7 years; additional leave after each further 5 years.

• South Australia: 13 weeks after 10 years; pro-rata after 7 years.

• Western Australia: 8.667 weeks after 10 years; pro-rata after 7 years.

• Tasmania: 8.667 weeks after 10 years; pro-rata after 7 years.

• Northern Territory: 13 weeks after 10 years; pro-rata after 7 years.

• ACT: 6.0667 weeks after 7 years; additional leave after each further 5 years.

• National system employees under pre-modern awards or federal instruments: may have entitlements set by the Fair Work Act 2009 or preserved instruments.

Key Points to Remember:

• Continuous service generally means there haven’t been significant breaks in your employment, though approved leave (like annual or parental leave) is usually counted.

• You may wish to confirm whether your employment falls under a state scheme or the federal system, particularly if you're employed in sectors like construction, cleaning, or security, which may have portable long-service leave schemes.

What You Should Do

1. Check your state’s long service leave laws or consult the relevant industrial instrument.

2. Review your employment contract or enterprise agreement, if one applies.

3. Keep a record of your start date and any breaks in service.

4. Consider contacting your payroll or HR department to confirm your entitlements.

At 1800ADVOCATES, we support workers in understanding their rights at every stage of their employment journey. If you’re unsure about your long service leave eligibility or feel your entitlements are being denied, reach out to us for tailored support.

Let us help you get clarity. You’ve earned it.