About long service leave
All workers in Australia are entitled to long service leave. Each state and territory has its own long service leave legislation.
In NSW, the Long Service Leave Act 1955 (NSW) details the entitlements for many workers across the state. The regulator for long service leave for workers covered by the Act is NSW Industrial Relations.
Entitlements
Long service leave is a period of paid leave an employer must provide a worker after 10 years’ continuous service.
Long service long leave is set at 2 months (8.67 weeks) paid leave on completion of 10 years continuous service and one month of paid leave for each additional 5 years' service.
Under the legislation:
- a worker includes:
- full-time, part-time or casual workers
- pieceworkers, commission workers and outworkers
- payment is calculated based on the employee's ordinary pay.
Pro-rata payment
In some situations, an employee may be entitled to be paid pro-rata long service leave when their employment ends. For example, if employee has completed 5 years (but less than 10 years) of service they may be entitled to a pro-rata payment if they:
- resign as a result of illness, or
- are dismissed for any reason except serious and wilful misconduct, or
- die.
Eligibility
The laws around long service leave are complex and special arrangements are in place for certain industries and workers.
For workers
NSW Industrial online information answers common questions about taking leave and getting paid.
Go to NSW Industrial Relations FAQs on long service leave
For employers
Stay up-to-date on guidance to make sure you're complying with the long service leave rules and calculating payments correctly.
- Use the online long service leave calculator to check your employees' entitlements.
- Download the NSW Industrial Relations Long Service Leave Guide.
Contact
If you need help understanding how long leave service may apply to you or your business contact NSW Industrial Relations.