Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Long service leave (LSL) is a uniquely Australian entitlement that rewards loyalty and years of service. For employers, getting the calculations right matters – it helps you stay compliant, avoid disputes, and fairly recognise your team’s contribution.
At the same time, the rules vary by state and territory, and there are important differences in how LSL is accrued, how it’s paid, and what happens when employment ends. This guide breaks it down in plain English so you can confidently calculate and process long service leave pay in Australia.
We’ll cover how LSL accrues, how to work out the pay rate, what to do at resignation or termination, and practical tips to manage your liability. You’ll also find links to deeper state-based guidance and tools you can use straight away.
What Is Long Service Leave?
Long service leave is paid leave an employee becomes entitled to after a long period of continuous service with the same employer. The qualifying period and the amount of leave are set by state and territory legislation, and in some cases a modern award or enterprise agreement will provide more generous terms.
While the concept is consistent across Australia, the detail is not. Most jurisdictions sit in the 7–10 year range for the first entitlement, with pro‑rata rights kicking in earlier if employment ends for certain reasons. Industry “portable” schemes also exist (for example, in construction and contract cleaning), allowing workers to carry LSL between participating employers.
Three core variables drive every calculation:
- Length of continuous service (and what counts, or doesn’t, as “continuous”).
- The legal entitlement in your jurisdiction (and any applicable award or agreement).
- The employee’s ordinary pay rate at the relevant time.
How Is Long Service Leave Calculated?
At a high level, the calculation has two parts: the entitlement (how many weeks) and the rate (how much to pay per week). The final figure is weeks of LSL multiplied by the employee’s ordinary weekly pay.
1) Work Out The Entitlement (Weeks)
Each state and territory prescribes a qualifying period and a formula. Examples include:
- New South Wales: 2 months (8.6667 weeks) after 10 years, then 1 month for each further 5 years. Pro‑rata eligibility can apply after 5 years if employment ends for specified reasons (see “Resignation or termination?” below).
- Queensland: 8.6667 weeks after 10 years, with pro‑rata after 7 years if employment ends (special conditions apply). For worked examples and nuances, see long service leave in Queensland.
- Victoria: 1/60th of total service (about 6.066 weeks after 7 years), with additional accrual as service continues. For detailed steps, see how to calculate LSL in Victoria.
- Western Australia: 8.6667 weeks after 10 years, with pro‑rata after 7 years if employment ends in eligible circumstances. Employers can refer to long service leave in WA.
In all jurisdictions, confirm whether an award or enterprise agreement applies and whether it alters or enhances the statutory baseline.
2) Confirm “Continuous Service”
Most ordinary paid absences (such as annual leave, personal leave, or paid parental leave) do not break continuous service. Certain unpaid absences may pause the clock or be excluded from the calculation, and lengthy unpaid breaks can interrupt continuity depending on the law in your state. Always check the applicable legislation if there have been gaps, extended unpaid leave, or significant changes to employment status.
3) Calculate The Ordinary Weekly Rate
LSL is paid at the “ordinary” rate, not including overtime. Depending on the legislation and any applicable industrial instrument, some regular allowances or loadings may be included, and variable hours often require an averaging method. Many jurisdictions require using the most favourable of multiple averaging periods (for example, last 12 months, last 5 years, or the whole period of service).
4) Apply The Formula
Once you have the weeks of entitlement and the ordinary weekly rate, multiply the two.
Weeks of LSL entitlement x Ordinary weekly pay = LSL payment
For day-to-day accuracy, many employers maintain a running balance in payroll and double‑check with a calculator. If you prefer a step-by-step tool, you can refer to Sprintlaw’s long service leave calculator overview for practical methods used across Australia.
Worked Example (General)
Let’s say an employee has reached 10 years of continuous service and the state entitlement is 8.6667 weeks at that milestone. Their base is 38 hours per week at $32.00 per hour. Ordinary weekly pay is $1,216.00.
LSL weeks: 8.6667 Ordinary weekly pay: $1,216.00 Total LSL when taken: 8.6667 x $1,216.00 = $10,540.27
If the employee’s hours have changed over time, apply the required averaging method for your jurisdiction to determine the ordinary weekly pay figure.
Do You Pay Long Service Leave On Resignation Or Termination?
Yes – but the conditions for a pro‑rata payout differ across Australia and are a common source of confusion. Two big questions arise: when does a pro‑rata entitlement arise, and at what rate is it paid?
Pro‑Rata Entitlement Before The First Milestone
- New South Wales: Between 5 and 10 years, a pro‑rata payout generally applies if the employment ends for specified reasons (for example, illness, incapacity, domestic or “pressing necessity”), or if the employer terminates for reasons other than serious misconduct. Ordinary resignation without a qualifying reason typically does not attract a payout before 10 years.
- Queensland, Western Australia and others: Pro‑rata rights commonly arise once a set minimum (often 7 years) is reached, if employment ends for qualifying reasons. The exact triggers differ by state.
- Victoria: Pro‑rata accrues with service and is payable on termination, subject to the Act’s rules. There are additional nuances when service is broken or hours vary materially.
Always check your local legislation for the exact conditions that create a pro‑rata entitlement before the first full milestone. If a modern award or enterprise agreement applies, confirm whether it enhances the minimum.
After The First Full Milestone
Once an employee hits the first full entitlement (for example, 7 years in Victoria or 10 years in NSW), any unused LSL is ordinarily payable if employment ends, regardless of the reason (except in cases of serious misconduct in some jurisdictions).
Rate Used For Payouts
When employment ends, long service leave is typically paid at the employee’s ordinary time rate at the date of termination (subject to any more generous award, enterprise agreement or contractual term). If the law requires averaging to determine ordinary pay where hours or pay vary, apply those rules at the termination date.
Finalising all amounts correctly can be involved where there are multiple entitlements. If you’re preparing a final payslip with LSL, notice and other items, it’s worth cross‑checking your steps against calculating final pay principles to ensure nothing is missed.
Can Employees “Cash Out” Long Service Leave During Employment?
Generally, long service leave is meant to be taken as leave. Most state and territory laws do not allow cashing out LSL during employment unless specific statutory conditions are met. In limited cases, legislation may permit cash‑out by agreement (often with formal approvals). As a rule of thumb, don’t offer to cash out LSL unless you’ve confirmed it’s permitted under the applicable Act and, if relevant, your award or enterprise agreement.
Portable Long Service Leave Schemes
In industries with portable schemes (for example, building and construction or contract cleaning in certain jurisdictions), employers fund the entitlement through a levy and records are administered by a statutory body. Employees then carry their LSL accrual across employers within the scheme. If you operate in a covered industry, confirm your registration and levy obligations.
Paying Long Service Leave: Payroll And Tax
Processing LSL correctly comes down to timing, earnings type, and records.
When Leave Is Taken
- Calculate current entitlement (weeks) and the employee’s ordinary weekly pay.
- Pay LSL as ordinary time earnings when taken (unless your jurisdiction specifies a different treatment).
- If the employee takes LSL in parts or on a partial-hours basis (for example, one day per week), pro‑rate the payment accordingly and keep clear records.
When Employment Ends
- Confirm whether a pro‑rata entitlement applies and calculate the balance of unused LSL.
- Use the ordinary rate at termination (or the relevant averaging method) to price each week.
- Include the LSL amount in the final pay and apply PAYG withholding in line with ATO rules for employment termination payments and leave payouts.
Tax Note
Tax treatment can differ depending on when the leave was accrued and when it’s paid (for example, taken during employment versus paid out on termination). Because payroll tax, superannuation and income tax settings interact, it’s important to check current ATO guidance and obtain independent tax advice from your accountant for your specific scenario.
Superannuation On LSL
Superannuation on long service leave depends on the Superannuation Guarantee law and your industrial instrument. As a general rule, super is payable on ordinary time earnings, which often includes LSL taken during employment. LSL paid out on termination may be treated differently. Confirm the position for your business and instrument.
Calculating For Full‑Time, Part‑Time And Casual Employees
Most jurisdictions recognise LSL for full‑time, part‑time and, in many cases, regular and systematic casual employees, provided there is continuous service under the Act.
Full‑Time Employees
Use the standard entitlement calculations and the current ordinary weekly pay (or the required average if hours or pay have varied materially over time).
Part‑Time Employees
Part‑time employees accrue LSL based on service, and payment is made at their ordinary weekly pay. Where hours vary, use the relevant averaging method in your jurisdiction to determine the ordinary weekly pay at the time the leave is taken or paid out.
Casual Employees
Most states and territories recognise LSL for casuals where the employment is regular and systematic and not broken by disqualifying absences. Calculations typically require averaging hours over a prescribed period (for example, last 12 months, last 5 years, or the whole period), and you usually select the method that produces the most beneficial outcome for the employee.
Shifts In Hours Or Role
If an employee’s ordinary hours have changed significantly over time, be careful to apply the correct averaging period. Jurisdictions differ (and some offer multiple options), so this is an area where employers often seek guidance from an employment lawyer to confirm method and recordkeeping.
Transfers And Group Employment
If workers move between related entities or a business is sold, service recognition can be complicated. It’s a good practice to document service transfers on sale or internal restructure and to check whether state law deems prior service to count. You can also review how transferring long service leave is typically handled to avoid surprises at termination.
Common Mistakes And Practical Tips
Small oversights can add up quickly with long service leave, especially when employees have long tenure or variable hours. Here are practical ways to stay compliant and control risk.
Avoid These Pitfalls
- Assuming all resignations attract pro‑rata LSL: In NSW, for example, ordinary resignation between 5 and 10 years usually won’t qualify unless it meets a specified reason under the Act or the employer terminated for reasons other than serious misconduct.
- Cashing out LSL informally: In many jurisdictions, cashing out LSL during employment isn’t permitted. Always check the legislation before agreeing to a cash‑out.
- Using the wrong pay rate: “Ordinary time” may include certain allowances or require averaging where hours changed. Don’t default to current base pay without checking the method your state requires.
- Not documenting breaks in service: Extended unpaid leave, seasonal shutdowns, or casual gaps can affect continuity or averaging periods if not captured accurately.
- Leaving it all to the last pay: Reconciliations at termination are smoother if you maintain accurate accruals month to month and audit balances annually.
Best‑Practice Tips
- Keep clear time and payroll records so average weekly pay calculations are straightforward if required.
- Encourage employees to plan LSL in advance to manage operational impacts and your balance sheet.
- Set expectations in your HR policies about applying for LSL, partial‑day arrangements, and notice requirements (subject to the legislation).
- When an employee is exiting, line up your LSL payout alongside items such as payment in lieu of notice if applicable. You can cross‑check the approach with your internal guidance on payment in lieu of notice to ensure all components are addressed.
- Build a checklist for final pay and use it consistently to capture LSL, outstanding wages, accrued annual leave and any contractual entitlements.
When To Get Help
It’s sensible to seek advice where you have complex patterns of work, portable scheme obligations, service transfers between related entities, or a disputed resignation basis (for example, whether a “pressing necessity” applies). For state‑specific calculations with examples, you can also refer to our Victorian and Queensland resources mentioned above, plus the broader calculator overview for methods used around Australia.
Key Takeaways
- Long service leave is a paid entitlement that accrues with continuous service, but the exact rules differ by state or territory and may be enhanced by an award or enterprise agreement.
- To calculate LSL pay, determine weeks of entitlement and multiply by the employee’s ordinary weekly pay, using any required averaging method where hours or pay have varied.
- Pro‑rata payouts on resignation or termination depend on jurisdiction: some allow pro‑rata after 7 years; NSW requires a specified reason for resignation between 5 and 10 years or an employer‑initiated ending not due to serious misconduct.
- Cashing out LSL during employment is generally restricted; don’t agree to a cash‑out unless the legislation for your state allows it and all conditions are met.
- Process LSL carefully in payroll, keep strong records, and confirm tax and superannuation treatment with your accountant as it can differ for taken leave versus termination payouts.
- For state‑based examples and methods, see resources for Victoria, Queensland and WA, and use a practical long service leave calculator approach to cross‑check your figures.
If you’d like a consultation on managing long service leave pay in your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








