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 can feel like one of those “set and forget” employment obligations - until someone hits a major service milestone, resigns, or you’re trying to finalise a termination and realise you’re not 100% sure what’s owing.
If you run a small business in Western Australia, it’s worth getting clear on a question that comes up constantly: how long is long service leave in WA - and when does it become payable?
In this guide, we’ll walk through how long service leave works in WA in practical terms, including how much leave is available, when it accrues, what “continuous employment” means, and what to consider when an employee leaves before 10 years.
Important note: this article is general information only and not legal advice. In WA, long service leave is primarily governed by WA legislation for most employees working in Western Australia. However, some workplaces may be covered by different long service leave arrangements (for example, certain Commonwealth/public sector employment, or industry-based portable long service leave schemes in limited sectors). If you’re ever unsure which rules apply to your team, it’s a good idea to get tailored advice for your specific workforce.
What Is Long Service Leave In Western Australia (And Why It Matters For Small Businesses)?
Long service leave is a paid leave entitlement that rewards long periods of service with the same employer.
For small businesses, it’s not just an HR concept - it’s a real financial and compliance issue. If you don’t track LSL properly, you can end up:
- underpaying an employee on termination (which can trigger disputes and backpay risks), or
- being hit with an unexpected cash flow shock when a long-term staff member takes leave or exits.
In WA, long service leave entitlements for most private sector employees are set by state legislation (often referred to as the WA long service leave rules). The key practical takeaway is that LSL is a minimum entitlement - and you need to ensure your business meets (or exceeds) it.
How Long Is Long Service Leave In WA?
Here’s the core answer most people are looking for when they search how long is long service leave WA:
After 10 Years Of Continuous Employment
In Western Australia, an employee who completes 10 years of continuous employment with the same employer is generally entitled to:
- 8.6667 weeks of paid long service leave (often expressed as 8⅔ weeks).
This is the classic WA long service leave milestone: 10 years = 8.6667 weeks.
After The First 10 Years (Ongoing Entitlements)
After the initial 10-year entitlement, employees generally accrue additional long service leave for further service. In WA, a common way to understand this is:
- 4.3333 weeks of long service leave for each further 5 years of continuous employment.
In other words, many employers think of WA LSL as:
- 10 years: 8.6667 weeks
- 15 years: 8.6667 + 4.3333 = 13 weeks
- 20 years: 17.3333 weeks, and so on
That said, the practical reality is you should calculate what’s owing based on your payroll records, the employee’s ordinary hours, and the way your payroll system tracks accrual (particularly if hours vary over time).
Is There Long Service Leave In WA After 5 Years?
This is a very common misunderstanding, and it often shows up as searches like “long service leave WA 5 years”.
In most cases, WA long service leave does not become payable at 5 years simply because the person has hit five years. The standard milestone for an entitlement to take LSL is 10 years.
However, there is an important WA concept that can apply if employment ends after a certain point (we’ll cover that in the termination section below): pro rata long service leave after 7 years can be payable in specific circumstances set by the legislation.
When Does Long Service Leave Become Payable In WA?
It’s one thing to know how much leave an employee will ultimately have - it’s another to understand when they can actually take it, and when you must pay it out.
Taking Long Service Leave While Still Employed
Generally, long service leave becomes “available” for an employee to take once they have completed the relevant service period (commonly 10 years). In practice, you’ll want to consider:
- how leave requests must be made (and documented),
- how much notice is required (if any), and
- how operationally feasible it is for your business to approve the timing.
Even when an employee is entitled to take LSL, there are often practical process steps around scheduling. Having clear policies and properly drafted employment terms helps you manage expectations early. Many businesses build this into their Employment Contract and leave policies.
Paying Long Service Leave On Termination Or Resignation
Long service leave becomes especially important when employment ends, because you may need to pay it out in the employee’s final pay.
As a general rule in WA:
- If the employee has completed 10 years of continuous employment, they will generally be entitled to have their LSL paid out if they leave (unless they’ve already taken it).
- If the employee leaves before 10 years, you need to consider whether a pro rata entitlement applies.
Pro rata long service leave in WA is a common “gotcha”. In many cases it can arise where employment ends after 7 years of continuous employment - but it isn’t automatic in every scenario. For example, eligibility can depend on how the employment ended, and there are exclusions (including where an employee is terminated for serious misconduct). Because the conditions are technical and fact-specific, it’s worth checking the circumstances carefully before assuming a payout is (or isn’t) required.
If you’re working through an exit, it’s worth reviewing the entire final pay calculation (including unused annual leave and any other owed amounts). In many small businesses, this is where errors happen - not because employers are trying to do the wrong thing, but because the rules are technical and payroll data can be messy. This is where a structured approach to calculating final pay can really reduce risk.
What Counts As “Continuous Employment” For WA Long Service Leave?
Long service leave in Western Australia is based on continuous employment. This concept matters because it determines whether the employee is building service towards the 10-year entitlement and beyond.
From a practical small business perspective, the most common issues come up when there are:
- changes in hours (full-time to part-time),
- unpaid leave or extended absences,
- business sales or restructures, or
- employees moving between related entities.
Do Part-Time And Casual Employees Get Long Service Leave In WA?
Often, yes. A common myth is that “casuals don’t get long service leave”, but in reality long service leave for casuals in WA can apply if they have the required continuous service with the same employer.
In practice, you should track service for:
- full-time employees
- part-time employees
- casual employees (where their employment is ongoing/continuous)
The amount payable will usually be based on the employee’s ordinary hours and rate of pay (and this can get more complicated where hours vary over time).
Does Unpaid Leave Break Continuous Service?
This depends on the circumstances and the type of leave. Some periods may count towards service, while others may not, and some absences may “pause” accrual without breaking continuity. Because this can affect whether an employee has reached 10 years (or 7 years for pro rata), it’s worth checking carefully if you have employees with long periods of leave without pay.
What If My Business Is Sold?
Business sales can create real confusion around “who owns” the long service leave liability.
Depending on how the sale is structured (asset sale vs share sale, and whether employees transfer), long service leave liabilities may:
- stay with the seller,
- transfer to the buyer, or
- be dealt with through adjustments at settlement.
This is one of those areas where it’s smart to get advice early, because the paperwork and employee communications matter just as much as the numbers.
How Much Long Service Leave Is Owing In WA (And How Do You Calculate It)?
“How much long service leave WA” is the next question employers ask once they understand the milestones.
While the statutory entitlement is usually expressed in weeks, the dollar value depends on:
- the employee’s ordinary rate of pay at the time leave is taken/paid out,
- their ordinary hours (including whether they are full-time, part-time, or casual), and
- their total continuous service (including whether any periods don’t count).
A Practical Example (Simple Illustration)
Let’s say a full-time employee (38 hours/week) has completed 10 years of continuous employment and hasn’t taken any long service leave.
- They are entitled to 8.6667 weeks of long service leave.
- If they resign, you generally calculate the payout using their ordinary weekly pay at that time.
If the employee’s hours have changed over time (for example, they moved from full-time to part-time), you may need a more nuanced calculation approach. This is also where employers can unintentionally miscalculate entitlements for staff who have moved between different roster patterns.
Don’t Forget Other Exit Entitlements
Long service leave often isn’t the only amount you need to pay when employment ends. Depending on the situation, final pay may also include things like:
- unused annual leave (and possibly leave loading),
- outstanding wages, overtime, or allowances,
- payments required under the notice period rules, including payment in lieu of notice, and
- redundancy pay, if applicable.
If you’re dealing with a redundancy scenario, it can help to sense-check the minimum redundancy amounts using a tool like this redundancy calculator (noting that long service leave is a separate entitlement and still needs to be handled correctly).
Managing WA Long Service Leave In Your Business (Policies, Records, And Risk)
Once you know the WA LSL rules, the next challenge is building them into your day-to-day operations in a way that’s sustainable.
1) Put The Right Documents In Place
Strong documentation doesn’t replace your statutory obligations, but it can help prevent misunderstandings about how leave requests are handled and what happens on exit.
Depending on your business, this may include:
- Employment agreements that clearly set expectations (many businesses start with a tailored Employment Contract)
- Workplace policies that explain leave request processes and record keeping
- Exit procedures to ensure final pay is processed consistently and on time
2) Keep Clear Time And Payroll Records
Long service leave is all about time and continuity. Good records are your best friend if there’s ever a dispute about whether service was continuous, whether an employee was casual or permanent at particular times, or how leave should be calculated.
In practical terms, you should be able to quickly retrieve:
- start dates, role changes, and status changes (e.g. casual to part-time)
- ordinary hours over time
- periods of unpaid leave or extended absences
- pay rate history
3) Plan For Cash Flow (Especially With Long-Serving Staff)
If you have employees approaching 10 years, it’s worth forecasting the likely cost of long service leave. This doesn’t just help you financially - it also helps you have better conversations with staff about timing and planning.
Many businesses also align this with other leave forecasting (like annual leave balances). Being proactive can reduce the risk of disputes and operational stress.
4) Get Advice When Things Get Complicated
Complexity tends to pop up when you have:
- casual employees with long service histories
- employees moving between entities in a group structure
- business sales or restructures
- termination scenarios involving misconduct, illness, or disputes
That’s where having an experienced employment lawyer can make the process far smoother (and often cheaper) than trying to fix issues after the fact.
Key Takeaways
- In most cases, the answer to how long is long service leave in WA is: 8.6667 weeks after 10 years of continuous employment, with further entitlements accruing after that.
- WA long service leave generally applies to full-time, part-time, and (in many cases) casual employees, provided they have the required continuous service.
- LSL often becomes a major issue when employment ends - make sure you calculate and pay it correctly as part of final pay, alongside other entitlements.
- “Continuous employment” is a critical concept in WA LSL, and it can be affected by unpaid leave, business sales, and changes in employment arrangements.
- Strong contracts, good record keeping, and forward planning for long-serving staff will help you manage long service leave obligations with less stress.
If you’d like help getting across long service leave in WA or managing employee exits compliantly, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








