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 one of those entitlements that can quietly build up in the background - until an employee hits a key milestone, resigns, or you’re finalising a termination and suddenly you’re asking: how many weeks do you get for long service leave?
If you employ staff, getting LSL right isn’t just about payroll accuracy. It’s also about budgeting, workforce planning, and compliance. The tricky part is that LSL rules are not the same across Australia - each State and Territory has its own legislation and thresholds (and in some cases, long service leave can also be affected by industrial instruments like awards or enterprise agreements).
In this guide, we’ll walk you through how LSL commonly works around the 7-year, 10-year and 20-year marks, how it’s accrued, and what “pro-rata” tends to mean for employers in practice.
What Is Long Service Leave (And Why It’s Not One-Size-Fits-All)
Long service leave is a paid leave entitlement that rewards long-term service with the same employer. In most cases, it becomes relevant after a significant period of continuous employment - commonly 7 years (in some states, for pro-rata) and 10 years (for a full entitlement). In some jurisdictions, there can also be pro-rata pathways at other points (for example, 5 years in certain termination circumstances).
For employers, the important point is this: LSL is mainly regulated at the State and Territory level. That means:
- the minimum qualifying period (e.g. 7 years vs 10 years) can differ;
- the number of weeks an employee gets can differ;
- the rules for pro-rata payment on termination can differ;
- the rules around what counts as continuous service can differ.
That’s why the right answer to “how many weeks do you get for long service leave” is often: it depends on the State or Territory and the employee’s service history (including how the employment ends, if you’re dealing with a termination or resignation).
It’s also why it’s worth documenting employment terms clearly from day one with an Employment Contract - particularly if you have employees across different locations or you’re scaling quickly.
How Many Weeks Do You Get for Long Service Leave at 7, 10 and 20 Years?
To help you quickly orient yourself, here’s the most common framework employers think about:
- 7 years: often the point where pro-rata LSL may be payable if employment ends (depending on the State/Territory and the reason for ending);
- 10 years: often the point where an employee qualifies for a full LSL entitlement;
- 20 years: often the point where an employee has taken (or accrued) a second “block” of LSL, usually based on ongoing accrual after 10 years.
Because rules vary, below is a practical overview for some of the most commonly searched jurisdictions. (If your employee is covered by an enterprise agreement or a registered agreement with different LSL terms, you’ll also want to check that.)
Victoria: 7 Years Pro-Rata, 10 Years = 13 Weeks
In Victoria, the LSL system is well-known for the 7-year pro-rata threshold.
- How much long service after 7 years (Vic)? An employee may be entitled to pro-rata LSL after 7 years if the employment ends and eligibility requirements are met.
- How much long service after 10 years (Vic)? The standard entitlement is 13 weeks of paid long service leave after 10 years.
- What about after 10 years? LSL generally continues to accrue. A common rule of thumb employers use is that the employee accrues at a rate equivalent to 1.3 weeks per year (because 13 weeks over 10 years = 1.3 weeks per year).
If you employ staff in Victoria and need to work through the numbers carefully, this is a useful reference point: How to calculate long service leave in Victoria.
Queensland: Often 10 Years = About 8.67 Weeks (2 Months)
Queensland commonly uses a “months” approach in practice. Many employers think of it as:
- How many weeks LSL after 10 years (Qld)? Usually 8.6667 weeks (often referred to as 2 months).
- Do you get long service leave after 7 years (Qld)? In Queensland, pro-rata may be payable after 7 years in certain termination scenarios, but eligibility can depend on the reason the employment ends (for example, resignation vs termination, and whether there is serious misconduct).
Because the pro-rata rules can be detail-heavy, it’s worth checking your specific scenario and doing a careful calculation: Calculating pro-rata long service leave in Queensland.
New South Wales: 10 Years = 2 Months, With Additional Accrual
In NSW, a common way employers describe LSL is:
- How much long service after 10 years (NSW)? Typically 2 months (often treated as 8.6667 weeks).
- What about 20 years long service leave (NSW)? Many employers think about this as the employee having built a second period of LSL through ongoing accrual after the initial entitlement.
It’s also worth noting that NSW can allow pro-rata LSL in some circumstances earlier than 7 years (for example, after 5 years where an employee’s employment ends in particular circumstances). The exact outcome will depend on the facts and the NSW legislation.
If you’re looking at long service leave milestones over an employee’s longer career (including the question of 20 years long service leave), this can be a helpful starting point: Long service leave NSW after 20 years.
A Quick Note on Other States and Territories
Other jurisdictions (like South Australia, Western Australia, Tasmania, the ACT, the NT, and the Commonwealth system in limited contexts) can have different thresholds and “weeks” amounts - including different pro-rata rules and different ways of converting “months” to weeks.
If you operate across multiple States (or have remote staff), it’s worth getting advice early, so you don’t accidentally apply one State’s LSL rules to an employee who is actually covered by another.
How Is Long Service Leave Accrued (And What Does “Pro-Rata” Mean)?
A common employer question is: how is long service leave accrued?
In plain terms, LSL generally accrues progressively during employment under the relevant State or Territory legislation, even though an employee usually can’t take it until they reach the applicable qualifying period. That’s why it can show up as a growing liability in your books.
Accrual In Practice: “How Many Long Service Leave Per Year?”
How much LSL you accrue each year depends on the jurisdiction’s entitlement. But employers often use a “per year” mental model to forecast costs and plan leave coverage.
For example:
- If the entitlement is 13 weeks after 10 years, that’s effectively 1.3 weeks per year of service.
- If the entitlement is 8.6667 weeks after 10 years, that’s roughly 0.86667 weeks per year (about 4.33 days per year, assuming a 5-day week).
This approach can help you answer related questions like how much LSL do you accrue each year and forecast your leave liability - but you still need to apply your State/Territory rules when you calculate actual entitlements and payments.
Pro-Rata: The Core Idea
“Pro-rata” generally means a proportional entitlement for a portion of the full qualifying period.
So if an employee hasn’t reached the “full entitlement” point (often 10 years), but they have reached a minimum threshold (commonly 7 years in some States, and sometimes another threshold such as 5 years in limited circumstances), they may be entitled to a partial payment of LSL if their employment ends in qualifying circumstances.
This is why you’ll see so many searches like:
- how much long service after 7 years
- pro rata 7 years
- long service leave pro rata 7 years
From an employer perspective, pro-rata is most relevant when you’re managing:
- a resignation around the 7-10 year mark;
- a termination (performance, misconduct, restructure, medical grounds);
- a business sale where staff transfer and service continuity needs to be addressed.
What Counts as “Continuous Service”?
“Continuous service” is the concept that links the employee’s length of service to their LSL entitlement. While rules vary, employers should be aware that continuity can be affected by factors like:
- approved unpaid leave (in some cases);
- paid leave (annual leave, personal/carer’s leave);
- some types of absences or stand-downs;
- business transfers and whether service is recognised.
Because LSL can turn on technical definitions, it’s a good idea to speak with an employment lawyer if you have a complex service history, multiple entities, or a planned restructure.
When Do You Have to Pay Long Service Leave (And Can Employees Take It “In Weeks”)?
LSL is generally taken as paid time off once the employee reaches eligibility. As an employer, you’ll also need to consider practical questions like:
- Can the employee take LSL all at once, or in smaller blocks?
- Do they need to give notice before taking LSL?
- Can you refuse a requested period due to business needs?
The rules around taking LSL (not just paying it) can vary by jurisdiction. In many cases, LSL is taken by agreement, and employers can manage operational impact by:
- having a clear internal leave request process;
- tracking eligibility and accrual accurately;
- planning ahead for coverage (especially for key staff members approaching 10 years’ service).
From a small business perspective, one of the best ways to reduce disputes is to set expectations early - including how leave is requested, approved, and scheduled - and align those expectations with the minimum legal standards.
Long Service Leave on Resignation or Termination: What Needs to Be in Final Pay?
LSL is often “felt” most acutely at the end of employment. If someone resigns or you terminate their employment, you may need to pay out accrued entitlements - potentially including a pro-rata LSL amount (depending on the State/Territory and the circumstances).
Because final pay is a common source of disputes, it’s worth treating this as a compliance priority, not an admin task you squeeze in at the end of a busy week.
Typical Final Pay Components
Depending on the circumstances, final pay can include:
- ordinary wages up to the last day of employment;
- unused annual leave (and sometimes annual leave loading);
- LSL (full or pro-rata if payable);
- any notice period amounts (if applicable);
- other contractual payments (commissions, bonuses, allowances) depending on the contract and applicable instruments.
If you want a structured way to think about the “full picture”, calculating final pay is a helpful framework for employers.
Be Careful With “Pro-Rata” on Termination
Employers sometimes assume that “7 years = pro-rata is always payable.” That’s not always correct.
In some jurisdictions, pro-rata LSL may depend on the reason employment ends (for example, resignation vs termination, redundancy, incapacity, or serious misconduct). That means two employees with the same length of service might have different LSL outcomes depending on how and why employment ended.
If you’re terminating employment and you’re unsure whether pro-rata LSL is triggered, it’s worth getting advice before you process payroll. Fixing an underpayment after the fact can be time-consuming and expensive.
Practical Employer Checklist: How to Stay On Top of LSL in a Small Business
LSL can be manageable if you treat it as an ongoing system rather than a “surprise entitlement” that appears at year 10.
1) Confirm Which LSL Regime Applies
- Identify where the employee is employed and which State/Territory legislation applies.
- If you have remote or mobile staff, confirm the correct jurisdiction (don’t guess).
- Check whether an enterprise agreement or other instrument modifies how leave is taken or managed (while still meeting minimum standards).
2) Track Service, Not Just Leave Balances
Because eligibility and pro-rata rules depend on length of service and continuity, ensure your records capture:
- start dates and any changes in entity/employer (especially after restructures);
- approved unpaid leave periods (and how they affect service);
- any long breaks that might affect continuity.
3) Budget for LSL as a Growing Liability
Even if an employee can’t take LSL yet, you can still plan for the cost by forecasting accrual each year. This helps you avoid a cashflow crunch when:
- a long-serving employee takes LSL at the same time as a busy trading period, or
- multiple employees reach 10 years in the same year, or
- you’re paying out entitlements during redundancies or business changes.
4) Put Clear Employment Terms in Writing
LSL itself is mostly statutory, but clear written terms still matter because they reduce disputes about things like classification, ordinary hours, and other payroll components that can affect leave calculations.
Having a properly drafted Employment Contract helps you set consistent expectations and reduces the risk of misunderstandings, particularly as your team grows.
5) Get Advice When Service Histories Are Complicated
Situations that often justify getting advice include:
- business sales or transfers where employees move across entities;
- employees who have taken extended unpaid leave;
- termination scenarios where pro-rata eligibility is unclear;
- employees working across multiple sites in different States.
Those are the moments where a quick check-in with an employment lawyer can prevent costly mistakes.
Key Takeaways
- There isn’t one national answer to “how many weeks do you get for long service leave” - LSL is mainly regulated by State and Territory laws, so entitlements and thresholds differ.
- In many parts of Australia, employers plan around key milestones like 7 years (often pro-rata on termination in some States) and 10 years (a full entitlement), with ongoing accrual after that (which becomes relevant again at 20 years).
- How is long service leave accrued? It generally accrues progressively during employment under the applicable State/Territory rules (even if it can’t be taken yet), so it’s important to track it and budget for it as a liability.
- Pro-rata doesn’t always apply automatically - eligibility can depend on the State/Territory and the reason employment ends (and in some places, pro-rata may apply at different service thresholds in specific circumstances), so take care when processing final pay.
- Clear systems (service tracking, leave processes, and well-drafted contracts) help small businesses avoid disputes and payroll compliance issues.
If you’d like help managing long service leave compliance or reviewing your employment arrangements, you can reach Sprintlaw at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








