Long service leave
On 25 March 2020, the New South Wales Government amended the state’s Long Service Leave Act to allow for greater flexibility during the outbreak of coronavirus. For more information, visit the NSW State Government website.
An employee gets long service leave after a long period of working for the same employer.
Most employees' entitlement to long service leave comes from long service leave laws in each state or territory. These laws set out:
- how long an employee has to be working to get long service leave (eg. after 7 years)
- how much long service leave the employee gets.
In some states and territories long serving casuals are eligible for long service leave.
To find out about long service leave entitlements, contact the long service leave agency in your state or territory:
Long service leave in pre-modern awards
The state and territory long service leave laws don't apply when there are long service leave entitlements in a federal pre-modern award that would have covered an employer and their employees before 1 January 2010.
In this case the long service leave entitlement comes from the pre-modern award which will set out:
- how long an employee has to be working to get long service leave (eg. after 7 years)
- how much long service leave the employee gets.
Example: Long service leave in a pre-modern award
Real Meats Butchers has a number of shops throughout Melbourne, Victoria, and is covered by the Meat Award. Lesley has been working part-time for 12 years.
There was a clause covering long service leave under Lesley’s federal pre-modern award. This means that Lesley's long service leave entitlement comes from her federal pre-modern award, not the Victorian long service leave legislation.
To find long service leave entitlements in a federal pre-modern award:
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Portable long service leave
Some Australian states and territories have legislation to provide employees in the security, community services, building and construction, coal mining, and contract cleaning industries with access to portable long service leave.
This means an employee keeps their long service leave entitlement even if they work on different projects for one or more employers.
For portable long service leave in the:
Source reference: Fair Work Act 2009 s.113 
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Check out our Help resolving workplace issues section for practical advice on:
- figuring out if a mistake has been made
- talking to your employer or employee about fixing it
- getting help from us if you can't resolve it.
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