Long service leave · New South Wales

Long service leave in NSW

Work out how much long service leave you've built up in New South Wales under the Long Service Leave Act 1955, when you can take it, and whether it's paid out if you leave.

Leave you've built up

0 weeks

Continuous service0 yrs

In hours0 h

Worth at current pay$0

Can you take it now?	–
Paid out if you leave now?	–
Paid out if you leave now, in dollars	–

How this is worked out

Rules in every state and territory

Where	Full entitlement	Can take from	Paid out on leaving

Casual and part-time employees can be entitled too, if their employment was continuous. Some industries have portable schemes or award rules instead, such as building and construction, and public sector employees are usually covered by their own agreements.
Leave is paid at your ordinary pay, without overtime. If your hours or pay have varied, an average over several years may apply, so check with your employer or the state regulator.
Whether a reason for leaving qualifies (such as a "pressing necessity") depends on the facts. If you're unsure, ask your state's long service leave regulator.

Long service leave rules in New South Wales

Long service leave in New South Wales is set by the Long Service Leave Act 1955. Most employees covered by it, including part-time and many casual employees with continuous service, build it up.

8.67 weeks (2 months) after 10 years, then 4.33 weeks for every further 5 years, or 0.867 weeks per year.
Between 5 and 10 years, it is paid out pro rata if your employer ends your employment (other than for serious and wilful misconduct), you are made redundant, or you leave because of illness, incapacity or a domestic or other pressing necessity. After 10 years it is paid out whatever the reason.

How much leave at each length of service

Full-time employee on $1,650 a week ordinary pay. "Paid out" assumes you leave at that point; redundancy is treated as your employer ending your employment for a reason other than misconduct.

Continuous service	Leave accrued	Worth at $1,650/week	Can take it?	Paid out if you resign?	Paid out if made redundant?
3 years	2.60 weeks	$4,290	No	No	No
5 years	4.33 weeks	$7,150	No	No	Yes
7 years	6.07 weeks	$10,010	No	No	Yes
10 years	8.67 weeks	$14,300	Yes	Yes	Yes
12 years	10.40 weeks	$17,160	Yes	Yes	Yes
15 years	13.00 weeks	$21,450	Yes	Yes	Yes
20 years	17.33 weeks	$28,600	Yes	Yes	Yes

Long service leave elsewhere: Victoria · QLD · WA · SA · Tasmania · ACT · NT. Some industries, such as construction, cleaning and community services, have portable long service schemes with different rules.

Common questions

How much long service leave do I get in NSW?

8.67 weeks after 10 years. It builds up at about 0.87 weeks for each year of continuous service with the same employer.

When can I take long service leave in NSW?

Once you've completed 10 years of continuous service, when you'll have about 8.67 weeks. Your employer has to agree on when you take it, or give you notice of when it's to be taken.

Is long service leave paid out if I resign in NSW?

Only once you've completed 10 years. Between 5 and 10 years, pro rata leave is paid out only for qualifying reasons, such as your employer ending your employment (including redundancy) or leaving because of illness, incapacity or a pressing necessity.

How is long service leave paid in NSW?

At your ordinary pay rate for your ordinary hours when you take the leave, usually without overtime or penalty rates. If your hours have changed, some states average them over a period.

Does long service leave count for part-time and casual employees?

Generally yes, if your employment has been continuous. Part-time employees get the same number of weeks, paid at their ordinary part-time hours. Check the details for your situation with your state's long service leave regulator.

Source: Long Service Leave Act 1955 (New South Wales). General information, not legal advice.