Long service leave by state — qualifying period, accrual and portability compared
Long service leave is a state-by-state entitlement with no national rule. Compare qualifying periods, accrual rates, pro-rata triggers and portable LSL schemes across NSW, VIC, QLD, WA, SA, TAS, ACT and NT.
Long service leave (LSL) is one of the few employment entitlements still governed entirely by state and territory law. There is no Commonwealth LSL standard — the National Employment Standards preserve the entitlement under each state Act rather than replacing it. The applicable law is generally the law of the state where the employee performs the work, not where the employer is based.
The headline difference is the qualifying period. Most jurisdictions grant LSL after 10 years of continuous service. Victoria and the ACT have moved to seven years. South Australia keeps a 10-year qualifying period but grants more weeks of leave. Pro-rata payment on termination is also inconsistent: some states allow it after seven years, some after five, others not at all without dismissal.
A separate question is portability. The building and construction industry has portable LSL schemes in every state and territory. Other industries — contract cleaning, community services, security, coal mining — have portable schemes in only some jurisdictions. Workers in these covered industries accrue LSL across multiple employers via a central authority that levies employers and pays out claims.
For the plain-English explainer, see our companion guide: Long service leave in Australia: state-by-state.
Comparison matrix
Click any column header to sort.
Qualifying period for full LSL | 10 years continuous service NSW Gov | 7 years continuous service Business Victoria | 10 years continuous service Qld Gov | 10 years continuous service WA Commerce | 10 years continuous service SafeWork SA | 10 years continuous service WorkSafe Tas | 7 years continuous service Access Canberra | 10 years continuous service NT Gov |
|---|---|---|---|---|---|---|---|---|
Weeks of leave at qualifying period | 8.67 weeks (2 months) NSW Gov | 8.67 weeks Business Victoria | 8.67 weeks Qld Gov | 8.67 weeks WA Commerce | 13 weeks SafeWork SA | 8.67 weeks WorkSafe Tas | 6.0667 weeks Access Canberra | 13 weeks NT Gov |
Accrual after qualifying period | 4.33 weeks every additional 5 years Long Service Leave Act 1955 (NSW) | Continues to accrue at ~1/60 of service Long Service Leave Act 2018 (Vic) | Pro-rata accrual continues per the Act Industrial Relations Act 2016 (Qld) Ch 2 Pt 3 Div 9 | 4.33 weeks every additional 5 years Long Service Leave Act 1958 (WA) | 1.3 weeks per additional year of service Long Service Leave Act 1987 (SA) | Further accrual; 13 weeks total after 15 years for some employees Long Service Leave Act 1976 (Tas) | 1/5 of a month per additional year of service Long Service Leave Act 1976 (ACT) | Further accrual at 1.3 weeks per year after 10 Long Service Leave Act 1981 (NT) |
Pro-rata on termination (no dismissal for cause) | After 5 years (limited grounds — illness, domestic necessity, retirement) NSW Gov | After 7 years (any termination reason) Business Victoria | After 7 years (limited grounds) Qld Gov | After 7 years (limited grounds) WA Commerce | After 7 years (any termination reason) SafeWork SA | After 7 years (limited grounds) WorkSafe Tas | After 5 years (any termination reason) Access Canberra | After 7 years (limited grounds) NT Gov |
Portable scheme — building & construction | Yes — Long Service Corporation NSW Long Service Corp NSW | Yes — CoINVEST CoINVEST | Yes — QLeave QLeave | Yes — MyLeave MyLeave WA | Yes — Construction Industry LSL CILSL SA | Yes — TasBuild TasBuild | Yes — ACT Long Service Leave Authority ACT LSL Authority | Yes — NT Build NT Build |
Portable scheme — contract cleaning | Yes — Long Service Corporation NSW Long Service Corp NSW | Yes — Portable Long Service Authority PLSA Vic | Yes — QLeave QLeave | No portable scheme MyLeave WA | No portable scheme SafeWork SA | No portable scheme WorkSafe Tas | Yes — ACT Long Service Leave Authority ACT LSL Authority | No portable scheme NT Gov |
Portable scheme — community services | No portable scheme Long Service Corp NSW | Yes — Portable Long Service Authority PLSA Vic | Yes — QLeave (community services) QLeave | No portable scheme MyLeave WA | No portable scheme SafeWork SA | No portable scheme WorkSafe Tas | Yes — ACT Long Service Leave Authority ACT LSL Authority | No portable scheme NT Gov |
Governing Act | Long Service Leave Act 1955 (NSW) NSW Legislation | Long Service Leave Act 2018 (Vic) Vic Legislation | Industrial Relations Act 2016 (Qld), Ch 2 Pt 3 Div 9 Qld Legislation | Long Service Leave Act 1958 (WA) WA Legislation | Long Service Leave Act 1987 (SA) SA Legislation | Long Service Leave Act 1976 (Tas) Tas Legislation | Long Service Leave Act 1976 (ACT) ACT Legislation | Long Service Leave Act 1981 (NT) NT Legislation |
Every cell links to the cited source. Rules Mate links and summarises — it does not reproduce statutory text. Confirm with the cited regulator before relying on any cell.
Frequently asked
Which state's LSL law applies when an employee has worked in several?
Generally the law of the state where the employee has performed the most service. Some jurisdictions use the place where the employment is based or where the work is principally performed. The choice matters because qualifying periods, weeks of leave and pro-rata triggers differ — document the move dates and locations carefully.
Does the Fair Work Act override state LSL?
No. The National Employment Standards expressly preserve LSL entitlements under each state and territory Act. There is no Commonwealth LSL minimum — each state Act remains the governing instrument for employees in that jurisdiction.
What does a portable LSL scheme do?
It allows employees in a covered industry (typically building, construction, contract cleaning and in some states community services) to accrue LSL across multiple employers via a central authority. Employers pay a levy to the authority and the authority pays the worker's LSL when claimed — so the entitlement travels with the worker, not the employer relationship.
Can an employee take LSL before reaching the qualifying period?
Generally no, except by agreement. Most state Acts allow earlier taking by agreement between employer and employee. A handful of states also allow pro-rata payment on termination after a shorter period (often five or seven years) for specific reasons such as illness, redundancy or retirement.
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