Pay long service leave under the IR Act 2016 (Qld)
QLD employees accrue 8.6667 weeks LSL after 10 years' continuous service; pro-rata after 7 years.
Who must comply
Employers of Queensland employees not covered by a federal long service leave entitlement (state and local government employers sit in the state system). Eligible building and construction, contract cleaning and community services workers also have portable schemes run by QLeave, but an employer who keeps a worker for 10 years or more must still pay that worker's entitlement directly.
What triggers it
An employee completing 10 years' continuous service, or employment ending after 7 years for a qualifying reason. Service outside Queensland can count where the employment was partly in the State (Infosys Technologies Limited v Fox [2025] QCA 45).
When due
Leave is taken at a time agreed between employer and employee; failing agreement the employer may require at least 4 weeks of leave on at least 3 months' written notice. Payment for accrued leave is due when employment ends.
Evidence required
Complete time and wages records of continuous service; for each casual employee, a record of total ordinary hours worked from the start of service to 30 June each year, kept for 6 years after employment ends (recommended for part-time staff too); leave calculations (ordinary hours divided by 52, multiplied by 8.6667, divided by 10 for casual and part-time staff).
Max penalty
The Office of Industrial Relations can investigate potential breaches of the long service leave provisions, and employees can lodge a claim to recover unpaid long service leave. Penalty amounts are set in the Industrial Relations Act 2016 (Qld); check the Act for the current figures
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Where no long service leave entitlement exists under the federal system, the Industrial Relations Act 2016 (Qld) gives Queensland employees, including casual, regular part-time and seasonal staff, 8.6667 weeks of paid leave after 10 years' continuous service and a further 4.3333 weeks after another 5 years; beyond 15 years leave can be accessed as it accrues. Between 7 and 10 years, a pro-rata payout is due on termination only for listed reasons, such as death, illness, a domestic or other pressing necessity, or dismissal for a reason other than conduct, capacity or performance. After 10 years the payout on termination is automatic. Leave is paid at the ordinary rate, and can be cashed in only where an industrial instrument allows it or the Queensland Industrial Relations Commission orders it on compassionate or financial-hardship grounds. The Office of Industrial Relations investigates breaches.
Enforced by
Source legislation
Topics
Related
- NSWPay long service leave under the LSL Act 1955 (NSW)NSW employees accrue 2 months LSL after 10 years' continuous service, payable on resignation after 5 years.
- VICPay long service leave under the LSL Act 2018 (Vic)VIC employees accrue LSL after 7 years continuous service — paid on entitlement or termination.
- QLDPCBU primary duty of care (QLD WHS Act s 19)QLD PCBUs must ensure health and safety so far as reasonably practicable; industrial manslaughter live since 2017.
- QLDQLD coal mining safety obligations (Coal Mining Safety and Health Act 1999)QLD coal mine operators must ensure acceptable level of risk under the Act.
- QLDHold current QBCC licence for QLD building workQLD building work > $3,300 requires QBCC licensing + minimum financial requirements.
- QLDComply with Residential Tenancies and Rooming Accommodation Act 2008 (QLD)QLD RTRA — RTA bond, minimum standards, dispute resolution via QCAT.
Frequently asked questions
- Who must comply with long service leave under the IR Act 2016 (Qld)?
- Employers of Queensland employees not covered by a federal long service leave entitlement (state and local government employers sit in the state system). Eligible building and construction, contract cleaning and community services workers also have portable schemes run by QLeave, but an employer who keeps a worker for 10 years or more must still pay that worker's entitlement directly.
- What triggers long service leave under the IR Act 2016 (Qld)?
- An employee completing 10 years' continuous service, or employment ending after 7 years for a qualifying reason. Service outside Queensland can count where the employment was partly in the State (Infosys Technologies Limited v Fox [2025] QCA 45).
- When is long service leave under the IR Act 2016 (Qld) due?
- Leave is taken at a time agreed between employer and employee; failing agreement the employer may require at least 4 weeks of leave on at least 3 months' written notice. Payment for accrued leave is due when employment ends.
- What is the maximum penalty for long service leave under the IR Act 2016 (Qld)?
- The Office of Industrial Relations can investigate potential breaches of the long service leave provisions, and employees can lodge a claim to recover unpaid long service leave. Penalty amounts are set in the Industrial Relations Act 2016 (Qld); check the Act for the current figures
- What evidence is required for long service leave under the IR Act 2016 (Qld)?
- Complete time and wages records of continuous service; for each casual employee, a record of total ordinary hours worked from the start of service to 30 June each year, kept for 6 years after employment ends (recommended for part-time staff too); leave calculations (ordinary hours divided by 52, multiplied by 8.6667, divided by 10 for casual and part-time staff).
Source: https://www.business.qld.gov.au/running-business/employing/legal-obligations/long-service-leave/entitlements. Rules Mate is not a law firm. Always verify against the live regulator source before acting.