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People reading this page usually work these out too.
Ten years of continuous service with one employer earns 8.67 weeks — two months — of paid long service leave, then 4.33 weeks for every further 5 years. Between 5 and 10 years a pro-rata payment is owed only if the employer ends the job for something other than serious and wilful misconduct, or you resign because of illness, incapacity or pressing necessity. Past 10 years it is paid out however the job ends.
Long service leave you take as leave is taxed like ordinary pay. This schedule is for an unused balance paid out when the job ends. See take-home pay on $95,000 for the year that includes it, or the final pay calculator for the whole termination payment.
Long service leave in New South Wales comes from the Long Service Leave Act 1955 (NSW), administered by NSW Industrial Relations. It accrues at 0.8667 weeks for every year of continuous service with one employer. At 10 years you can take 8.67 weeks of paid leave; after that, an extra 4.33 weeks (one month) for every further 5 years, so 20 years is 17.33 weeks.
| Continuous service | Weeks accrued | Weeks you can take | Worth at $1,600 a week |
|---|---|---|---|
| 5 years | 4.33 | — | $6,933 |
| 7 years | 6.07 | — | $9,707 |
| 8 years | 6.93 | — | $11,093 |
| 10 years | 8.67 | 8.67 | $13,867 |
| 12 years | 10.40 | 8.67 | $16,640 |
| 15 years | 13.00 | 13.00 | $20,800 |
| 20 years | 17.33 | 17.33 | $27,733 |
| 25 years | 21.67 | 21.66 | $34,667 |
“Accrued” is what is paid out when employment ends and a pro-rata entitlement exists. “Can take” is what you can use as leave while still employed — a dash means the 10-year qualifying period has not been reached.
A pro-rata payment first becomes possible at 5 years of continuous service in New South Wales. Below that, nothing is owed however the job ends.
Between 5 and 10 years the payment is owed only where one of these applies:
A plain resignation for a better job is not on that list. From 10 years the accrued balance is paid out however the employment ends, and it covers your whole period of continuous service — not just the years past the milestone.
Whatever is owed is paid in your final pay, with unused annual leave and any notice. Work the whole thing out with the final pay calculator, and remember that annual leave is a separate entitlement handled by the annual leave calculator.
The Act covers full-time, part-time (including part-timers with fluctuating hours), casual, piecework, commission and outworker employees.
Because the entitlement is measured in weeks, a part-timer earns the same number of weeks as a full-timer and is paid at their own ordinary weekly rate. Put your actual weekly pay into the calculator above rather than a full-time equivalent.
Long service leave cannot be cashed out in NSW. It is an offence to give or receive payment instead of taking the leave, and a criminal conviction may be recorded.
Tax on long service leave is federal, so it is the same in New South Wales as everywhere else. Leave you take is taxed like ordinary pay. An unused balance paid out at termination follows the ATO's unused-leave schedule:
| Leave accrued | Resignation, retirement or dismissal | Genuine redundancy or invalidity |
|---|---|---|
| Before 16 August 1978 | 5% taxed at marginal rates | 5% taxed at marginal rates |
| 16 Aug 1978 – 17 Aug 1993 | Flat 32% | Flat 32% |
| After 17 August 1993 | Marginal rate | Flat 32% |
For anyone who started work after 17 August 1993, only the last row applies. A 10-year NSW entitlement of 8.67 weeks on $1,600 a week is $13,867 gross, landing in a year worth about $97,067 — see take-home pay on $95,000 for what that leaves after tax. The calculator above applies the same split to your own dates.
If one of those describes you, the figures on this page are not yours. NSW Industrial Relations is the regulator for the Act itself; for a federal award or agreement, contact the Fair Work Ombudsman on 13 13 94.
NSW is one of eight jurisdictions with its own Act. The qualifying period runs from 7 years (Victoria and the ACT) to 10, and the rate from 0.8667 weeks a year to 1.3 (South Australia and the Northern Territory).
| State | Take leave at | Weeks then | Pro-rata from |
|---|---|---|---|
| NSW | 10 years | 8.67 | 5 years |
| VIC | 7 years | 6.0667 | 7 years |
| QLD | 10 years | 8.6667 | 7 years |
| WA | 10 years | 8.667 | 7 years |
| SA | 10 years | 13 | 7 years |
| TAS | 10 years | 8.667 | 7 years |
| ACT | 7 years | 6.0667 | 5 years |
| NT | 10 years | 13 | 7 years |
The long service leave hub sets all eight side by side, including what each pays if you resign at 8 years.
8.67 weeks. Long Service Leave Act 1955 (NSW) accrues 0.8667 weeks for every year of continuous service, and 10 years is the point at which you can take it — 8.67 weeks. An extra 4.33 weeks (one month) for every further 5 years, so 20 years is 17.33 weeks.
6.07 weeks has accrued, but NSW does not let you take long service leave until 10 years. Seven years does matter for another reason: it is past the 5-year point at which a pro-rata payment becomes possible if the job ends.
Only from 10 years if you simply resign. Between 5 and 10 years NSW pays a pro-rata amount only where one of these applies: the employer ends the employment for any reason other than serious and wilful misconduct; you resign because of illness, incapacity, or domestic or other pressing necessity; you die (the payment goes to your estate). From 10 years the accrued balance is paid however the employment ends.
Long Service Leave Act 1955 (NSW) accrues 0.8667 weeks for each year of continuous service, paid at your ordinary weekly rate at the time you take the leave or the job ends. Part years count, down to the day.
The Act covers full-time, part-time (including part-timers with fluctuating hours), casual, piecework, commission and outworker employees.
Long service leave cannot be cashed out in NSW. It is an offence to give or receive payment instead of taking the leave, and a criminal conviction may be recorded.
Tax is federal, so it is the same in every state. If your service started after 17 August 1993, the payout is taxed at your marginal rate when you resign, retire or are dismissed. If you leave through genuine redundancy, invalidity or an early retirement scheme, the ATO withholds a flat 32% instead. No tax is withheld from unused leave paid after an employee's death.
NSW Industrial Relations lists: private sector employees whose long service leave comes from an award, agreement or pre-modernised award; NSW public sector employees under the Government Sector Employment Regulation 2014; Commonwealth government employees; local government employees under the Local Government State Award 2023; building and construction, contract cleaning, community services and black coal mining employees in a portable scheme. If you are in one of those groups, your long service leave comes from somewhere else — check with the Fair Work Ombudsman on 13 13 94 or your scheme.
Last verified: 28 August 2026. Our content is based on the latest information from official Australian government sources.
Employment & Workplace Rights Editor
B.Com (Hons), Cert IV Financial Planning
Penny is a financial journalist and workplace compliance specialist with over a decade of experience writing about Australian employment law, Fair Work entitlements, and payroll. She has contributed to publications covering industrial relations and personal finance, and previously advised small businesses on award interpretation and pay compliance.
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