You qualify for pro-rata if you have at least 5 but less than 7 years of service and your job ends because of illness, incapacity or domestic or other pressing necessity, because you reached the minimum retiring age, because you died, or because your employer ended it for a reason other than serious and wilful misconduct (s 11C(1)).
Redundancy is an employer termination for a reason other than misconduct, so it qualifies (s 11C). The minimum retiring age is the age set by your award or agreement, or 65 if none is set (s 11C(3)).
You do not qualify if you resign for an ordinary reason, such as taking another job, or if you are dismissed for serious and wilful misconduct (s 11C).
The amount is a period of ordinary pay that bears the same proportion to 2 months as your completed years and months of service bear to 10 years (s 11C(2)). In weeks, that is about 0.87 weeks per year. At 5 years it is about 4.33 weeks; at 6 years about 5.20 weeks.
Unlike the full entitlement after 7 years, pro-rata counts completed months as well as completed years (s 11C(2)). So 6 years and 6 months is paid as 6.5 years, about 5.63 weeks.
Your pay is worked out at your rate immediately before your job ended. If you were part-time or casual, it uses your average weekly hours over the 12 months before it ended (s 11D).
Your employer must pay within 90 days after your employment ends. Since 19 November 2025, not doing so is an offence (s 11A(4)). If you die, the payment goes to your legal personal representative. Once you reach 7 years, pro-rata no longer applies. From then on, your long service leave credit is paid when you leave for any reason (s 11A).
Common questions
Do I get pro-rata long service leave if I resign in the ACT?
Only if you resign because of illness, incapacity or domestic or other pressing necessity, or after reaching the minimum retiring age (s 11C). An ordinary resignation gets nothing.
Are part years counted for ACT pro-rata?
Completed months are counted, as well as completed years (s 11C(2)).
What is the retiring age for pro-rata in the ACT?
The age set by your award or agreement, or 65 if none is set (s 11C(3)).
Is anything paid under 5 years?
No. The Act pays nothing for less than 5 years of service (s 11C).
Official sources
- Long Service Leave Act 1976 (ACT)ACT Parliamentary Counsel's Office
- Guidance Note 067A: Long Service Leave Calculation GuidelinesWorkSafe ACT
- Guidance Note 067: Long Service LeaveWorkSafe ACT
Rules last reviewed 3 November 2026.