Under 5 years: nothing is payable (s 11C).
From 5 to under 7 years: an ordinary resignation gets nothing (s 11C). You are paid pro-rata only if you resign because of illness, incapacity or domestic or other pressing necessity, or after reaching the minimum retiring age (s 11C(1)). The retiring age is the one in your award or agreement, or 65 (s 11C(3)).
7 years or more: your employer must pay your long service leave credit, which is the leave you have accrued less any leave you have taken (s 11A(1)). This applies whatever your reason for leaving.
After 7 years, only completed years count (s 3(2)). WorkSafe ACT says completed months are not taken into account. So if you resign at 9 years and 10 months, you are paid for 9 years, about 7.80 weeks. Staying until 10 years adds about 0.87 weeks.
Time away that does not count as service pushes your anniversary back. This includes unpaid leave, time on strike and work-injury absences (s 2G(5)). If you resign and come back within 2 months, your service is not broken, but the gap does not count (s 2G(2)(e), s 2G(5)).
Your payment is worked out at your rate immediately before you leave. If you are part-time or casual, it uses your average weekly hours over the last 12 months (s 11D).
Your employer must pay within 90 days after your employment ends. Since 19 November 2025, missing this deadline is an offence (s 11A(4)). If you are not paid, you can contact WorkSafe ACT on 13 22 81.
Common questions
Do I get long service leave if I resign after 6 years in the ACT?
Not for an ordinary resignation (s 11C). You may be paid pro-rata if you resign because of illness, incapacity or pressing necessity, or have reached retirement age.
Do I get long service leave if I resign after 8 years?
Yes. Your long service leave credit for 8 completed years, about 6.93 weeks less any leave taken, is paid (s 11A).
How long does my employer have to pay me?
90 days after your employment ends (s 11A(4)).
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.