Key points
- WA, SA and Tasmania permit a cash-out by agreement while you are still employed.
- Queensland permits a cash-out only in limited cases (s 110).
- NSW, Victoria and the NT do not permit a cash-out while you are employed.
- The ACT Act has no rule that permits a cash-out.
- Super guarantee is payable on leave that you cash out while you are still employed.
On this page
Cash-out rules by state
| State | Permitted while employed? | Conditions | Section |
|---|---|---|---|
| NSW | No | You can get payment instead of leave only when your job ends. The penalty for a breach is up to 20 penalty units | s 4(8), s 4(5), s 10 |
| VIC | No | A cash-out is an offence for the employer and the employee, unless another Act or your fair work instrument permits it. Half the leave at double pay is not permitted | s 34 |
| QLD | Only in limited cases | Your industrial instrument permits it and you sign an agreement. Or, the Queensland Industrial Relations Commission orders it on compassionate or financial hardship grounds | s 110 |
| WA | Yes | Only for fully accrued leave. You and your employer must both sign a written agreement. The pay must be no less than ordinary pay | s 5 |
| SA | Yes | You and your employer must both sign a written agreement. Your employer cannot force you to cash out | s 5(1a), s 8(3a), s 10(2a) |
| TAS | Yes | After you become entitled, you can agree to a cash-out. The pay is ordinary pay for the length of the leave | s 10 |
| ACT | No official rule | The Act has no provision that permits it | ss 11A, 11C, 14 |
| NT | No | You can get money instead of leave only on termination | s 10(4) |
Where you can cash out
In WA, you can cash out only leave that has fully accrued. In the official example, Emma has 11 years of service and 8.667 weeks of accrued leave. She cashes out 4 weeks for 4 weeks' salary by a signed agreement. If you earn commission, your employer averages your pay over the 365 days before the agreement (s 7(4)).
In SA, you get your ordinary weekly rate from immediately before the payment (s 8(3a)). If that rate changes in the period that the leave would have covered, your employer must top up the payment (s 8(3a)). You get a copy of the agreement (s 10(2a)).
In Tasmania, WorkSafe says that you can agree to payment instead of leave, or to a mix of the two (s 10).
Pick your state. The calculator uses that state's Act and shows the working.
Queensland: a cash-out only in limited cases
In Queensland, you have no general right to cash out (s 110(5)). Business Queensland says that you must qualify first. If no award or agreement gives this right, you can apply to the Commission on Form 13 (s 110). You must apply on compassionate or financial hardship grounds.
The ACT has no official rule
The ACT Act gives payment instead of leave only when your job ends (s 11A, s 11C). It does not let you contract out of the Act, except for award or agreement terms that are more advantageous (s 14). No ACT law or ACT guidance gives a direct rule about a cash-out.
The Fair Work Ombudsman says that, in general, you usually cannot cash out long service leave while you still work for the business.
Awards, agreements and super
Awards, enterprise agreements, public sector instruments and portable schemes can override these Acts. Read your instrument before you agree to anything.
Super guarantee is payable on leave that you cash out while you are still employed. For more information, read our guide to super on long service leave.
What happens when you leave your job
In every state, after you reach your full entitlement, your employer must pay out your unused leave when your job ends. This is true for all reasons that your job ends. In WA and the NT, the Act limits the amount if your employer dismisses you for serious misconduct. The sections are WA s 8(2)(c)(ii) and NT s 10(1A).
In NSW, the payment is due immediately (s 4(5)(a)). In Victoria (s 9) and WA (s 9(2A)), it is due on the day that your job ends. In the ACT, it is due within 90 days (s 11A(4)).
Before you reach your full entitlement, pro rata leave depends on your years of service and why you left. No super guarantee is payable on this payout. For more information, read our guide to payouts when you leave.
Common questions
Can I cash out long service leave in NSW?
No. In NSW, you can get payment instead of leave only when your job ends (s 4(8)).
Can I cash out long service leave in Victoria?
No, unless another Act or your fair work instrument permits it (s 34). Instead, you can ask to take double the period at half pay (s 22).
Can my employer make me cash out my leave?
In WA, SA and Tasmania, a cash-out needs your agreement. In SA, your employer cannot force you to cash out.
Can I cash out leave before I reach 10 years in WA?
No. In WA, you can cash out only leave that has fully accrued. You cannot cash out leave in advance (s 5).
Can I cash out long service leave in the ACT?
The ACT Act has no provision that permits it. The Act gives payment instead of leave only when your job ends (s 11A).
Related guides
Rules last reviewed 3 November 2026. Every figure comes from the state Acts, the regulators and the ATO; see sources and method.
Calculators
Across Australia
- Pro rata leave in every state
- Is it paid out when you leave?
- How many weeks you get
- Tax on unused leave
- Casual workers
- Part-time and changed hours
- Cashing out leave
- Super on long service leave
- Portable schemes
- Commonwealth and APS staff
- NSW Health staff
- Every long service leave Act
- Fair Work and the NES
- Awards and long service leave
- Changing employers