Pro rata long service leave across Australia

Pro rata rules by state and territory

The table shows when pro rata starts, when the full entitlement starts, and which reasons for the end of your job qualify. Before the pro rata window starts, you get nothing in any state.

How to work out the pro rata amount

In NSW, the amount is years of service x 8.6667 / 10 weeks, including part years (s 4(2)(a)(iii)).

In Queensland, the amount is the same proportion of 8.6667 weeks as your service bears to 10 years (s 95(7)). If you were casual or part-time at any time, the hours formula applies. This formula is total ordinary hours / 52 x 8.6667 / 10 (s 105).

In WA, the amount is a proportion of 8 2/3 weeks, based on your entire period of continuous employment. WA counts years, months, weeks and days (s 8(3)).

In SA, the amount is 1.3 weeks for each completed year. Part years do not count (s 5(7)).

In Tasmania, the amount is years of service including part years / 10 x 8 2/3 weeks (s 8(3)). If the employee dies, the employer pays 1/60th of ordinary pay for the period of continuous employment to your personal representatives (s 9(2)(b)).

In the ACT, the amount is a proportion of 2 months (s 11C(2)). The proportion is your completed years and months divided by 10 years. That is 1/5 of a month per year. Completed months also count.

In the NT, the amount is 1.3 weeks for each completed year (s 10(2)). Your employer pays each year at that year's weekly hours and your final rate of pay (s 11).

Points to check

If you make an ordinary resignation in NSW, Queensland, Tasmania, the ACT or the NT, you get no pro rata. In WA and SA, an ordinary resignation qualifies. In Victoria, you need 7 years, and then any reason qualifies.

In Queensland, voluntary retirement between 7 and 10 years does not qualify unless you leave because of illness or pressing necessity (s 95(4)). If your employer dismisses you for any conduct, capacity or performance reason, you also get nothing, unless the dismissal was unfair.

In NSW, your employer must prove that the misconduct was both serious and wilful. If you resign because of illness or pressing necessity, you must prove that reason on the balance of probabilities.

In SA, if you resign without the required notice, your employer can legally withhold pro rata. This is a risk, not an automatic loss.

In Tasmania, retirement age is the age in your award or contract. Otherwise, it is 65 for men and 60 for women, or when you become eligible for a veterans' service pension (s 2(1)).

In the ACT, the minimum retiring age is the age in your award or agreement. Otherwise, it is 65 (s 11C(3)).

In the NT, the government website gives no minimum period for pro rata. The Act sets 7 to under 10 years (s 10(2)). This site follows the Act.