Under seven years, nothing is payable. From seven years up to ten years, the reason your job ended decides whether you are paid. From ten years, you are paid whatever the reason (s 95(3)).
The qualifying reasons between seven and ten years are (s 95(4)): your death; you resigned because of your illness or a domestic or other pressing necessity; your employer dismissed you because of your illness; your employer dismissed you for a reason other than your conduct, capacity or performance, such as redundancy; your employer unfairly dismissed you; or a fixed-term job ended when you reasonably expected it to last ten years and you were prepared to stay. Illness includes injury, incapacity or another medical condition (s 95(7)).
Some common situations do not qualify. An ordinary resignation, a voluntary retirement, and a dismissal for any conduct, capacity or performance reason all get nothing, unless the dismissal was unfair. Retirement qualifies only if you are retiring because of illness or a pressing necessity.
Business Queensland's own list of reasons does not mention the fixed-term ground in s 95(4)(d). It is in the Act, so it applies.
The amount is full pay for the same share of 8.67 weeks that your service bears to ten years, which is about 0.87 weeks per year including part years (s 95(7)). Business Queensland's tables convert one month to 0.0722 weeks.
If you were casual or regular part-time at any time, use your total ordinary hours instead (s 105). Business Queensland's example: 9,600 hours over eight years gives 9,600 / 52 x 8.6667 / 10 = 160 hours of long service leave, paid at your ordinary hourly rate.
Common questions
Is pro rata long service leave paid after seven years in Queensland?
Only for the reasons in s 95(4), such as illness, pressing necessity, redundancy, unfair dismissal, death or certain fixed-term endings. An ordinary resignation gets nothing.
I was dismissed for poor performance after eight years in Queensland. Do I get pro rata?
No, unless the dismissal was unfair. A dismissal for conduct, capacity or performance does not qualify between seven and ten years (s 95(4)(c)).
Does retiring at seven to ten years qualify in Queensland?
Not on its own. It qualifies only if you retire because of your illness or a domestic or other pressing necessity (s 95(4)(b)).
Does a fixed-term contract ending count?
It can. If you reasonably expected the job to last ten years and you were prepared to keep working, you qualify (s 95(4)(d)).
Official sources
- Industrial Relations Act 2016Queensland Parliamentary Counsel
- Industrial Relations Act 2016 (PDF reprint)Queensland Parliamentary Counsel
- Long service leave in QueenslandBusiness Queensland
Rules last reviewed 3 November 2026.