Longserviceleave.com

Long service leave when you resign in South Australia

In South Australia you can resign and still be paid long service leave once you have 7 or more years of service (s 5(3)). Before 10 years, how you resign matters: give the notice you are required to give, or your employer may withhold the payment (s 5(4)).

By Sri Murugan Systems ยท Rules last reviewed

Under 7 years: you are not paid any long service leave when you resign (s 5(3)).

From 7 to under 10 years: you are paid 1.3 weeks for each completed year at your ordinary weekly rate immediately before you leave (s 5(3), s 8(4)). This covers an ordinary resignation as well as resigning because of illness or family circumstances. SafeWork SA's example: Aisha resigned after 8.5 years with 4 weeks' notice and was paid 10.40 weeks.

Notice is the main trap. If you resign without giving the notice you are required to give, that is an unlawful termination, and your employer may withhold the pro-rata payment (s 5(4)). SafeWork SA says the employer 'has the legal option to withhold' it. In SafeWork SA's example, Ajay left after 7.5 years without giving the required 2 weeks' notice, and his employer could keep the payment. Check your notice period before you hand in your resignation.

10 years or more: all your untaken leave is paid when you leave, whatever the reason (s 5(2), s 8(4)). The notice rule no longer affects your long service leave at this point. You get 13 weeks for the first 10 years, then 1.3 weeks for each further completed year, less any leave already taken (s 5(1)).

Time your resignation with your anniversary in mind. Only completed years count (s 5(7)). If you leave after 12 years and 6 months, you are paid for 12 years: 15.60 weeks (SafeWork SA). Staying until 13 years adds 1.30 weeks. Remember that unpaid leave and some other breaks push your anniversary back (s 6(2)).

Payment is due immediately when your job ends (s 8(4)). If you worked part-time, casual or varying hours in the last 3 years, the weekly amount is based on your average weekly hours over those 3 years (s 3(2)).

Common questions

If I resign after 8 years in SA, do I get long service leave?

Yes. You are paid 8 x 1.3 = 10.40 weeks, as long as you gave the required notice (s 5(3), s 5(4)).

Can my employer refuse to pay my long service leave if I resign?

Only between 7 and 10 years, and only if you resigned without the required notice (s 5(4)). After 10 years, untaken leave is paid whatever the reason (s 5(2)).

When must my employer pay me?

Immediately when your employment ends (s 8(4)).

What if I took long service leave in advance?

It is taken off what you are paid. SafeWork SA's example: Jack took 4 weeks in advance and resigned after 8 years, so he was paid 10.40 weeks less 4 weeks: 6.40 weeks (s 7(6)).

Official sources

Rules last reviewed 3 November 2026.