Longserviceleave.com

Guide · Australia

Getting sick while on long service leave: can you switch to sick leave?

No state or territory long service leave Act gives you a right to switch to sick or personal leave after your long service leave starts. Guidance in NSW and WA says that your employer can agree to the change, but does not have to agree. In the other states, the Act does not deal with this. So the answer depends on your agreement, your workplace policy or the consent of your employer.

  • 4 min read
  • 5 sections
  • 14 official sources

Key points

  • No state or territory Act gives you a right to switch from long service leave to sick leave.
  • In NSW and WA, your employer can agree to the change, but does not have to agree.
  • In the other states, the Act does not deal with this.
  • The Fair Work Act rule for annual leave (s 89(2)) has no match for long service leave.
  • If your employer agrees to a change, put the agreement in writing.
On this page
  1. The rule in each state
  2. Why the Fair Work Act does not help here
  3. How to ask for the leave back
  4. What continues to accrue while you are on long service leave
  5. Where to get help
  6. Common questions
  7. Related guides
  8. Official sources

The rule in each state

The table shows whether each Act, or the state regulator, deals with a switch to sick leave. The table also shows the days that the Act does take out of your long service leave, such as public holidays. These days are the only adjustments that the Acts make.

StateCan you switch to sick leave?What the Act does take out of the leaveSection
NSWOnly by agreement. NSW Industrial Relations says that the Act has no way to convert or re-credit long service leave, but it does not ban this either. The answer depends on your industrial instrument or an agreement with your employerAnnual holidays, and a paid public holiday adds a days 4(4), s 4(4A)
VICThe Act does not deal with thisPublic holidays and annual leave that you take during the leaves 7
QLDThe Act does not deal with thisPublic holidayss 95(5)
WAOnly by agreement. The WA guide says that you can ask your employer to cancel or reverse long service leave for a period of sickness. But your employer does not have to agreeA public holiday adds a day, if you would otherwise have a right to that holidays 9(4)
SAThe Act does not deal with thisNothing. Every day after the leave starts counts as leave, and this includes public holidayss 7(7)
TASThe Act does not deal with thisPublic and statutory holidays and annual leave during the leaves 12(9)
ACTThe Act does not deal with thisA public or award holiday adds a days 9
NTThe Act does not deal with thisNothing. Public holidays are part of the leaves 9

Why the Fair Work Act does not help here

The Fair Work Act has a clear rule for annual leave. If you take other National Employment Standards leave during your annual leave, the Act does not count that time as annual leave (s 89(2)). Paid sick leave is an example of this other leave. This is why you can usually get annual leave back when you are sick.

Long service leave has no matching rule. Long service leave mostly comes from state and territory law, not from the National Employment Standards (s 113). The state Acts have no equivalent of s 89(2). The only exceptions are the public holiday and annual leave rules in the table.

Check your own numbers

Pick your state. The calculator uses that state's Act and shows the working.

How to ask for the leave back

In NSW and WA, the regulators say that a change is possible if your employer agrees. NSW Industrial Relations says that any change depends on your industrial instrument, such as an award or enterprise agreement. It can also depend on an agreement between you and your employer. The WA guide says that any request to cancel or reverse the leave is a matter of mutual agreement.

In the other states, the Act says nothing about this, so the same practical approach applies. First, check whether your enterprise agreement, contract or workplace policy deals with sickness during long service leave. If it does not, you can still ask your employer to agree.

Put any agreement in writing. In the agreement, state how many days of long service leave your employer re-credits. Also state how many days of sick leave you use.

What continues to accrue while you are on long service leave

The Fair Work Ombudsman says that sick and carer's leave continues to accumulate while you are on long service leave. Business Queensland says that long service leave itself continues to accrue while you are on paid sick, annual or long service leave. The WA guide says that employees in the WA state system accrue annual leave and personal leave during long service leave.

If you are sick for a long time after your long service leave ends, the continuity rules of your state apply to that absence. NSW, Victoria and SA count time off for illness or injury as service. Queensland, WA and the NT do not count unpaid sick leave. Tasmania needs a medical certificate. The ACT counts only up to 2 weeks a year. For how absences change your service, read how to calculate long service leave.

Where to get help

Your employer may not agree, and you may think that your agreement or contract gives you a right to switch. In this case, contact the Fair Work Ombudsman or your state regulator. If you cannot settle a dispute, an employment lawyer can advise you.

Common questions

Can I take sick leave while I am on long service leave?

Not as of right. No state Act lets you convert long service leave to sick leave after the leave starts. You can ask your employer to agree. An agreement or workplace policy may also allow it.

Do I get my long service leave back if I get sick in NSW?

Only if your employer agrees or your industrial instrument provides for it. NSW Industrial Relations says that the Act does not provide for it and does not prohibit it.

Can I get my long service leave re-credited in WA?

You can ask. The WA guide says that you can ask your employer to cancel or reverse long service leave for a period of sickness. But your employer does not have to agree.

Why can I swap annual leave for sick leave but not long service leave?

The Fair Work Act says that you are not on annual leave while you take other National Employment Standards leave (s 89(2)). Long service leave comes from state law, and state law has no matching rule.

Does sick leave continue to accrue while I am on long service leave?

Yes. The Fair Work Ombudsman says that sick and carer's leave accumulates while you are on long service leave.

Official sources

Rules last reviewed 3 November 2026. Every figure comes from the state Acts, the regulators and the ATO; see sources and method.