In Victoria you earn one week of long service leave for every 60 weeks of continuous employment with one employer (s 6). You can use it, or be paid it when you leave, once you reach seven years (s 9). Before seven years, nothing is payable for any reason.
How much leave you get
The rules come from the Long Service Leave Act 2018, which started on 1 November 2018 and replaced the 1992 Act.
Your entitlement is your total weeks of continuous employment divided by 60, less any long service leave you have already taken (s 6). It builds up every week. There are no milestone blocks after seven years.
Seven years is 364 weeks, which gives 6.07 weeks of leave. Victorian government pages round this to about 6.1 weeks. Ten years gives 8.67 weeks, 15 years gives 13 weeks and 20 years gives 17.33 weeks, if you have taken no leave.
The Victorian guide gives these examples. Jenny has worked eight years and six weeks, which is 422 weeks, so she has 7 weeks of leave. Jacqui resigns after seven years and six months, which is 390 weeks, so she is paid 6.5 weeks.
After seven years you can take the leave at any time, subject to the rules on requests below. Your employer can also agree to let you take leave before seven years (s 8(1)).
When you leave
Victoria has no separate pro rata window. Once you reach seven years of continuous employment, your full accrued entitlement is paid when your job ends, whatever the reason (s 9, s 10). That includes resignation and dismissal for serious misconduct.
Before seven years, nothing is payable for any reason. In the Victorian guide, Marcus's employment ended after six years and 11 months, with pay in lieu of notice, and he was not entitled to any long service leave.
When your job ends you are taken to have started your long service leave on that day, and you must be paid that day (s 9).
The Victorian guide gives this example: Lissa resigns after 11 years on $1,100 a week. 572 weeks divided by 60 is 9.53 weeks, so she is paid $10,483 gross. Another Victorian government page rounds this to 9.5 weeks and $10,450, so expect small rounding differences.
In another example, Jayne retires after 22 years, having already taken 6 weeks. 1,144 weeks divided by 60 is 19.1 weeks, less 6 weeks, so she is paid 13.1 weeks.
| How the job ended | Under 7 years | After 7 years |
|---|---|---|
| Resigned | Before seven years: nothing (s 9). | Paid your full accrued entitlement on the day your employment ends (s 9). |
| Resigned due to illness, incapacity or pressing necessity | Before seven years: nothing. Victoria has no special rule for these reasons. | Paid your full accrued entitlement on the day your employment ends (s 9). |
| Employer ended your employment | Before seven years: nothing (s 9). | Paid your full accrued entitlement on the day your employment ends (s 9). |
| Redundancy | Before seven years: nothing (s 9). | Paid your full accrued entitlement on the day your employment ends (s 9). |
| Dismissed for serious misconduct | Before seven years: nothing (s 9). | Still paid your full accrued entitlement. Misconduct does not reduce it (s 9). |
| Retirement | Before seven years: nothing (s 9). | Paid your full accrued entitlement, less leave already taken (s 9). |
| Death | Before seven years: nothing (s 10). | The accrued entitlement is paid, at the rate at the time of death (s 10). |
Before you rely on this
- A more favourable long service leave entitlement in your employment agreement, including a fair work instrument, applies instead of the Act to the extent it is inconsistent (s 5(b)). Any term that tries to cut down your Act entitlement has no effect (s 23).
- Seven years gives 6.07 weeks if you count 7 x 52 weeks. Victorian government pages say about 6.1 weeks, and the Business Victoria calculator counts actual days, so it can show slightly more.
- Official examples round differently. Lissa's 11 years is 9.53 weeks on one Victorian page and 9.5 weeks on another. One Victorian example also shows a 260-week average of $1,661.53 when its own figures give $1,653.85. Check the maths for your own case.
- Absences before 1 November 2018 are counted under the old 1992 Act rules. Unpaid parental leave before that date does not count as service, and unpaid parental leave longer than 12 months may have broken continuity.
- Construction workers under the Construction Industry Long Service Leave Act 1997, and workers in portable long service leave industries, have separate arrangements.
- You must not work for pay during your long service leave hours (s 35).
What counts as service
Counts as service
- Annual leave and long service leave (s 12(2)(a)-(b)).
- Carer's leave, leave for illness or injury, and other leave provided for in your employment agreement (s 12(2)(e)-(g)).
- Paid parental leave (s 12(2)(c)).
- Since 1 November 2018, unpaid leave of up to 52 weeks (s 14(a)).
- All your service with a related body corporate, which is treated as the same employer (s 11(2)).
- Service with a previous owner when the business changes hands and you keep working (s 11(3)-(4)).
Does not count, but does not break your service
- Unpaid leave beyond 52 weeks, unless your agreement treats it as employment, it was agreed in writing beforehand, or it was for illness or injury (s 14(a)).
- The gap between your employment ending and being re-employed (s 14(b)).
- A stand down during industrial action, a machinery breakdown or a stoppage your employer could not control (s 14(c)).
- Time off because of an industrial dispute (s 14(d)).
- Unpaid parental leave taken before 1 November 2018. If the leave ran across that date, only the part from 1 November 2018 counts (s 57).
- Before 1 November 2018, absence for illness or injury beyond 48 weeks in any year (s 57).
- These periods do not break your continuous employment, but they are not added to it.
Breaks your service
- Being re-employed more than 12 weeks after your employment ended (s 12(6)).
- For casual and seasonal workers, a gap of more than 12 weeks between jobs, unless one of the exceptions in s 12(3) applies.
- Any other absence that s 12 does not cover.
Casual and seasonal work is continuous unless there is a gap of more than 12 weeks between jobs. A longer gap does not break it if it was agreed beforehand, is part of the terms of engagement, is due to seasonal factors, or the work was regular and systematic and you reasonably expected to be re-engaged (s 12(3)). Parental leave of up to 104 weeks does not break casual or seasonal employment (s 12(2)(d)).
If the business changes owner and you keep working, your start date stays the same and the new owner is liable for all your accrued long service leave (s 11(3)-(4)). The same applies if you are dismissed and the new owner re-employs you within 12 weeks (s 11(5)). There are also rules for asset transfers and outsourcing (s 11(6)-(11)).
If your employment ends and the same employer re-employs you within 12 weeks, continuity is not broken (s 12(6)). For apprentices the window after finishing the apprenticeship is 52 weeks.
If your employer ends or interrupts your employment to avoid long service leave, continuity is not broken (s 12(4)).
How your pay is worked out
Ordinary pay is what you are entitled to on the day your leave starts, for your normal weekly hours at your ordinary time rate, plus the cash value of any board or lodging (s 15(1)). If your job ends, that day is the day your employment ends (s 9).
Casual loading is included. Penalty rates, occasional overtime and allowances paid on top of the ordinary rate are normally left out.
If you have no fixed weekly hours, or your hours changed in the 104 weeks before your leave, your normal weekly hours are the greatest of three averages: the last 52 weeks, the last 260 weeks, or your whole period of continuous employment (s 16). Hours of paid leave are added to hours worked, and weeks of unpaid leave are taken out.
In the Victorian guide, Sonia had worked eight years and cut her hours from 38 to 24 in the last 26 weeks. Her averages were 31 hours (52 weeks), 36.6 hours (260 weeks) and 37.1 hours (whole period), so her long service leave is paid at 37.1 hours a week.
If you have no fixed ordinary time rate, for example because you earn commission, your rate is the greatest of your average weekly earnings over the last 52 weeks, the last 260 weeks or your whole period of employment (s 15(2)). Non-discretionary commissions and regular contractual bonuses may count.
If you get a pay rise during your leave, you are paid the higher rate from when it starts (s 21). If you are on WorkCover or suitable duties, you are paid on the greater of your pre-injury or current hours and rate (s 17).
Taking your leave
- Minimum period
- You can ask for as little as one day at a time (s 18(1)). Your employer must grant it as soon as practicable, unless there are reasonable business grounds to refuse (s 18(2)). You can also ask for double the time at half pay, and your employer must agree unless there are reasonable business grounds (s 22).
- Notice
- Your employer can direct you to take long service leave, but must give you at least 12 weeks' written notice (s 19(1)).
- Public holidays
- Public holidays and annual leave during your long service leave are not counted as part of it, so they extend your leave (s 7).
- Leave in advance
- Your employer may agree to let you take leave before you are entitled to it (s 8(1)). You do not earn that leave again (s 8(2)). If your employment ends before you have earned it, your employer can deduct the amount paid for leave you had not earned (s 8(3)).
- When you are paid
- In any way and at any time you agree before the leave starts (s 20(1)). Otherwise, in full at the start or at your normal pay times (s 20(2)). You must not work for pay during the hours you are on long service leave (s 35).
Cashing out
You cannot cash out long service leave while you are still employed. Paying or accepting money instead of long service leave is an offence for both employer and employee, unless this or another Act or the relevant fair work instrument allows it (s 34). You cannot take half the leave at double pay. long service leave is paid out when your employment ends.
Records your employer must keep
Your employer must keep long service leave records while you work there and for at least seven years after you leave (s 37(3)).
Who these rules cover
- Full-time, part-time and casual employees
- Seasonal employees
- Fixed-term employees
- Apprentices and trainees
- Victorian public sector employees (as defined)
- Clothing outworkers, who are treated as employees
Not covered
- Employees entitled to long service leave under another Victorian Act, to the extent of any inconsistency (s 5(a))
- Employees with a more favourable long service leave entitlement under an employment agreement, to the extent of any inconsistency (s 5(b))
- Employees of employers exempted under s 65 of the Long Service Leave Act 1992 (s 5(c))
- Employees under Part 2.3, 2.4 or 2A.1 of the Education and Training Reform Act 2006 (s 5(d))
- Construction workers entitled under the Construction Industry Long Service Leave Act 1997 (s 5(e))
- Workers in portable long service leave industries under the Long Service Benefits Portability Act 2018
- Genuine independent contractors
Recent changes
- 1 November 2018: The Long Service Leave Act 2018 started, replacing the 1992 Act. Unpaid leave of up to 52 weeks and all illness or injury absence now count, casuals have a 12-week gap rule, leave can be taken in single days, and pay averaging uses 52 weeks, 260 weeks or the whole period.
- 1 July 2021: Amendments started that require the full entitlement to be paid on the day employment ends, and changed the record-keeping offences.
- 12 December 2025: The regulator was renamed Workforce Inspectorate Victoria (previously Wage Inspectorate Victoria).
Questions about long service leave in VIC
How much long service leave do I get after seven years in Victoria?
One week for every 60 weeks of continuous employment (s 6). Seven years is 364 weeks, which is 6.07 weeks. Victorian government pages describe it as about 6.1 weeks.
Do I get long service leave if I resign after seven years in Victoria?
Yes. After seven years your full accrued entitlement is paid when your employment ends, for any reason, including resignation (s 9).
Is long service leave paid if I leave before seven years in Victoria?
No. Victoria has no pro rata payment before seven years, whatever the reason you leave. Six years and 11 months gets nothing.
Do casual workers get long service leave in Victoria?
Yes. Casual employment is continuous unless there is a gap of more than 12 weeks between jobs, and even a longer gap may not break it in some cases (s 12(3)). Casual loading is included in long service leave pay.
Can I take long service leave one day at a time in Victoria?
Yes. You can ask for as little as one day, and your employer must grant it unless there are reasonable business grounds to refuse (s 18).
Official sources
- Long Service Leave Act 2018Victorian Chief Parliamentary Counsel
- Long Service Leave Act 2018, Authorised Version 006 (PDF)Victorian Chief Parliamentary Counsel
- Victoria's long service leave lawsWorkforce Inspectorate Victoria
- Calculating long service leaveWorkforce Inspectorate Victoria
- Accrual of long service leaveWorkforce Inspectorate Victoria
- Taking long service leaveWorkforce Inspectorate Victoria
- Calculate long service leaveBusiness Victoria
- Long service leave: employment terminationBusiness Victoria
- Victoria's Long Service Leave Act 2018 - FAQsBusiness Victoria
Rules last reviewed 3 November 2026 against the Long Service Leave Act 2018 (Vic) and the regulator's guidance.