Long service leave when you are made redundant in Victoria

Victoria has no special pro rata ground for redundancy. The only question is whether you have reached seven years of continuous employment.

If you have, you are paid your total weeks of employment divided by 60, less any long service leave already taken (s 6). You are treated as starting your long service leave on the day your employment ends, and you must be paid that day (s 9).

If your hours were cut before the redundancy, check the averaging rules. Where your hours changed in the 104 weeks before your employment ends, your normal weekly hours are the greatest of your 52-week, 260-week or whole-of-employment averages (s 16). In the Victorian guide, Sonia's hours dropped from 38 to 24 in her last 26 weeks, but she was still paid at 37.1 hours a week.

If the business is sold and the new owner keeps you on, your start date stays the same and the new owner is liable for all your accrued long service leave (s 11(3)-(4)). If you are dismissed and the new owner re-employs you within 12 weeks, the same applies (s 11(5)). In that case you are not paid out, because your employment continues.

If your employer re-employs you within 12 weeks of ending your employment, your continuous employment is not broken (s 12(6)). The gap is not added to your service (s 14(b)).

If your employer ends your employment to avoid paying long service leave, your continuity is not broken (s 12(4)).

Common questions

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

Rules last reviewed 3 November 2026.