Under seven years: nothing is payable if you resign. Victoria has no exception for resigning because of illness or family reasons.
Seven years or more: you are paid your total weeks of employment divided by 60, less any long service leave you have taken (s 6, s 9). You are treated as starting your long service leave on the day your employment ends, and you must be paid that day.
Example from the Victorian guide: Lissa resigns after 11 years on $1,100 a week. 11 x 52 is 572 weeks, divided by 60 is 9.53 weeks, so she is paid $10,483 gross. Business Victoria shows the same example rounded to 9.5 weeks and $10,450.
Your pay is worked out on the day your employment ends (s 15). If your hours changed in the 104 weeks before you leave, your hours are the greatest of your 52-week, 260-week or whole-of-employment averages (s 16). This protects you if you cut back your hours before resigning.
If your employer let you take leave in advance and you resign before you have earned it, your employer can deduct the amount paid for the unearned leave (s 8(3)).
If you resign and the same employer re-employs you within 12 weeks, your continuous employment is not broken (s 12(6)). The gap itself does not count (s 14(b)).
Common questions
Do I get long service leave if I resign after eight years in Victoria?
Yes. After seven years your full accrued entitlement is paid when you resign (s 9). For example, eight years and six weeks is 422 weeks, which is 7 weeks.
Do I get anything if I resign at six years in Victoria?
No. Nothing is payable before seven years of continuous employment, whatever the reason.
When is long service leave paid after I resign in Victoria?
On the day your employment ends (s 9).
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.