Pro Rata Long Service Leave, State by State

Pro-rata long service leave is a partial payout when you leave before the full milestone. Whether you get it depends on two things: how long you've served, and — critically — why the employment ended. Both rules change at every state border.

By Published Reviewed

The national comparison

JurisdictionPro-rata fromFull entitlementOrdinary resignation pays?
New South Wales5 years8.67 wks at 10 yrsOnly illness/incapacity/pressing necessity (5–10 yrs)
Victoria7 years6.07 wks at 7 yrsYes — any reason from 7 yrs
Queensland7 years8.67 wks at 10 yrsOnly illness/incapacity/pressing necessity (7–10 yrs)
Western Australia7 years8.67 wks at 10 yrsYes — any reason from 7 yrs
South Australia7 years13 wks at 10 yrsYes — any reason from 7 yrs (completed years)
Tasmania7 years8.67 wks at 10 yrsOnly illness/incapacity/pressing necessity (7–10 yrs)
Australian Capital Territory5 years6.07 wks at 7 yrsFrom 7 yrs; 5–7 only for pressing necessity
Northern Territory7 years13 wks at 10 yrsOnly illness/incapacity/pressing necessity (7–10 yrs)

The rules of thumb (and the traps)

Everywhere: redundancy, death, and genuinely forced resignations (illness, incapacity, pressing necessity) collect the pro-rata payout once you pass the state threshold. Serious misconduct forfeits it — except in Victoria, which pays regardless after 7 years, and the NT, which still pays completed 10-year blocks.

The resignation divide: quitting for a better job at 8 years pays about 6.9 weeks in Victoria, about 6.9 weeks in Western Australia, about 10.4 weeks in South Australia, about 6.9 weeks in the Australian Capital Territory — and zero in New South Wales, Queensland, Tasmania and the Northern Territory. Same tenure, different postcode, thousands of dollars.

The QLD performance trap: Queensland pays on dismissal only when the reason is other than your conduct, capacity or performance — stricter than any other state's misconduct-only carve-out.

Completed years: SA and the NT accrue 1.3 weeks per completed year. In South Australia, resigning at 8 years 11 months pays for 8 years — 1.3 weeks' less pay than waiting a month. (In the NT an ordinary resignation before 10 years pays nothing at all.) Check your anniversary before you hand in notice.

Work out your own number

The long service leave calculator applies each state's threshold, exit-reason rules and accrual formula to your dates and pay — or jump straight to your state page linked in the table above.

Frequently asked questions

What does pro rata long service leave mean?

A proportional payout of long service leave when employment ends before the full qualifying milestone. Instead of the full 8.67 (or 13) weeks, you receive the fraction your service has earned — if your state's rules make it payable for your exit reason.

Can I resign and still get pro rata long service leave?

Depends entirely on the state. VIC, WA and SA: yes, an ordinary resignation from 7 years collects the pro-rata. NSW, QLD, TAS and NT: only resignations forced by illness, incapacity or a domestic/other pressing necessity qualify. The ACT pays any exit from 7 years but restricts its 5-to-7-year tier.

What counts as "domestic or other pressing necessity"?

A genuine compulsion to resign — serious illness (yours or a dependant's), caring obligations, a partner's unavoidable relocation. States interpret it case-by-case, employers can ask for evidence, and a better job offer never qualifies.

Does redundancy trigger pro rata long service leave?

Yes, in every state and territory once you pass its pro-rata threshold (5 years NSW, 7 elsewhere; 5 in the ACT's restricted tier). Redundancy is employer-initiated, which qualifies everywhere.

Is pro rata LSL paid on dismissal for poor performance?

Mostly yes (it is not misconduct) — but Queensland is the trap: QLD only pays when dismissal is for reasons OTHER than conduct, capacity or performance. A performance dismissal at 8 years pays in NSW and WA but not QLD.

Related

Sources

Figures on this page come from the following primary sources. The date is when we last checked the page against the source.

Rules verified 2026-08-07 against each jurisdiction's official sources (see the state pages for citations). Independent guide — not a government service, and not legal advice.