Platform Overview

What Is Long Service Leave in New South Wales?

Long service leave is something that is different from state to state. If you are living in New South Wales, then this post will help you understand what you are entitled to and how to use it to your benefit. 

Governed by the Long Service Leave Act 1955 (NSW), long service leave can help you take a much needed and well-deserved break from your 9 to 5. 

Table of Contents

Who can claim long service leave in New South Wales?

In NSW full-time, part-time and casual workers can claim long service leave if you have worked with the same employer. They are entitled to 2 months (8.6667 weeks) paid long service leave when they have completed a continuous period of 10 years service. 

Additionally, you can claim more paid leave after each additional period of 5 years of service with the same employer.

Can I take a break and still claim long service leave?

Sometimes a break will not affect the continuity of a workers service but will not count when calculating the length of service, for example, a period of parental leave. 

However, if you are absent from work due to an illness of injury then it will not affect the continuity or calculation of long service leave in NSW. 

Get a free legal document when you sign up to Lawpath

Sign up for one of our legal plans or get started for free today.

What is the Pro-rata entitlement?

If you have worked for five years (but less than 10) with the same employer you may be entitled to a pro-rata long service leave. You will be entitled to a payment for pro-rata long service leave if you resign on account of illness, necessity or incapacity.

Can my long service leave be cashed out?

Long service leave cannot be cashed out. The long service entitlement must be taken as leave. 

However, if you have not taken leave and your employment is terminated after 10 years, you will be paid in lieu of the leave.

Key Takeaways 

A long service leave claim can help you recharge and refocus. So, if you have worked for a company or business for over 10 years, you should consider taking a well-deserved break. 

If you would like to know more about how long service leave in New South Wales affects you, you can hire an experienced Lawpath lawyer to guide you through your application.

You may also like
Recent Articles

Get the latest news

By clicking on 'Sign up to our newsletter' you are agreeing to the Lawpath Terms & Conditions


You may also like

Having an equitable interest in a property may give the holder the right to acquire legal title. Find out what this means and when it can occur here.
If you're interested in protecting your assets for your children, a descendant's trust is likely the best option. Our article breaks this down.
Backdating is the practice of making a contract legally enforceable from a point in time prior to the current date. It can only be done in certain situations.