Overview

Long service leave is a leave entitlement granted to employees for 'long service' to an employer. Entitlements are contained in state legislation, federal awards or agreements.

In Tasmania the main legislation covering employees in the private sector is the Long Service Leave Act 1976.

Federal Awards or Agreements 

If a federal award or agreement applies to your business, check with Fair Work on 13 13 94 or go to

www.fairwork.gov.au

It is important to note that even if your business is subject to a federal award, you may still be covered by the Long Service Leave Act 1976.

A guide to the Long Service Leave Act 1976  (pdf, 327.0 KB) GB360

Pro-rata long service leave

For an employee covered by the Long Service Leave Act 1976 to be entitled to a pro-rata payment on leaving their employment, they would need to have either:

  • 10 years continuous service or more with their employer, or
  • 7 years service (5 for mining employees) but less than 10 years and be leaving due to illness, incapacity, domestic or other pressing necessity of such a nature to justify termination, or attained the age of retirement, or be an employee whose employment is terminated by his employer for any reason other than the serious and wilful misconduct of the employee.

Legislation links can be found on the Acts and Regulations page.

  • Long Service Leave Act 1976
  • Long Service Leave (State Employees ) Act 1994
  • Construction Industry (Long Service) Act 1997 (administered by Tasbuild)
  • Long Service Leave (Casual Wharf Employees) Act 1982