Long Service Leave in the ACT: The Month-Based Entitlement Explained

The Long Service Leave Act 1976 (ACT) is expressed in months, not weeks: most ACT employees earn 1/5 of a month's leave for each year of service, reaching the full 7-year entitlement, about 6.067 weeks, once they complete 7 years.

Who Qualifies for Long Service Leave in the ACT

The Long Service Leave Act 1976 (ACT) is the general long service leave law for ACT private-sector employees who are not covered by an industrial award or agreement that already deals with long service leave, or whose award or agreement does not contain its own long service leave provisions. It covers full-time, part-time and most casual employees. Under section 4, the full entitlement becomes available once an employee completes 7 years of continuous service with the one employer, a shorter qualifying period than the 10 years used in most other Australian jurisdictions and matched only by Victoria.

Why the ACT Entitlement Is Expressed in Months

Every other Australian long service leave Act expresses its entitlement in weeks. The ACT Act does not. Section 4 sets the accrual rate at 1/5 of a month of paid leave for each year of continuous service, so at 7 years an employee has accrued 1.4 months. Converting that figure into weeks, using 52 divided by 12 weeks per month, produces about 6.067 weeks, which is the figure most commonly quoted for comparison with other states. That 6.067-week figure is a conversion for convenience only. It is not the number written in the Act, and it can shift slightly depending on the exact conversion method used, so an employee relying on a precise calculation should work from the statutory month figure, not the rounded weekly conversion.

How Leave Keeps Growing After 7 Years

The ACT does not switch to a separate stepped formula once the initial 7-year entitlement is reached. The same rate, 1/5 of a month for each year of continuous service, simply continues, so an employee at 14 years has accrued 2.8 months, about 12.133 weeks, and an employee at 21 years has accrued 4.2 months, about 18.2 weeks. Leave can be taken by agreement with the employer once it accrues, and any leave not taken carries forward.

Pro-Rata Long Service Leave Before 7 Years in the ACT

Section 11C allows a pro-rata payment for a period of service between 5 years and under 7 years, but only on specific grounds: illness or incapacity, a domestic or other pressing necessity, retirement at or after the minimum retiring age, which is 65 unless a workplace instrument fixes a different age, the employee's death, or termination by the employer for a reason other than the employee's serious and wilful misconduct. A plain resignation for reasons outside that list, before 7 years, does not attract any payment under the ACT Act. This mirrors the structure used in New South Wales and several other states, where an early pro-rata window opens before the full qualifying period but only for a defined set of reasons.

What Counts as Continuous Service in the ACT

Continuous service generally means unbroken employment with the one employer, though the Act treats certain absences, including some periods of leave, as not breaking continuity, while other breaks can affect the calculation depending on their length and cause. Casual employees can accrue long service leave in the ACT where their work with the employer is otherwise regular, and transfers of business between related or successive employers can, in defined circumstances, preserve continuity of service. An employee with a break in their employment history should check their position with WorkSafe ACT or ACT Leave.

ACT Leave's Portable Schemes and How the ACT Compares

Outside the general Act, ACT Leave administers portable long service leave for the building and construction industry, the contract cleaning industry, the community sector and the security industry, letting workers who move between employers within the same industry carry their service forward. The ACT's 7-year qualifying period matches Victoria, but unlike Victoria, the ACT allows a limited pro-rata payment from 5 years; see Victoria long service leave for that contrast, since Victoria pays nothing before 7 years on any ground. The ACT's months-based accrual is unique among the eight jurisdictions; every other state and territory expresses its entitlement directly in weeks, including neighbouring New South Wales long service leave. General enquiries about ACT long service leave go to WorkSafe ACT, and portable-scheme registration and claims go to ACT Leave. Related entitlements are covered on the redundancy pay in Australia page, the ACT long service leave calculator, and the Australia employment law hub.

This article provides general information about long service leave in the Australian Capital Territory under the Long Service Leave Act 1976 (ACT), current as at 19 July 2026. It is not legal advice. Long service leave entitlements depend on individual circumstances, including exact dates of service, breaks in employment and any applicable award or employment contract. For advice about a specific entitlement, contact WorkSafe ACT or a legal practitioner admitted in the Australian Capital Territory.

Frequently Asked Questions

How much long service leave do I get in the ACT?

Under section 4 of the Long Service Leave Act 1976 (ACT), you accrue 1/5 of a month of paid leave for each year of continuous service, reaching 1.4 months, roughly 6.067 weeks, once you complete 7 years.

Why is ACT long service leave measured in months?

The ACT Act is the only one of the eight Australian long service leave laws written in months rather than weeks. The commonly quoted weekly figure is a conversion, not the number in the Act itself.

Do I get long service leave if I resign?

Only from 7 years for a plain resignation. Between 5 and under 7 years, a pro-rata payment is available only for illness or incapacity, a domestic or other pressing necessity, retirement at or after the minimum retiring age, death, or an employer termination other than for serious and wilful misconduct.

What happens to my long service leave if I am made redundant in the ACT?

Redundancy is a termination by the employer other than for serious and wilful misconduct, so it satisfies the pro-rata ground from 5 years under section 11C.

What is the minimum retiring age for ACT long service leave purposes?

65, unless a workplace instrument fixes a different age.

What is ACT Leave?

ACT Leave is the territory body that administers portable long service leave schemes for the building and construction, contract cleaning, community sector and security industries.

Who enforces general long service leave law in the ACT?

WorkSafe ACT handles general enquiries and compliance under the Long Service Leave Act 1976.

Does casual work count towards long service leave in the ACT?

Yes, provided the casual engagement with the employer is otherwise regular and continuous.