Long Service Leave in the Northern Territory: Eligibility and Pro-Rata Rules

The Long Service Leave Act 1981 (NT) gives most NT employees 13 weeks of paid leave after 10 years, accruing at 1.3 weeks per completed year, with a narrower pro-rata window from 7 years than most other states.

Who Qualifies for Long Service Leave in the Northern Territory

The Long Service Leave Act 1981 (NT) applies broadly across the Northern Territory, covering most private-sector employees as well as, through separate arrangements, public sector employees whose leave is administered by the Office of the Commissioner for Public Employment. Full-time, part-time and most casual employees accrue long service leave under section 8(1) at a rate of 1.3 weeks for each completed year of continuous service, reaching 13 weeks once they complete 10 years.

How Much Leave Accrues and How It Grows in the NT

Because the NT accrues leave continuously at 1.3 weeks per year rather than only at fixed milestones, an employee's entitlement grows steadily: at 10 years it is 13 weeks, at 15 years it is 19.5 weeks, and at 20 years it is 26 weeks. The Act also gives employees a fresh right to actually take a block of leave at each further 5-year mark after the first 10 years, even though the underlying entitlement has already been accruing continuously at the same rate throughout.

Pro-Rata Long Service Leave on Termination in the NT

Between 7 years and under 10 years of continuous service, section 10(2) allows a pro-rata payment only on specific grounds: the employee reaching retirement age, the employer ending the employment for a reason other than the employee's misconduct, which covers most redundancies, or the employee resigning because of illness, incapacity, or a domestic or other pressing necessity. A plain resignation for reasons outside that list, before 10 years, is not a qualifying ground in the Northern Territory. Once an employee reaches 10 years, the position becomes more generous: section 10(1) provides full credit for accrued leave on any cessation of employment other than death. If the employee's service ends because of serious misconduct, section 10(1A) limits the payment to only the completed 10-year and 5-year blocks, rather than the full accrued balance including any partly-completed period.

What Counts as Continuous Service in the NT

Continuous service generally means unbroken employment with the same 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 where their engagement with the employer is otherwise regular, and transfers of business between related or successive employers can, in defined circumstances, preserve continuity. An employee with a break in their service history should check their position with the Office of the Commissioner for Public Employment, which administers the Act.

How Long Service Leave Pay Is Calculated in the NT

Unlike jurisdictions that use an average over a period of months or years, the Northern Territory sets long service leave pay at a specific point in time: the employee's rate of pay on the day before their employment ends. This means an employee's long service leave payment reflects their pay rate immediately before leaving, rather than an average that could be pulled up or down by an earlier period of higher or lower pay.

NT Build, the Repealed Community Services Scheme, and How the NT Compares

The Northern Territory's only currently operating portable long service leave scheme is NT Build, covering the construction industry. A separate scheme for the community services sector, the Portable Long Service Leave (Community Services Sector) Act 2024, was passed but never commenced operationally before it was repealed by a repeal Act that took effect on 30 May 2025. There is no live portable scheme for NT community services workers at present, and any description of that scheme as currently operating is describing repealed law that never came into effect. The NT's 13-week entitlement at 10 years matches South Australia's identical structure of 1.3 weeks per year; see South Australia long service leave. The NT's pro-rata window from 7 years excludes plain resignation, narrower than Western Australia's broad test covering any termination short of employer-initiated serious misconduct dismissal; see Western Australia long service leave. General enquiries about NT long service leave go to the Office of the Commissioner for Public Employment, not NT WorkSafe, which deals only with workplace health and safety. Related entitlements are covered on the redundancy pay in Australia page, the long service leave calculator, and the Australia employment law hub.

This article provides general information about long service leave in the Northern Territory under the Long Service Leave Act 1981 (NT), 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 the Office of the Commissioner for Public Employment or a legal practitioner admitted in the Northern Territory.