Long Service Leave in Queensland: Eligibility Under the Industrial Relations Act

Queensland has no standalone long service leave Act. The entitlement sits in sections 93 to 114 of the Industrial Relations Act 2016 (Qld), giving most employees 8.6667 weeks of paid leave after 10 years of continuous service.

Where Long Service Leave Sits in Queensland Law

Unlike every other Australian state and territory, Queensland does not have a standalone Long Service Leave Act. The entitlement instead sits inside a general industrial relations statute, in sections 93 to 114 of the Industrial Relations Act 2016 (Qld). It applies to most Queensland employees, including full-time, part-time, casual and seasonal workers, who are not covered by a better long service leave entitlement under a modern award, an enterprise agreement or another industrial instrument. Because the national workplace relations system covers most private-sector employers, the Queensland provisions mainly operate as the fallback entitlement where the federal system does not otherwise provide for long service leave, and for state and local government employees who sit outside the national system.

How Much Long Service Leave You Get in Queensland

Section 95(2)(a) sets the entitlement at 8.6667 weeks of paid leave on completion of 10 years of continuous service with the one employer. This is the same headline figure used in New South Wales, Western Australia and Tasmania, though each of those Acts has its own pro-rata and continuous-service rules. After the first 10 years, further leave accrues proportionately: once an employee completes at least a further 5 years, they are entitled to a period of leave that bears the same proportion to 8.6667 weeks as their further period of service bears to 10 years, so leave keeps building steadily rather than only becoming available in fixed 5-year jumps.

Pro-Rata Long Service Leave on Termination in Queensland

From 7 years of continuous service, section 95(3) and (4) allow a proportionate long service leave payment on termination, but only on specific grounds. These are: the employee's death, resignation because of illness or injury, resignation for a domestic or other pressing necessity, dismissal because of illness, dismissal for a reason other than the employee's conduct, capacity or performance, which is the ground that covers redundancy, a successful unfair dismissal claim, or the ending of a fixed-term contract where the employee reasonably expected to be re-engaged to reach 10 years' service. The formula for calculating the proportionate amount is set out in section 95(7). An employee who simply resigns for reasons outside that list, before reaching 10 years, is not entitled to a payout.

What Counts as Continuous Service in Queensland

Continuous service generally means unbroken employment with the same employer, but the Industrial Relations Act 2016 and its regulation treat particular absences, including specified periods of leave, as not breaking continuity, while other kinds of breaks can affect the calculation depending on their length and cause. Casual and seasonal employees can accrue long service leave in Queensland where their engagement with the employer is regular, and transfers of business between related employers can, in some circumstances, preserve continuity of service. Because these rules are fact-specific, an employee with a break in their employment history should confirm the position with the Office of Industrial Relations rather than assume it either resets or preserves their service date.

How Long Service Leave Pay Is Calculated in Queensland

Long service leave in Queensland is generally paid at the employee's ordinary rate of pay applying at the time the leave is taken or, on termination, at the date employment ends. Employees with variable pay, including overtime, allowances or shift loadings that form part of ordinary pay, should confirm with the Office of Industrial Relations or check the Act directly how their particular pay structure is treated, since the treatment of specific pay components can affect the final calculation.

QLeave and How Queensland Compares

Outside the Industrial Relations Act, Queensland runs QLeave, a portable long service leave scheme covering the building and construction industry, the contract cleaning industry and the community services sector, which lets workers who move between employers within the same industry carry their service forward instead of restarting the qualifying period. Queensland's 8.6667-week entitlement at 10 years matches New South Wales, Western Australia and Tasmania, but its pro-rata window opens at 7 years like Western Australia and Tasmania, with grounds narrower than Western Australia's broad "any circumstances other than serious misconduct" test; see Western Australia long service leave. Queensland's list of pro-rata grounds is closer in structure to Tasmania's; see Tasmania long service leave. For a jurisdiction with a much shorter 7-year qualifying period for the full entitlement, see Victoria long service leave. General enquiries about Queensland long service leave go to the Office of Industrial Relations, and disputes can be heard by the Queensland Industrial Relations Commission. 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 Queensland under the Industrial Relations Act 2016 (Qld), 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, enterprise agreement or employment contract. For advice about a specific entitlement, contact the Office of Industrial Relations or a legal practitioner admitted in Queensland.