Long Service Leave in Western Australia: The 1958 Act and the 7-Year Pro-Rata Rule

The Long Service Leave Act 1958 (WA) is now the sole general source of long service leave for most WA private-sector employees, giving 8⅔ weeks of paid leave after 10 years, since the old 1978 General Order was repealed in 2006.

Who Qualifies for Long Service Leave in Western Australia

The Long Service Leave Act 1958 (WA) is the general source of long service leave for most private-sector employees in Western Australia. Full-time, part-time, casual and seasonal employees who complete 10 years of continuous service with the same employer become entitled under section 8(2)(a) to 8⅔ weeks, 8.6667 weeks, of paid leave. Some employees instead hold an entitlement under an award, industrial agreement, or enterprise agreement that is at least equivalent to the Act, and section 4A allows that instrument to apply in place of the general Act for those employees. This is a genuine alternative mechanism written into the current law, not a revival of any earlier scheme.

The Old General Order Is No Longer Law

WA's long service leave landscape used to include a separate instrument, commonly called the 1978 LSL General Order, which many private-sector employers and employees once relied on alongside the 1958 Act. That instrument was repealed by the Labour Relations Legislation Amendment Act 2006, effective 4 July 2006, and has not applied for two decades. Any reference to the General Order as a current source of entitlement is describing repealed law. Employees who are not covered by a section 4A award or agreement entitlement rely solely on the Long Service Leave Act 1958 itself for their general long service leave rights.

How Much Leave Accrues and How It Grows

At the 10-year mark, a full-time WA employee holds 8⅔ weeks of paid long service leave. After that, a further 4⅓ weeks accrues for every additional 5 years of continuous service, the same stepped structure used in New South Wales and Tasmania. An employee who reaches 15 years therefore holds 13 weeks, and an employee at 20 years holds 17⅓ weeks. Leave can be taken by agreement once it accrues, and any leave not taken carries forward and is paid out on termination once the underlying entitlement or pro-rata right has arisen.

Pro-Rata Long Service Leave on Termination in WA

Western Australia's pro-rata rule, in section 8(3), is broader than most other states. From 7 years of continuous service, a proportionate payment is available on the employee's death or on termination in any circumstances other than dismissal by the employer for serious misconduct. Because the exclusion only covers employer dismissal for serious misconduct, this rule reaches further than jurisdictions such as New South Wales or Queensland, which restrict early pro-rata payments to specific reasons like illness or domestic necessity. In Western Australia, an employee who simply resigns after 7 years, for any reason, is generally entitled to a pro-rata payment, provided they are not the one being dismissed for serious misconduct.

What Counts as Continuous Service in WA

Continuous service under the Act generally means unbroken employment with the one employer, though the Act treats some absences, including certain periods of leave, as not breaking continuity, while other breaks can affect the calculation depending on their length and cause. Casual and seasonal employees can accrue long service leave where their work with the employer is otherwise regular, and a transfer of business between related or successive employers can, in defined circumstances, preserve continuity. Long service leave in WA is generally paid at the employee's ordinary rate of pay at the time leave is taken or at termination. Because these rules turn on the specific facts, an employee with a break in service should check their position with Wageline rather than assume it either resets or is preserved.

MyLeave and How Western Australia Compares

Outside the general Act, Western Australia runs MyLeave, a portable long service leave scheme for the construction industry, letting registered construction workers carry service between different employers in the industry. WA's 10-year qualifying period and 8⅔-week entitlement matches New South Wales, Queensland and Tasmania, but its pro-rata rule from 7 years is the broadest of the group, reaching plain resignation as well as dismissal; contrast that with the narrower list of grounds in New South Wales long service leave and Queensland long service leave. Tasmania's Act, described on the Tasmania long service leave page, shares WA's stepped accrual structure but applies a narrower, more itemised list of early grounds. General enquiries about WA long service leave go to Wageline, part of the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS). 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 Western Australia under the Long Service Leave Act 1958 (WA), 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, industrial agreement or employment contract. For advice about a specific entitlement, contact Wageline or a legal practitioner admitted in Western Australia.