At a glance (Summary)
- State & territory based: Long Service Leave (LSL) is primarily governed by state/territory legislation, so qualifying periods, accrual and pro‑rata rules differ by jurisdiction.
- Awards/EAs: A modern award or enterprise agreement (EA) may specify different LSL entitlements or refer back to legislation. The most beneficial minimum applies.
- Eligibility: LSL generally requires a lengthy period of continuous service with the same employer (commonly 7 or 10 years), with pro‑rata entitlements in some circumstances when employment ends earlier.
- Portable schemes: Some industries/jurisdictions operate portable LSL (entitlements follow you within the industry).
- NES transitional: The Fair Work Act doesn’t create a single national LSL entitlement; a transitional NES provision preserves LSL from certain pre‑modernised awards. Otherwise, state/territory laws apply.
This is general information, not legal advice. See “Need more help?” below.