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Long service leave

An interpreting service is available and we have translated long service leave information in 8 languages.

Victoria's long service leave laws

Long service leave is a long-standing entitlement for Australian employees.

Most Victorian workers qualify for long service leave if they have worked continuously with one employer for at least 7 years. This applies to work that is:

  • full time
  • part time
  • casual
  • seasonal
  • fixed term.

Long service leave accrues at a rate of one week for every 60 weeks of continuous service – that's about 0.866 of a week each year.

Employers must keep long service leave records and provide them to current or former employees on request. Business Victoria has information to help businesses maintain good staff records.

If an employee remains with a business after it has been sold or ownership has transferred, their years of service still count towards accrual of long service leave and the new owner becomes responsible for any existing entitlement.

Watch our short video about Victoria's long service leave laws.

Online learning module

Our online learning module can help you understand Victoria’s long service leave laws.

Absences from work

For an employee to become entitled to long service leave, their employment with the employer must be continuous. However, some types of leave and absences from work do not break continuous employment for long service leave purposes, including parental leave and leave due to illness or injury.

Check your long service leave eligibility

This tool is a guide to help you determine whether you are eligible for long service leave under the Victorian Long Service Leave Act 2018. It does not provide a definitive answer. 

Have you worked in Victoria for at least 7 years with the same employer?

Calculate your accrued long service leave

You can get an estimate of how much long service leave you have accrued using the calculator on Business Victoria’s website. The calculator provides an indicative calculation – businesses should check with their own experts to calculate long service leave accruals that take into account all the relevant circumstances.

Claim your long service leave

  • the number 1

    Ask the employer to pay your entitlement

    If you believe you are owed a long service leave entitlement under the Act, you should ask the employer to pay your entitlement.

    If your employer does not pay and you believe your claim is under $20,000, you can make a claim in the Industrial Division of the Magistrates' Court of Victoria. Before making a claim to the Magistrates' Court, you must give or send the employer a written letter of demand for the money owed.

    You can find out more information about the Magistrates' Court Industrial Division and how to complete a letter of demand on the Magistrates' Court website.

  • the number 2

    Collect information

    If you think your employer has broken the law and you want to make a report to the Wage Inspectorate, collect the following information about your employment, such as:

    - employment contract or other documentation given to you at the start of your employment

    - payslips

    - income statements (these are available through the myGov website or app)

    - timesheets or records of hours worked

    - documents that show when your employment ended, for example a letter of resignation or letter of termination

    - other documents such as copies of emails or other correspondence.

  • the number 3

    Make a report

    You can report the employer to the Wage Inspectorate online.

    Once you have submitted your report, we will provide you with more information within five days.

  • the number 4

    Report assessed

    Your report will be assessed, and a decision will be made on whether it is referred for investigation.

  • the number 5

    Investigation

    If we commence an investigation, one of our officers may request a statement from you and compel the employer to provide information to us. Investigations can take time. We will help you through the process and keep you updated on the investigation's progress.

  • the number 6

    Outcome

    Our staff will let you know the outcome of the investigation, which may include:

    - no further action being taken

    - a warning being issued to the employer

    - a criminal prosecution.

Frequently asked questions

Comprehensive guide

Refer to our Comprehensive Guide to the Long Service Leave Act 2018 for more detailed information, including examples of how the law applies and formulas for calculating long service leave.

Our role

At the Wage Inspectorate we investigate reports about businesses withholding long service leave and answer general enquiries about long service leave.

Ask a question or report a business

Use our online form to:

  • report a business you suspect of breaking long service leave rules
  • ask a question about long service leave
  • submit additional documents for an existing report.

Ask a question or make a report

You can also ask a question or make a report by calling us on 1800 287 287.

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