Long Service Leave ACT

Your Entitlement, 7-Year Pro-Rata and Payout 

Last updated September 2026
Reviewed by the Australian Unions policy team, September 2026

When unions help workers in the ACT with long service leave claims, the most difficult part is often working out which set of rules applies. That’s where many workers lose out.  

Long service leave in the ACT at a glance 

Employees are entitled to long service leave after an extended period of service with an employer. Your specific entitlements to long service leave will be determined by state or territory long service leave legislation, or (if you are covered by a pre-reform award) by the National Employment Standards under the Fair Work Act. 

This factsheet specifically covers long service leave entitlements for workers in the Australian Capital Territory (ACT), including those in the private sector, Commonwealth public service, and portable schemes. These rules will apply unless you are covered by a federal pre-modern award. An enterprise agreement can also provide more generous long service leave entitlements. 

For information on long service leave in other states and territories, please visit our main Long Service Leave page.  

Which long service leave rules apply to you in the ACT? 

In the ACT, your long service leave entitlements depend on your employment type and sector. It’s crucial to understand which legislation covers you to ensure you receive your correct entitlements. 

ACT private-sector employees 

Most private-sector employees in the ACT are covered by the Long Service Leave Act 1976 (ACT). This legislation outlines your entitlements and is enforced through WorkSafe ACT. 

Commonwealth public servants 

Federal public servants working in Canberra are covered by the Long Service Leave (Commonwealth Employees) Act 1976. This means the ACT’s private-sector long service leave laws do not apply to them, and they should refer to Commonwealth-specific guidelines, often administered by the Australian Public Service Commission (APSC). 

Portable-scheme workers 

Workers in specific industries in the ACT may be covered by portable long service leave schemes through ACT Leave. These schemes allow long service leave to accrue even if you change employers within the same industry. This primarily applies to workers in construction, cleaning, the community sector, and the security industry. From January 2027, the Services Industry Scheme will expand to include hairdressing and beauty services and food and accommodation services. 

How much long service leave do you get in the ACT? 

The amount of long service leave you accrue and when you can take it varies significantly based on your employment. 

The ACT private-sector entitlement 

Under the Long Service Leave Act 1976 (ACT), eligible private-sector employees are generally entitled to 6.0667 weeks of paid long service leave after 7 years of continuous service. After 7 years, you continue to accrue an additional 1/5 of a month of long service  for each subsequent year of service. Pro-rata payment may also be available after a qualifying period of 5 years. 

The Commonwealth public-servant entitlement 

Commonwealth public servants covered by the Long Service Leave (Commonwealth Employees) Act 1976 are generally entitled to 3 months (13 weeks) of paid long service leave after 10 years of continuous service. They then accrue an additional 9 calendar days each year thereafter.  

Pro-rata and when it applies 

Pro-rata long service leave refers to a partial payment of your entitlement if your employment ends before you qualify for the full leave period. 

For ACT private-sector employees, if you have completed at least 5 years of continuous service but less than 7 years, you may also be entitled to a pro-rata long service leave payout if your employment ends for one of the following reasons:  

• You resign because of illness or incapacity, or a domestic or other pressing necessity 

• You choose to retire* 

• Your employer ends your employment, for a reason other than serious and wilful misconduct. 

• Your employment ends because of your death;  

*To access pro-rata long service leave paid out at retirement between 5 and 7 years of service, you will need to have reached the minimum retiring age. 

For Commonwealth public servants, pro-rata long service leave is may be available after 1 year of continuous service if your employment ends, subject to certain conditions. 

One Canberra worker shared their story with us:

“I thought I’d lost all my long service leave when my small business closed down after six years, but my union helped me realise I was still entitled to a pro-rata payout under the ACT Act. It made a huge difference.”

How long service leave is calculated in the ACT 

For private sector workers in the ACT, long service leave is generally calculated based on your ordinary remuneration.  

The weekly pay rate (private sector) 

The payment for your long service leave is typically based on your ordinary weekly rate of pay (not including overtime, penalty rates or loadings.  

• If you work part-time or casual, long service leave is calculated by multiplying your average weekly hours for the last 12 months, by your ordinary weekly rate of pay.   

• If you worked full-time, and your hours of work have changed in the last 2 years, your long service leave is calculated by adding the previous 5 years salary and dividing the total by 5.    

Worked ACT example 

ACT vs other states 

These are the minimum entitlements under each state and territory Act. A modern award, enterprise agreement or pre-modern award can give you more. If you work in South Australia, ask your union to confirm your exact entitlement. If you are unsure which set of rules applies to you, read our national long service leave factsheet or ask your union to check your service record before you resign. 

Portable long service leave in the ACT (ACT Leave) 

The ACT offers unusually broad portable long service leave schemes through ACT Leave, designed for industries where workers frequently move between employers. These schemes cover building and construction, contract cleaning, the community sector, and the security industry. From January 2027, the Services Industry Scheme will expand to include hairdressing and beauty services and food and accommodation services.  

Instead of accruing leave with a single employer, your long service leave accrues across all registered employers within these industries, ensuring your entitlement follows you throughout your career. 

If you work in one of these sectors, you may already be registered with ACT Leave. You can check your registration status or inquire about joining by contacting ACT Leave directly or speaking with your union. 

What counts as continuous service 

Continuous service is the period of time you have worked for an employer or in an industry that qualifies you for long service leave. Understanding what counts as continuous service, and what breaks continuous service is important when calculating your long service leave entitlement. 

Leave, absences and business sales 

Your continuous employment for long service leave purposes is generally not broken by periods such as approved paid absences (e.g., annual leave and long service leave),  2 weeks of sick leave each year, an interruption in your service if it was caused by your employer trying to avoid a long service leave entitlement. These periods will normally count towards your continuous service. 

When long service leave is paid out 

If your employment ends and you have an accrued long service leave entitlement, any untaken long service leave must be paid out as part of your final pay. This includes situations where you resign, are made redundant, or are dismissed.   

If you have completed at least 5 years of continuous service but less than 7 years, you may also be entitled to a pro-rata long service leave payout if your employment ends for one of the following reasons:  

• You resign because of illness or incapacity, or a domestic or other pressing necessity 

• You choose to retire* 

• Your employer ends your employment, for a reason other than serious and wilful misconduct. 

• Your employment ends because of your death;  

*To access pro-rata long service leave paid out at retirement between 5 and 7 years of service, you will need to have reached the minimum retiring age. 

What to do if your ACT long service leave is wrong 

If you believe your long service leave calculation or entitlement is incorrect, follow these steps to address the issue. 

Step 1: Work out which regime covers you 

Refer back to the “Which long service leave rules apply to you in the ACT?” section above to confirm whether you are covered by the ACT private-sector Act, Commonwealth Public Service Act, or an ACT Leave portable scheme. 

Step 2: Confirm your continuous service dates 

Gather precise records of your start date, any breaks in service (paid or unpaid leave, layoffs), and the date your employment ended (if applicable). This information is crucial for an accurate calculation. 

Step 3: Calculate what you are owed 

Use the relevant entitlement rules and your weekly pay rate to perform a short calculation of your estimated long service leave. This will give you a benchmark. 

Step 4: Raise it in writing 

 Send a clear, simple email to your employer stating your concerns and providing your calculation. Keep a copy for your records. 

 For example: “I believe there may be an error in my long service leave calculation. My records indicate X years of continuous service. Based on this, I calculate an entitlement of Y weeks/dollars. Could you please review this?” 

Step 5: Get your union involved 

Your union is always the best source of information about your rights at work. Reach out to your union if you need specific information or support.  

Frequently asked questions

Think your long service leave is wrong? Your union can help

Don’t let your hard-earned long service leave go unpaid. Just like the member in Geelong who narrowly missed out, many Victorian workers are unaware of their full entitlements. If you suspect your long service leave calculation is incorrect, or you’re owed a payout, your union can provide expert advice and representation. We’ll help you understand your rights, deal with your employer, and chase what you’re owed. Join your union today for support. 

Go deeper

• Long Service Leave (National)
• Long Service Leave NSW
• Long Service Leave Victoria
• Long Service Leave QLD
• Long Service Leave SA
• Final Pay
• Casual workers
• The National Employment Standards

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