In Western Australia, the Long Service Leave Act 1958 (WA) asks one question about how your job ended: were you dismissed for serious misconduct? If not, a proportionate payment is made from 7 years of continuous employment, whether you resigned, retired or were made redundant (s 8(3)). If you were, the Act holds back the part that has not fully accrued.
8⅔ weeks
of long service leave after 10 years of continuous employment, with pro rata from 7 years
Serious misconduct: the one reason that changes the payout
Section 8(3) covers death and then one catch-all for every other ending: in any circumstances other than by the employer for serious misconduct
(s 8(3)(a)–(b)). In plain terms, it pays on death or any ending except dismissal for serious misconduct. The full text is in the Long Service Leave Act 1958.
If the dismissal is for serious misconduct
An employee who is dismissed for serious misconduct is only entitled to be paid for any part of a last fully accrued entitlement
(Private Sector Labour Relations)
Two things follow. Before the qualifying point, a worker dismissed for serious misconduct gets no proportionate payment. After it, the worker keeps the last complete entitlement they have not yet taken, but loses the part built up since. Whether conduct is serious misconduct is decided on the facts, and the employer has to prove it, as the government's guide, Long service leave: what is the entitlement when employment ends, explains. Who decides a dispute is set out at the end of this page.
Below the threshold nothing turns on the reason: there is no payment before 7 years (Private Sector Labour Relations).
Worked example: resigning after 8 years, 4 months and 5 days
The government's page works this case. Riley resigns after 8 years, 4 months and 5 days of continuous employment. Resigning is not dismissal for serious misconduct, so the proportionate payment applies, and the government puts it at 7.24 weeks (Private Sector Labour Relations).
Put dates on it: Riley started on 1 January 2015 and the last day was 6 May 2023. The calculator on this page counts the completed years, then the days since the last anniversary as a share of that year, and gives 7.23 weeks (our arithmetic: 8⅔ weeks × (completed years from 1 January 2015 to 6 May 2023 + days from 1 January 2023 to 6 May 2023 ÷ days from 1 January 2023 to 1 January 2024) ÷ 10 years = 7.23 weeks): one hundredth below the government's figure, which rounds at a different step. If Riley's ordinary pay were $1,720.00 a week, the estimate on those weeks is $12,435.84 (our arithmetic: 8⅔ weeks × (completed years from 1 January 2015 to 6 May 2023 + days from 1 January 2023 to 6 May 2023 ÷ days from 1 January 2023 to 1 January 2024) ÷ 10 years × $1,720.00 = $12,435.84). Had Riley been dismissed for serious misconduct on the same day, nothing would be payable under section 8(3) on those facts.
NSW and Queensland treat a resignation in this band very differently; the comparison is on our pro rata page.
Full leave at 10 years, then further blocks
Section 8(2) gives 8⅔ weeks for the first 10 years, then 4⅓ weeks for each further 5 years (s 8(2)(b)). When employment ends after the qualifying point, the payment is the full amount, paid the day employment ends (s 9(2)–(2A)). Section 9(2A) puts it in these words: the employer must pay the full amount to which the employee is entitled in respect of the leave
(s 9(2)–(2A)).
Worked example: made redundant after 12 years
Lee is made redundant after 12 years of continuous employment, having taken no long service leave. The government's example puts the payment at 10⅖ weeks (Private Sector Labour Relations). That is the first block in full plus the part of the next block Lee has served.
On ordinary pay of $1,850.00 a week, the payment due on the last day is $19,240.00 (our arithmetic: 10⅖ weeks × $1,850.00 = $19,240.00).
Change one fact: Lee is dismissed for serious misconduct instead. The part of the next block is then lost, and only the last fully accrued entitlement not yet taken, 8⅔ weeks, is payable.
Cashing out by written agreement
Western Australia lets you swap leave for money while you stay, but only on the terms in section 5: a signed written agreement once the leave has accrued (s 5(1)–(3)). The section starts with these words: An employer and an employee may agree that the employee may forgo the employee’s entitlement, or part of the employee’s entitlement, to long service leave
(s 5(1)–(3)).
- The leave must already have accrued: an agreement made before then has no effect.
- The agreement must be in writing and signed by both the employer and the employee.
- The benefit must be adequate, which means at least the ordinary pay you would have received for the leave.
The Act makes cashing out a matter of agreement, so neither side can impose it on the other.
Taking the leave
In WA the worker sets the pace where the two of you have not agreed when the leave is taken. The employer cannot then refuse leave from an entitlement more than 12 months old, taken at a time that suits the worker (s 9(1a)). The leave starts on at least 2 weeks' notice from the employee (s 9(1a)–(1b)).
- Leave in advance. The employer may allow leave before it accrues, by agreement (s 10(1)).
- Half pay or double pay. The worker may ask for twice the period at half pay, or half at double pay (s 9(1C)–(1D)).
- Public holidays. You get an extra day for each public holiday that falls in your leave, so it does not shorten your break (s 9(4)).
Continuous employment, casuals and hours
If the employer ends your employment and takes you back, service stays continuous on re-employment within 2 months, or 6 for slackness of trade (s 6(4)). Time on the job right to the end counts too: the government's guide includes hours worked in a notice period (Private Sector Labour Relations).
Casuals are inside the Act from the start, because its definition of an employee includes casual and seasonal employees (s 4(1)). Where hours vary, section 7(2) uses average weekly hours worked over the period (s 7(2)). The rules for casual engagements across the states are on our casual and part-time page.
Ordinary pay
Section 7(1) pays leave as pay for normal weekly hours at the ordinary time rate, and section 7A leaves out shift premiums, overtime, penalty rates and allowances (s 7A). Pay rises before the leave starts are picked up, because the rate is the one applying when the leave begins.
Who the Act covers
The WA Act is not limited to state-system employers. The government says it covers private sector employees in the state and national systems (Private Sector Labour Relations). Whether a federal award or agreement takes its place is a separate question, covered in our national overview.
Complaints, the magistrate and the official calculator
If leave was not paid, a worker can make an underpayment complaint to Private Sector Labour Relations. The government's guide, Steps to making an underpayment complaint, sets out how and points to Wageline for help. A dispute about rights under the Act goes to an industrial magistrate's court (s 11(1)).
To compare a result with the government's, use the WA long service leave calculators (Private Sector Labour Relations). Both calculators on that page are for employment that is ending.
The Long Service Leave Act 1958 on the WA legislation site is the official version as at 31 January 2025.
A portable scheme may also apply: MyLeave, for construction workers on site (MyLeave). See portable long service leave.
Sources
- Long Service Leave Act 1958, Government of Western Australia (Parliamentary Counsel). Checked .
- Long service leave: what is the entitlement when employment ends, Government of Western Australia (Private Sector Labour Relations). Checked .
- Coverage of the Long Service Leave Act, Government of Western Australia (Private Sector Labour Relations). Checked .
- Steps to making an underpayment complaint, Government of Western Australia (Private Sector Labour Relations). Checked .
- WA long service leave calculator, Government of Western Australia (Private Sector Labour Relations). Checked .
- MyLeave: Construction Long Service WA, Government of Western Australia (Private Sector Labour Relations). Checked .