How long service leave can be taken

Comprehensive Guide to the Victorian Long Service Leave Act 2018

Download the Long Service Leave Act 2018 Comprehensive Guide (PDF 984.63 KB)

To quickly locate the information you are looking for within the Guide, click on a heading in the table of contents and you will jump directly to the related content section. 

Entitlement to take LSL

Directing employees to take LSL

Taking LSL in advance

Taking LSL at half pay

An employee can request to take a period of LSL for twice as long as the period to which they are entitled, at half their ordinary pay.

If an employee makes a request to take their LSL in this way, the employer must grant the request unless the employer has 'reasonable business grounds' for refusing the request.

On the other hand, an employee cannot take half of their leave entitlement at double the rate of pay. See ‘Cashing out LSL prohibited’ below.

Example – Jane has accrued leave

Jane has 13 weeks accrued leave and can request to take a 26 week break at half pay. However, Jane isn't permitted to take half the leave at double pay.

Cashing out LSL prohibited

An employee cannot 'cash out' their LSL.

It is an offence under the LSL Act 2018 to give or receive payment instead of the employee actually taking the break from work.

An employee can only receive payment instead of taking LSL if their employment ends before the leave is actually taken.

The penalty for this offence is 12 penalty units for a natural person and 60 penalty units for body corporate. If an employer or employee is found guilty of this offence, a criminal conviction may also be recorded.

Need further assistance?

Looking for further assistance and advice about long service leave? Email Wage Inspectorate Victoria or call 1800 287 287.

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