Long service leave for part-time employees in New South Wales
NSW Industrial Relations treats part-time workers as entitled to long service leave, including those whose hours vary, and counts service that mixes full-time, part-time and casual work with one employer. In NSW IR's view, how ordinary pay is worked out after hours or status have changed turns on how the worker is paid on the prescribed date, not on earlier arrangements. Each rule here is NSW Industrial Relations' reading of the Act, drawn from its own guidance, rather than settled law.
- By Book Keeping Pros
- Sources checked 15 Oct 2026
The rules in New South Wales
| What it is | Value | When it applies | Where it is set |
|---|---|---|---|
| Part-time workers, including those with varying hours, are entitled to long service leave | Yes | As published on 2 March 2026 | 3.1 Step 1: Determine if the person is a worker, page 7 |
| Service mixing full-time, part-time and casual work with one employer counts | Yes | As published on 13 October 2026 | 24. What if a worker's employment type changes during their service period? |
| In NSW IR's view, what decides how ordinary pay is worked out when hours or status changed | Only how the worker is paid on the prescribed date | As published on 2 March 2026 | 6.2 Methods of calculating ordinary pay, page 25 |
| Years of pay averaged and compared with current pay for a worker on a set rate | 5 years | As published on 21 April 2026 | Change in employment status, question 21 |
| Part-time workers paid ordinary rates for extra hours count as variable hours workers | Yes | As published on 13 October 2026 | 32. Who are workers with variable hours? |
| Ordinary pay for a worker paid both a part-time and a casual rate, with varying pay | The higher of average weekly wages over the previous year and over the previous five years | As published on 21 April 2026 | Change in employment status, question 23 |
Each rule is read from the source and provision shown; the sources are listed below. Checked 15 Oct 2026.
What it means for your books
- A dated history of each change between full-time, part-time and casual work lets the books show a worker's whole service with the employer. It also shows how the worker was paid on the prescribed date, which in NSW IR's view decides how ordinary pay is worked out.
- NSW Industrial Relations counts a part-time worker paid ordinary rates for extra hours as a worker with variable hours. Recording contracted hours and extra hours separately, with the rate paid for each, shows when extra hours were paid at ordinary rates.
- For a worker on a set rate, NSW Industrial Relations compares current pay with average pay over the period in the table, so weekly pay records need to reach back at least that far.
- Where a worker has been paid both a part-time and a casual rate and their pay varies, its webinar answers use the higher of average weekly wages over the periods the table names. Weekly totals split by rate keep both averages within reach, and whether a rule applies to a particular worker is a question for your accountant or NSW Industrial Relations.
General information
Sources
- Long Service Leave Guide (NSW), March 2026
NSW Industrial Relations. First published March 2026, released 2 March 2026. Checked 15 October 2026.
© State of New South Wales 2026 Licence: All rights reserved, State of New South Wales.
- Long service leave
NSW Industrial Relations. Page modified 13 October 2026 (dcterms.modified metadata), released 13 October 2026. Checked 15 October 2026.
© State of New South Wales, licensed under CC BY 4.0 Licence: CC BY 4.0.
- Long service leave webinar, 4 March 2026: questions and answers
NSW Industrial Relations. Answers to the 4 March 2026 webinar, released 21 April 2026. Checked 15 October 2026.
© State of New South Wales, licensed under CC BY 4.0 Licence: CC BY 4.0.
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