## Governing law

For an employee working in Victoria, long service leave is ordinarily governed by the **Long Service Leave Act 2018 (Vic)**—a law of the **Victorian State Parliament**. The employer’s status as a national-system employer does not create a uniform Commonwealth long service leave rate.

Division 9 of the **Fair Work Act 2009 (Cth)** and the National Employment Standards recognise long service leave but generally preserve the applicable State or Territory scheme. They do not prescribe one national entitlement.

Under the Victorian Act, long service leave accrues at **one week for every 60 weeks of continuous employment**:

\[
\text{Long service leave in weeks}
=
\frac{\text{continuous employment in weeks}}{60}
\]

An employee can generally take accrued leave after **7 years’ continuous employment**. This is approximately:

- **6.07 weeks after 7 years**; or
- **8.67 weeks after 10 years**.

The Victorian Act’s rules determine continuous employment, ordinary pay and payment on termination.

Different rules may apply if the employee is covered by preserved award-derived long service leave terms, an applicable pre-Fair Work agreement, or a Victorian industry portable long service leave scheme. Subject to such an exception, the governing jurisdiction is **Victoria and the applicable law is Victorian State law**, not a single national long service leave standard.