I guess it depends on the laws of the state. These are the Victorian laws:
An employee ceasing employment after at least seven years of continuous employment with one employer is entitled to be paid long service leave at the accrual rate of one week for each sixty weeks of continuous employment, regardless of the reason for termination of the employment.
Termination of Employment


  • On the day that employment ends an employee with at least seven years of continuous service with one employer is entitled to receive, in full, payment for any long service leave not taken;
  • This will apply whether the employee has resigned, has had their employment terminated by the employer, has been made redundant, or has died, and regardless of the number of staff the business employs.