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Get Started ≫Redundancy pay: Australia vs United States
Statutory redundancy pay in Australia and the US, side by side, with the primary source for every figure.
Australia: 4 to 16 weeks' base pay by tenure after a year's service, but the scale drops to 12 weeks at 10+ years, and small businesses under 15 staff are exempt. United States: None. Severance is a matter of contract or company policy; the WARN Act mandates notice, not payment.
Australia vs United States, side by side
| Australia | United States | |
|---|---|---|
| The rule | 4 to 16 weeks' base pay by tenure after a year's service, but the scale drops to 12 weeks at 10+ years, and small businesses under 15 staff are exempt. | None. Severance is a matter of contract or company policy; the WARN Act mandates notice, not payment. |
| At 1 year | 4 weeks | No statutory scale |
| At 5 years | 10 weeks | No statutory scale |
| At 10 years | 12 weeks | No statutory scale |
| Key numbers | Range: 4 to 16 weeks' base pay; At 10+ years: 12 weeks (the scale steps down); Qualifying service: 12 months | Federal statutory severance: None; WARN liability for missed notice: Up to 60 days' back pay and benefits |
Australia
NES redundancy pay starts at 4 weeks after one year and peaks at 16 weeks at 9 years, then steps down to 12 weeks at 10 or more, a quirk carried over from the 2004 Redundancy Case. It is paid at the base rate, on top of notice. Employers with fewer than 15 employees pay nothing under the NES, though some industry awards override that.
- Range4 to 16 weeks' base pay
- At 10+ years12 weeks (the scale steps down)
- Qualifying service12 months
- Small business exemptionFewer than 15 employees
| Length of service | Entitlement |
|---|---|
| 1 to under 2 years | 4 weeks |
| 2 to under 3 years | 6 weeks |
| 3 to under 4 years | 7 weeks |
| 4 to under 5 years | 8 weeks |
| 5 to under 6 years | 10 weeks |
| 6 to under 7 years | 11 weeks |
| 7 to under 8 years | 13 weeks |
| 8 to under 9 years | 14 weeks |
| 9 to under 10 years | 16 weeks |
| 10 years or more | 12 weeks |
- Frequently misquoted as '16 weeks at 10+ years'; the drop to 12 is real.
- Building, coal and some other industry awards run their own schemes over the top.
Source: Fair Work Ombudsman (NES, Fair Work Act s.119). Checked July 2026.
United States
The Fair Labor Standards Act has no severance requirement, and the Department of Labor says so in exactly those terms. Severance in the US comes from employment agreements, severance plans (enforceable under ERISA once promised) or collective agreements. WARN's teeth are back pay for missing notice, up to 60 days, not a severance formula.
- Federal statutory severanceNone
- WARN liability for missed noticeUp to 60 days' back pay and benefits
- 'Two weeks per year of service' is common US practice, but it is policy, not law.
- New Jersey's mini-WARN is the notable state exception, mandating severance for large layoffs.
Source: US Department of Labor (FLSA position, current). Checked July 2026.
Hiring in both markets?
Put a full number on each side with the true-cost calculators: True cost of an employee (Australia) and True cost of an employee (US). The complete six-market picture is on the Redundancy pay by country page.
Sources
Every figure on this page comes from the government source for its market.
| Market | Source | Rule / effective | Verified |
|---|---|---|---|
| Australia | Fair Work Ombudsman | NES, Fair Work Act s.119 | Checked July 2026 |
| United States | US Department of Labor | FLSA position, current | Checked July 2026 |
Comparing entitlements is the easy half of hiring across markets. The hard half is whether the person you hire in Sydney, Singapore or Seattle will actually work out, and that risk looks the same in every jurisdiction. Compono matches candidates on how they work, not just what the CV claims, so the hires behind these numbers hold up wherever you make them.
See how it worksCommon questions
What is the rule on redundancy pay in Australia?
4 to 16 weeks' base pay by tenure after a year's service, but the scale drops to 12 weeks at 10+ years, and small businesses under 15 staff are exempt. NES redundancy pay starts at 4 weeks after one year and peaks at 16 weeks at 9 years, then steps down to 12 weeks at 10 or more, a quirk carried over from the 2004 Redundancy Case.
What is the rule on redundancy pay in the US?
None. Severance is a matter of contract or company policy; the WARN Act mandates notice, not payment. The Fair Labor Standards Act has no severance requirement, and the Department of Labor says so in exactly those terms.
Where can I check the source figures?
The sources section below links the Australia and the US government pages every figure on this page was verified against in July 2026.
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