39C

Payment on cessation—general

Current

Payment to employee

(1)

If:

(a)

an employee ceases to be an eligible employee (other than by death); and

(b)

at the time of so ceasing, the employee has a period of untaken long service leave under this Part; and

(c)

at any time after so ceasing, the employee requests the employer, in writing, to make a payment under this section;

the employer must, within 30 days after the request is made, pay the employee no less than the amount that would have been payable to the employee under this Part had the employee taken that period of long service leave immediately before ceasing to be an eligible employee, less any amount previously paid to the employee under this section.

Payment to legal personal representative

(2)

If:

(a)

the employee dies without making a request under subsection (1) in respect of a period of untaken long service leave; and

(b)

at any time after the employee’s death, the employee’s legal personal representative requests the employer, in writing, to make a payment under this section;

the employer must, within 30 days after the request is made, pay the employee’s legal personal representative no less than the amount that would have been payable to the employee under subsection (1) as if the employee had made a request under that subsection in respect of all the untaken long service leave.

(3)

Subsections (1) and (2) are civil penalty provisions.

Note 1:

Part 7A provides for pecuniary penalties for contraventions of civil penalty provisions.

Note 2:

Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.

This Act’s bill:Explanatory memorandum Second reading speech

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