Payment by former employer to new employer towards long service leave entitlements not accrued on transfer
181 Payment by former employer to new employer towards long service leave entitlements not accrued on transfer
This section applies if—
at the transfer day, the transferred employee did not have accrued long service leave entitlements; and
the employee later accrues a long service leave entitlement by counting service with the former employer as service with the new employer.
If asked by the new employer, the former employer must pay the new employer an amount for the long service leave entitlements that would have accrued to the former employee because of the employee’s service with the former employer had there been no limit on the employee’s period of service before the leave entitlement accrued.
The amount is the amount the employee would have been paid by the former employer if the employee had, immediately before the transfer day, taken the proportion of the leave accrued relating to the service up to the transfer day.
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