Payment of cash equivalent of long service leave
198 Payment of cash equivalent of long service leave
This section applies if, on the day an employee’s employment ends (the last day), the employee is entitled to a period of long service leave.
The employer must make a payment instead of granting the employee the period of long service leave.
The amount of the payment is an amount equal to the amount that would have been paid to the employee if the employee had, on the last day, taken all long service leave to which the employee was entitled on the last day.
If the employee has not died, the employer must pay the amount to the employee on the last day.
If the employee has died, the employer must pay the amount as soon as is practicable—
to the persons (if any) who, the employer is satisfied, are completely or substantially dependent on the earnings of the employee; or
in other cases—to the employee’s personal representative.
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