Long Service Leave Act 1987

Subject to this section, a worker who is on long service leave is entitled to be paid at his or her ordinary weekly rate of pay.

Payment for a period of long service leave must be made in one of the following ways—

in advance for the whole period of leave; or

on the same days as payment of wages would have been made if the worker remained at work (in which case payment must, at the written request of the worker, be made by cheque posted to an address specified by the worker); or

in some other way agreed between the employer and the worker.

If a variation in a worker's rate of pay occurs while the worker is on leave, that variation must be reflected in the payment for the leave and if payment has been made in advance, the employer must, on the worker's return to work, make any adjustment necessary to give effect to the variation.

A payment in lieu of long service leave made under this Act by agreement with a worker—

will be calculated at the worker's ordinary weekly rate of pay applicable immediately before the payment is made (but not so as to include any amount representing the value of accommodation provided to the worker); and

must, if a variation in the worker's rate of pay occurs during the period from the date of the payment of a duration equal to the period of leave in lieu of which the payment is made, be followed by a further payment to the worker that reflects the variation in the rate of pay.

A payment in lieu of long service leave made under this Act on the termination of a worker's service—

will be calculated at the worker's ordinary weekly rate of pay applicable immediately before the termination; and

must be made to the worker immediately on the termination or, if the worker has died, to the personal representative of the worker on request.