Payment instead of long service leave
2A.1.10 Payment instead of long service leave
S. 2A.1.10 inserted by No. 7/2024 s. 11.
Despite anything in section 2A.1.9, if—
an on-going employee with service amounting to not less than 10 years resigns or is dismissed or has the employee's services dispensed with; or
a casual employee or a fixed term employee with service amounting to not less than 10 years resigns or for any reason other than age or ill-health has the employee's service terminated—
the Secretary, on the written application of the employee must, in lieu of long service leave with pay, grant the payment to the employee of a sum calculated by the Secretary in accordance with the Ministerial Order.
If the Ministerial Order does not provide for a calculation for the purposes of this section, the Secretary must pay a sum calculated by the Secretary which must not in such a case exceed a sum representing pay for service equal to one‑fortieth of the period of service.
No payment under subsection (1) is to be made for any part of the period of service in respect of which long service leave with pay or pay in lieu of leave has been taken by the employee.
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