What is to happen if the employee dies before leave is taken?
10 What is to happen if the employee dies before leave is taken?
If an employee dies before taking all the long service leave to which the employee is entitled, the employee's employer must pay to the employee's personal representative the full amount of the long service leave entitlement still owed to the employee.
Penalty: In the case of a natural person, 12 penalty units for each day during which the offence continues;
In the case of a body corporate, 60 penalty units for each day during which the offence continues.
Note
Section 43 applies to an offence against this subsection.
If, in relation to a prosecution of an offence against this section, the employer alleges that the length of the employee's period of continuous employment with the employer is wrong in the charge‑sheet, the employer bears the onus of proving the allegation.
For the purposes of calculating the amount to be paid under this section—
the ordinary pay of the employee is the amount the employee was entitled to receive as at the time of the employee's death for working the employee's normal weekly hours at the employee's ordinary rate of pay; and
any average that needs to be taken for the purposes of section 15 or 16 is to be taken over the 52 weeks immediately before the employee's death.
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