Long Service Leave Act 2018

If an employee's employment ends (other than because of the employee's death) before the employee has taken all the long service leave to which the employee is entitled—

the employee is taken to have started long service leave on the day on which the employment ends; and

the full amount of the employee's long service leave entitlement, calculated as at the day on which the employment ends, is due and payable to the employee on that day.

The employer of an employee referred to in subsection (1) must pay the employee the full amount of the employee's long service leave entitlement.

The obligation imposed under subsection (2) to pay the employee's long service leave entitlement continues from the day on which the entitlement accrues under subsection (1)(b) until the employer has paid the full amount of the entitlement to the employee.

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.

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.