What happens if employment ends before leave is taken?
9 What happens if employment ends before leave is taken?
S. 9(1) substituted by No. 14/2021 s. 75.
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.
S. 9(2) substituted by No. 14/2021 s. 75.
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.
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.
S. 9(3) inserted by No. 14/2021 s. 75.
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.
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