Document ID: chunk:federal_register_of_legislation:C2011A00142:clause:1_39cc
Version: federal_register_of_legislation:C2011A00142
Segment Type: clause
Provision Reference: sch 1 cl 39CC
Character Range: 26570–28038

39CC  Payment on death
 (1) This section applies if:
 (a) an eligible employee dies; and
 (b) at the time of the employee's death, either of the following apply:
 (i) the employee has a period of untaken long service leave under this Part;
 (ii) the employee has completed a period, or periods, of qualifying service in respect of which the employee is not entitled to long service leave under this Part; and
 (c) at any time after the employee's death, the employee's legal personal representative requests the employer, in writing, to make a payment under this section.
 (2) The employer must, within 30 days after the request is made, pay the employee's legal personal representative no less than:
 (a) if subparagraph (1)(b)(i) applies—the amount that would have been payable to the employee under this Part had the employee taken all the untaken long service leave immediately before the employee died; and
 (b) if subparagraph (1)(b)(ii) applies—the amount that would have been payable to the employee under this Part had the employee:
 (i) been entitled to long service leave for the period, or periods, of qualifying service; and
 (ii) taken all that long service leave immediately before the employee died.
 (3) Subsection (2) is a civil penalty provision.
Note 1: Part 7A provides for pecuniary penalties for contraventions of civil penalty provisions.
Note 2: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.