Document ID: chunk:federal_register_of_legislation:C2018C00091:section:26:p2
Version: federal_register_of_legislation:C2018C00091
Segment Type: section
Provision Reference: s 26 (pt 2/4)
Character Range: 34856–37410

for a period of long service leave equal to the period of the employee's long service leave credit under subsection (3A) immediately before the employee ceases to be an employee as if salary were payable to the employee in respect of that period.
 (3) For the purposes of subsection (1), an employee's long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:
 (a) beginning when the employee started his or her period of service; and
 (b) ending immediately before 30 July 1995;
if it were assumed that the employee had been retrenched immediately before 30 July 1995.
 (3A) For the purposes of subsection (2), an employee's long service leave credit is the employee's long service leave credit worked out under subsection (3), reduced by any long service leave credit used under subsection (1).
 (4) Long service leave granted in the circumstances set out in paragraph (1)(b) or (c) is to be taken so as to expire immediately before the employee is to cease to be an employee.
 (5) If a period of long service leave may be granted to an employee under subsection (1), the employer may, at the request of the employee, grant the employee long service leave on half salary for a period not exceeding twice that first‑mentioned period.
 (6) Subsection (2) does not apply to an employee who, by written notice given to his or her employer before the employee ceases to be an employee, requests the employer not to make a payment to the employee under that subsection.
 (7) If an employee by written notice given to his or her employer before the employee ceases to be an employee, requests the employer to make a payment to him or her, on ceasing to be an employee, of a specified amount that is less than the amount that, apart from this subsection, would be payable to the employee under subsection (2), the employer must not make a payment of an amount greater than the specified amount.
 (8) If:
 (a) immediately before 30 July 1995, the period of service of an employee of the employer, for the purposes of the Long Service Leave Act, is less than 10 years; and
 (b) the employee dies and the employee's period of service with the employer before the employee's death is not less than one year;
the employer must authorise payment to a dependant of the employee of an amount equal to, or to 2 or more dependants of the employee of amounts aggregating, the amount that would have been payable to the employee under subsection (2) if the employee had, on the day on