Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p2
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 2/2)
Character Range: 1607005–1609148

of payment attributable to each period
 (1) Work out how much of an *unused long service leave payment is attributable to a period as follows:
 (a) for the *pre‑18/8/93 period or to the *post‑17/8/93 period—use the formula in subsection (2);
 (b) for the *pre‑16/8/78 period—subtract the sum of the amounts (if any) worked out for paragraph (a) for the other 2 periods from the total amount of the payment.
 (2) For the *pre‑18/8/93 period or the *post‑17/8/93 period, the formula is:
where:
total unused long service leave days means the total number of unused days of long service leave in the *long service leave employment period for the payment.
unused long service leave days in the relevant period means the number of unused days of long service leave in the *pre‑18/8/93 period or the *post‑17/8/93 period (as applicable), worked out under section 83‑100.
Note 1: For the meaning of unused days of long service leave, see section 83‑100.
Note 2: Section 83‑110 explains how to work out the period of unused long service leave if your employment was partly full‑time and partly part‑time during the period.

83‑100  How to work out unused days of long service leave for each period
 (1) The number of unused days of long service leave for each of the *pre‑16/8/78 period, the *pre‑18/8/93 period and the *post‑17/8/93 period is the number of days of long service leave that accrued to you during that period less the number of days of long service leave that you used in the period.

Exception if days used exceed days accrued in the pre‑18/8/93 period and the post‑17/8/93 period
 (2) To the extent that the number of days of long service leave that you used during the *pre‑18/8/93 period or the *post‑17/8/93 period exceeds the number of days of long service leave that accrued to you during the period, apply the excess days as shown in this table:

How to apply excess days
Item                      If there are excess days in this period:  Apply the excess days as follows:                                          If, after you apply the excess days as shown in column 2, excess days remain, apply the remaining days as follows: