Document ID: chunk:federal_register_of_legislation:C2011A00142:clause:1_39ac
Version: federal_register_of_legislation:C2011A00142
Segment Type: clause
Provision Reference: sch 1 cl 39AC
Character Range: 12544–13687

39AC  Payment for long service leave
 (1) If an eligible employee takes a period of long service leave, the employer must pay the employee for the long service leave no less than an amount that is equal to the base rate of pay (including incentive‑based payments and bonuses) that would have been payable to the employee during the period had the employee not taken the leave.
 (2) Subsection (1) 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.
 (3) In this section:
 (a) a reference to the base rate of pay payable to an employee is a reference to the employee's base rate of pay before any amounts are deducted under a salary sacrifice arrangement; and
 (b) a reference to an incentive‑based payment in relation to an employee is a reference to a payment of that kind that is paid to the employee at least once a month; and
 (c) a reference to a bonus in relation to an employee is a reference to a bonus that is paid to the employee at least once a month.