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INDUSTRIAL RELATIONS ACT 2016 - SECT 95

Entitlement—employees other than seasonal employees

95 Entitlement—employees other than seasonal employees

(1) This section applies to an employee, other than a seasonal employee.
Note—
For provisions applicable to seasonal employees, see subdivisions 7 and 8 .
(2) The employee is entitled to long service leave, on full pay, of—
(a) if the employee has completed 10 years continuous service—8.6667 weeks; and
(b) after 10 years service, if the employee has completed at least a further 5 years continuous service—a period that bears to 8.6667 weeks the proportion that the employee’s further period of continuous service bears to 10 years.
(3) An employee who has completed at least 7 years continuous service is entitled to a proportionate payment for long service leave on the termination of the employee’s service.
(4) However, if the employee’s service is terminated before the employee has completed 10 years continuous service, the employee is entitled to a proportionate payment only if—
(a) the employee’s service is terminated because of the employee’s death; or
(b) the employee terminates the service because of—
(i) the employee’s illness or incapacity; or
(ii) a domestic or other pressing necessity; or
(c) the termination is because the employer
(i) dismisses the employee for a reason other than the employee’s conduct, capacity or performance; or
(ii) unfairly dismisses the employee; or
(d) the termination is because of the passing of time and—
(i) the employee had a reasonable expectation that the employment with the employer would continue until the employee had completed at least 10 years continuous service; and
(ii) the employee was prepared to continue the employment with the employer.
(5) Long service leave is exclusive of a public holiday that falls during the period of the leave.
(6) An employee who is entitled to long service leave other than under this Act is entitled to leave that is at least as favourable as the entitlement under this section.
(7) In this section—

"proportionate payment" means a payment equal to the employee’s full pay for a period that represents the same proportion of 8.6667 weeks that the employee’s period of continuous service bears to 10 years.



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