Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if an employee's employment is terminated by the employee or employer.
(2) If the employee has not taken all the annual leave the employee is entitled to, the employee is presumed to have taken the leave from the day the termination takes effect (the termination day).
(3) The employer must immediately pay the employee for the annual leave not taken, including any public holiday that falls in the period the employee is presumed to have taken the leave.
(4) If the employee has been employed for any period of less than 1 year, the employer must pay the employee proportionate annual leave for the period.
(5) The employer must pay the employee at least the ordinary rate being paid to the employee immediately before the termination day, unless an industrial instrument states otherwise.