South Australian Consolidated Acts South Australian Consolidated Acts8—Payment in respect of long service leave
(1) Subject to this
section, a worker who is on long service leave is entitled to be paid at his
or her ordinary weekly rate of pay.
(2) Payment for a
period of long service leave must be made in one of the following ways—
(a) in
advance for the whole period of leave; or
(b) on
the same days as payment of wages would have been made if the worker remained
at work (in which case payment must, at the written request of the worker, be
made by cheque posted to an address specified by the worker); or
(c) in
some other way agreed between the employer and the worker.
(3) If a variation in
a worker's rate of pay occurs while the worker is on leave, that variation
must be reflected in the payment for the leave and if payment has been made in
advance, the employer must, on the worker's return to work, make any
adjustment necessary to give effect to the variation.
(3a) A payment in lieu
of long service leave made under this Act by agreement with a worker—
(a) will
be calculated at the worker's ordinary weekly rate of pay applicable
immediately before the payment is made (but not so as to include any amount
representing the value of accommodation provided to the worker); and
(b)
must, if a variation in the worker's rate of pay occurs during the period from
the date of the payment of a duration equal to the period of leave in lieu of
which the payment is made, be followed by a further payment to the worker that
reflects the variation in the rate of pay.
(4) A payment in lieu
of long service leave made under this Act on the termination of a worker's
service—
(a) will
be calculated at the worker's ordinary weekly rate of pay applicable
immediately before the termination; and
(b) must
be made to the worker immediately on the termination or, if the worker has
died, to the personal representative of the worker on request.