Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If an employee who is entitled to long service leave under this Act dies before or while taking that leave his employer, unless he has paid to the employee, in advance, a sum equal to the amount of his ordinary pay in respect of the period of that leave, shall pay to the employee's personal representatives a sum equal to the amount of ordinary pay that would have been payable to the employee in respect of the period of long service leave not taken by the employee, less any amount already paid to the employee in respect of any long service leave not taken by him.
(2) Where an employee who is not a mining employee dies while he is still in the continuous employment of an employer after having completed –
(a) more than 15 years' continuous employment with that employer, the employer shall, in addition to any sum payable under subsection (1), pay to the employee's personal representatives, in respect of the period of that continuous employment that is after the last accrual of entitlement to long service leave under section 8(2)(a), a sum equal to the amount of his ordinary pay for a period equalling 1/60th of the first-mentioned period; or
(b) at least 7 years', but less than 15 years', continuous employment with that employer, the employer shall pay to the employee's personal representatives a sum equal to the amount of the employee's ordinary pay for a period equalling 1/60th of the period of his continuous employment.
(3) Where a mining employee dies while he is still in the continuous employment of an employer after having completed –
(a) more than 10 years' continuous employment with that employer, the employer shall, in addition to any sum payable under subsection (1), pay to the employee's personal representatives, in respect of the period of that continuous employment that is after the last accrual of entitlement to long service leave under section 8A(2)(a), a sum equal to the amount of his ordinary pay for a period equalling 1/40th of the first-mentioned period; or
(b) at least 5 years', but less than 10 years', continuous employment with that employer, the employer shall pay to the employee's personal representatives a sum equal to the amount of the employee's ordinary pay for a period equalling 1/40th of the period of his continuous employment.