Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 73

What is to happen if the employee dies before leave is taken

73. What is to happen if the employee dies before leave is taken



(1) If an employee dies before taking all the long service leave to which he
or she is entitled, the employee's employer must pay to the employee's
personal representative the full amount of the long service leave entitlement
still owed to the employee (if any).

Penalty: 20 penalty units.

(2) An employee's long service leave entitlement under this section includes
any entitlement that accrued as a result of the employee's death ending the
employee's employment.

(3) For the purposes of calculating the amount to be paid under this section-

   (a)  the ordinary pay of the employee is the amount the employee was
        entitled to receive as at the time of his or her death for working his
        or her normal weekly hours at his or her ordinary rate of pay;

   (b)  any average that needs to be taken for the purposes of section 64 is
        to be taken over the 12 months immediately before the employee's
        death.