Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where leave is
paid leave, payment is to be made at the rate the employee would have received
as his or her payment at the time the leave is taken under the
employer-employee agreement, award or contract of employment.
(2) If the number of
hours for which an employee is entitled to be paid for a period of leave
cannot be determined under subsection (1), the total number of hours
worked under the employer-employee agreement, award or contract of
employment in the 52 weeks immediately before the time the leave is taken are
to be averaged as hours worked each week for the purpose of payment for the
leave.
(3) Payment for
overtime, penalty rates or any kind of allowance is not required to be taken
into account in determining any rate of payment for the purposes of this
section.
(4) Matters in
relation to payment for leave under this Part or Part 5 may be prescribed
by the regulations.
[Section 18 amended by No. 20 of 2002
s. 22(7); amended in Gazette 15 Aug 2003 p. 3688.]
[Heading amended by No. 36 of 2006 s. 30.]