39CCPayment on death

39CC Payment on death

(1) This section applies if: (a) an eligible employee dies; and (b) at the time of the employee’s death, either of the following apply: (i) the employee has a period of untaken long service leave under this Part; (ii) the employee has completed a period, or periods, of qualifying service in respect of which the employee is not entitled to long service leave under this Part; and (c) at any time after the employee’s death, the employee’s legal personal representative requests the employer, in writing, to make a payment under this section. (2) The employer must, within 30 days after the request is made, pay the employee’s legal personal representative no less than: (a) if subparagraph (1)(b)(i) applies—the amount that would have been payable to the employee under this Part had the employee taken all the untaken long service leave immediately before the employee died; and (b) if subparagraph (1)(b)(ii) applies—the amount that would have been payable to the employee under this Part had the employee: (i) been entitled to long service leave for the period, or periods, of qualifying service; and (ii) taken all that long service leave immediately before the employee died.

Civil penalty: 60 penalty units.

Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.