52Pro rata payments instead of long service leave in limited circumstances

52 Pro rata payments instead of long service leave in limited circumstances

52 Pro rata payments instead of long service leave in limited circumstances

(1) Except as provided by this section, a registered worker must not be paid an amount instead of long service leave.

(2) A registered worker who has 1,825 days of recognised service may apply to the Corporation for a pro rata payment instead of long service leave.

(3) The Corporation may grant an application if the Corporation is satisfied—

(a) the worker has permanently ceased doing community service work, and

(b) 10 weeks, or a shorter period prescribed by the regulations, have passed since the day on which the worker permanently ceased doing community service work, and

(c) the worker has not been credited with service in the workers register for any days in the 10-week period or the shorter period prescribed under paragraph (b).

(4) The Corporation may also grant an application in circumstances prescribed by the regulations.

(5) If the Corporation grants an application, the worker is entitled to a pro rata payment instead of long service leave for the number of weeks of long service leave calculated in accordance with this part.

(6) A deceased worker’s personal representative may apply to the Corporation under subsection (2) on behalf of the deceased worker.