17Payments in lieu of long service leave for employees with less than 10 years service

17 Payments in lieu of long service leave for employees with less than 10 years service

(1) This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16. (2) This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years. (3) This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees. (4) Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2). (5) Subject to subsection (7), if: (a) the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and (b) at that time the employee’s combined service period is at least one year; the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2). (6) Subject to subsection (7), if: (a) the employee stops being an employee of a CSL body; and (b) the CSL body is satisfied that the employee left the CSL body because of ill‑health that justified his or her so leaving; and (c) when the employee left, his or her combined service period was at least one year; the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2). (7) An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body: (a) ask the CSL body not to make a payment to the employee under this section; or (b) ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection. (8) The CSL body must comply with the request made under subsection (7). (9) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if: (a) that section applied to the employee; and (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 17 of the CSL Sale Act 1993”.