37Long service leave for employees with less than 10 years service

37 Long service leave for employees with less than 10 years service

(1) This section applies in relation to a person: (a) who became a transferred employee of the industry services body on the transfer day; and (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day was less than 10 years. (2) This section does not apply in relation to an employee who dies. (3) If the employee continues to be employed by the industry services body until his or her combined service period is at least 10 years, the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1). (4) If: (a) the employee stops being an employee of the industry services body on or after reaching the minimum retiring age, or because of retrenchment; and (b) the employee’s combined service period at the time when he or she stops being an employee of the industry services body is at least one year; the industry services body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 40(1). (5) If a period of long service leave may be granted to an employee under subsection (3) or (4), the industry services body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period. (6) Long service leave granted in the circumstances set out in subsection (4) must be taken so as to end immediately before the employee stops being an employee. (7) 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 apply to the employee under section 20 of the Long Service Leave Act if: (a) that section applied to the employee; and (b) for the expression “section 16 or 17” in that section there were substituted the expression “section 37 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.