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

#### 10 Long service leave for employees with less than 10 years service (1) This section provides that, in certain circumstances, SMEC may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years. (2) This section applies in relation to a person who was an employee of SMEC 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 SMEC by dying. Section 12 covers those employees. (4) If, from and after the sale day, the employee continues to be employed by SMEC until his or her combined service period is at least 10 years, SMEC may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 13(1). (5) If: (a) the employee is to stop being an employee of SMEC 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 is to stop being an employee of SMEC is at least one year; SMEC may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 13(1). (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), SMEC may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice that first‑mentioned period. (7) Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee. (8) 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 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 10 of the Snowy Mountains Engineering Corporation Limited Sale Act 1993”.