11Payments in lieu of long service leave for employees with less than 10 years service

#### 11 Payments in lieu of long service leave for employees with less than 10 years service (1) This section provides that, in certain circumstances, SMEC 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 10. (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) Subject to subsection (7), if the employee stops being an employee of SMEC on or after the day on which his or her combined service period reaches 10 years, SMEC must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 13(2). (5) Subject to subsection (7), if: (a) the employee stops being an employee of SMEC, 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; SMEC must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 13(2). (6) Subject to subsection (7), if: (a) the employee stops being an employee of SMEC; and (b) SMEC is satisfied that the employee left SMEC 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; SMEC must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 13(2). (7) An employee may, by written notice given to SMEC before the employee stops being an employee of SMEC: (a) ask SMEC not to make a payment to the employee under this section; or (b) ask SMEC 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) SMEC must comply with a 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 11 of the Snowy Mountains Engineering Corporation Limited Sale Act 1993”.