9BLong service leave for employees with less than 10 years service

#### 9B Long service leave for employees with less than 10 years service (1) This section provides that, in certain circumstances, a Telstra body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act is less than 10 years. (2) This section applies in relation to a person who is an employee of Telstra immediately before the LSL changeover day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act is less than 10 years. (3) This section does not apply in relation to an employee who dies while in the employment of a Telstra body. Section 9D applies to such employees. (4) If the employee continues to be employed by a Telstra body on and after the LSL changeover day until his or her combined service period is at least 10 years, the Telstra body may grant the employee long service leave on full salary for a period of up to the employee’s long service leave credit under subsection 9E(1). (5) If: (a) the employee ceases to be an employee of a Telstra body, on or after reaching the minimum retirement age, or because of retrenchment; and (b) the employee’s combined service period at the time when he or she ceases to be an employee of the Telstra body is at least one year; the Telstra body may grant the employee long service leave on full salary for a period of up to the employee’s long service leave credit under subsection 9E(1). (6) If a period of long service leave may be granted to an employee under subsection (4) or (5), the Telstra body may, if the employee asks in writing, grant the employee long service leave on half salary for a period that is not more than twice the 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 ceases to be 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 9C of the Telstra Corporation Act 1991”.