Common use of Cashing out of Personal Leave Clause in Contracts

Cashing out of Personal Leave. 18.8.1 An Employee may have their accrued personal leave cashed out in accordance with the following provisions: (a) If s/he retires, is made redundant or dies. In the case of death, the Employee’s legal representative will be paid an amount equivalent to the Employee’s unused accumulated sick leave entitlement; (b) resigns after 5 continuous years of service; (c) has their employment terminated after 5 continuous years of service; (d) is accepted by their superannuation fund as totally or permanently disabled; the Employee will be paid an amount equivalent to the Employee’s unused accumulated sick leave entitlement. 18.8.2 Where an Employee has accumulated in excess of 28 days unused personal leave, they may elect to receive payment for any amount of personal leave in excess of 28 days provided they do so between 1 July and 31 July each year. In cases of hardship, employees may apply at any time on a case by case basis. 18.8.3 Any personal leave cashed out in accordance with 18.8.1 will be paid at clause 11 - Rates of Pay where a day of personal leave is 8 hours.