Pro Rata Long Service Leave. (a) If the employment of an employee ends before they have completed the first or further qualifying periods in accordance with subclause 39.1, payment in lieu of Long Service Leave proportionate to their length of service will not be made unless the employee:
(i) has completed a total of at least 3 years’ continuous service and their employment has been ended by their Employer for reasons other than serious misconduct; or
(ii) is not less than 55 years of age and resigns but only if the employee has completed a total of not less than 12 months’ continuous service prior to the day from which the resignation has effect; or
(iii) has completed a total of not less than 12 months’ continuous service and their employment has been ended by their Employer on account of incapacity due to old age, ill health or the result of an accident; or
(iv) dies after having served continuously for not less than 12 months before their death and leaves their spouse, children, parent or invalid brother or sister dependent on them, in which case the payment will be made to such spouse or other dependant.
Pro Rata Long Service Leave. (a) If the employment of an employee ends before he/she has completed the first or further qualifying periods in accordance with subclause (1) of this clause, payment in lieu of long service proportionate to his/her length of service will not be made unless the employee:
(i) has completed a total of at least three years continuous service and his/her employment has been ended by his/her Employer for reasons other than serious misconduct; or
(ii) is not less than 55 years of age and resigns but only if the employee has completed a total of not less than 12 months continuous service prior to the day from which the resignation has effect; or
(iii) has completed a total of not less than 12 months continuous service and his/her employment has been ended by his/her Employer on account of incapacity due to old age, ill health or the result of an accident; or
(iv) has completed a total of not less than three years continuous service and resigns because of her pregnancy and who produces at the time of resignation or termination certificate of such pregnancy and the expected date of birth from a legally qualified medical practitioner; or
(v) dies after having served continuously for not less than 12 months before his/her death and leaves his/her spouse, children, parent or invalid brother or sister dependent on him/her in which case the payment will be made to such a spouse or other dependant; or
(vi) has completed a total of not less than three years continuous service and resigns in order to enter an Invitro Fertilisation Programme provided she produces written confirmation from an appropriate medical authority of the dates of involvement in the programme.
Pro Rata Long Service Leave. In the case of an employee who has completed 7 years continuous service, but less than 10 years continuous service with the same employer, and whose service has been terminated -
Pro Rata Long Service Leave. The employee other than a casual may access the Long Service Leave entitlements in the Award (AP816514) on a pro rata basis after 7 years service.
Pro Rata Long Service Leave. Pro rata long service leave payments will apply to employees with one year or more service, based on completed months of service and must paid at the employee’s “ordinary rate of pay” as defined in Clause 16.1.
Pro Rata Long Service Leave. (a) When an Employee’s service is terminated for reasons other than misconduct, and the Employee has accrued at least three (3) years’ continuous service since their last entitlement to long service, the Employee will be entitled to receive payment for the pro rata portion of the Employee’s accrued long service leave.
(b) When an Employee aged fifty-five (55) years or over retires, the Employee will be paid pro rata accrued long service leave without the requirement to satisfy the provisions of paragraph (a) of this subclause.
Pro Rata Long Service Leave. An employee who has completed with RST at least five years service, and whose services are terminated by RST for any reason other than the employee’s serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, will be paid out their accrued long service leave at a pro-rata rate for each completed year of service in excess of 5 years.
Pro Rata Long Service Leave. (a) In the case of an employee who has completed 7 years continuous service, service with the same employer, and whose service has not been terminated by the employer for a cause other than serious misconduct, proportionate payment will be made.
(b) Where an employee dies, the amount which would have been payable to that employee had that employee retired or been dismissed on the date on which the employee actually died shall be paid to the employee's estate.
Pro Rata Long Service Leave. 36.3.1 LSL accumulates on a daily basis, but does not accrue until qualifying periods (as specified in clause 36.2.1) have been reached. However, Employees may take pro-rata accumulated LSL after seven years’ Continuous Service with the Employer in accordance with clause 36.4.
36.3.2 An Employee’s entitlement to LSL will reduce proportionate to any amount the Employee has accessed on a pro-rata basis.
Pro Rata Long Service Leave. Consistent with the New South Wales Long Service Leave Act, pro-rata Long Service Leave payments shall apply to employees with five (5) years or more service, based on completed months of service.
