Common use of Pro Rata Long Service Leave Clause in Contracts

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.

Appears in 4 contracts

Samples: Industrial Agreement, Industrial Agreement, Industrial Agreement

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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 clause43.1, payment in lieu of long service proportionate to his/her length of service will not be made unless the employee: (ia) has completed a total of at least three (3) years continuous service and his/her employment has been ended by his/her Employer employer for reasons other than serious misconduct; or (iib) is not less than 55 years of age and resigns but only if the employee has completed a total of not less than 12 twelve (12) months continuous service prior to the day from which the resignation has effect; or (iiic) has completed a total of not less than 12 twelve (12) months continuous service and his/her employment has been ended by his/her Employer employer on account of incapacity due to old age, ill health or the result of an accident; or (ivd) has completed a total of not less than three years (3) years’ continuous service services 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 (ve) dies after having served continuously for not less than 12 twelve (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 (vif) has completed a total of not less than three (3) years continuous service and resigns in order to enter an Invitro Fertilisation Programme provided she the employee produces written confirmation from an appropriate medical authority of the dates of involvement in the programme.

Appears in 1 contract

Samples: Industrial Agreement

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 (3) 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 twelve (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 twelve (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 (3) 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 twelve (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 shall be made to such a spouse or other dependant; or (vi) has completed a total of not less than three (3) 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.

Appears in 1 contract

Samples: Wa Health Industrial Agreement 2010

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 (3) 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 twelve (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 twelve (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 (3) years’ continuous service services 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 twelve (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 dependantdependent; or (vi) has completed a total of not less than three (3) 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.

Appears in 1 contract

Samples: Industrial Agreement

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) 38.1 above, of this clausethese conditions, 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 (3) years continuous service and his/her employment has been ended by his/her Employer 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 twelve (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 twelve (12) months continuous service and his/her employment has been ended by his/her Employer 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 (3) years’ continuous service services and resigns or whose services are terminated because of her pregnancy after 1 April 1974 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 twelve (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 dependantdependent; or (vi) has completed a total of not less than three (3) 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.

Appears in 1 contract

Samples: Wa Health Lhmu Support Workers Industrial Agreement 2007

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Pro Rata Long Service Leave. (a) If the employment of an employee ends before he/she has they have 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 their 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 their employment has been ended by his/her the 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 their employment has been ended by his/her the 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 their 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 their death and leaves his/her spousetheir Spouse, children, parent or invalid brother or sister sibling dependent on him/her them in which case the payment will be made to such a spouse Spouse or other dependantDependant; 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 they produce written confirmation from an appropriate medical authority of the dates of involvement in the programme.

Appears in 1 contract

Samples: Industrial Agreement

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) sub-clause 43.1 of this clause, payment in lieu of long service proportionate to his/her length of service will not be made unless the employee: (i) 43.11.1 has completed a total of at least three (3) years continuous service and his/her employment has been ended by his/her Employer for reasons other than serious misconduct; or (ii) 43.11.2 is not less than 55 years of age and resigns but only if the employee has completed a total of not less than 12 twelve (12) months continuous service prior to the day from which the resignation has effect; or (iii) 43.11.3 has completed a total of not less than 12 twelve (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 43.11.4 as completed a total of not less than three years (3) years’ continuous service services 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) 43.11.5 dies after having served continuously for not less than 12 twelve (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 dependantdependent; or (vi) 43.11.6 has completed a total of not less than three (3) years continuous service and resigns in order to enter an Invitro Fertilisation Programme provided she the employee produces written confirmation from an appropriate medical authority of the dates of involvement in the programme.

Appears in 1 contract

Samples: Industrial Agreement

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