Section 2(1) and 2A
Mining employees are persons employed at a metalliferous mine (see definitions).
Long service leave entitlements
Unlike other employees covered by the Long Service Leave Act 1976, a mining employee is entitled to thirteen weeks of long service leave after each ten years of 'continuous employment'. Apart from the differences in the amount of leave the concepts of 'continuous employment' are the same for all employees under the Long Service Leave Act 1976. The meaning of 'continuous employment' is explained in the section - 'Continuous Employment'.
Pro rata long service leave
Section 8A(2)(b), (3) & (3A)
Mining employees may be entitled to payment for pro rata long service leave on termination of employment after completing five but less than ten years 'continuous employment'. Apart from the differences in qualifying periods, the concepts of pro rata leave are the same for all employees under the Long Service Leave Act 1976. For information on pro rata long service leave refer to the section - 'Pro Rata Long Service Leave'.
Calculation of pro rata entitlement
A pro rata long service leave entitlement for a mining employee is calculated by dividing the employee's period of 'continuous employment' by ten years and multiplying the result by thirteen weeks. This is illustrated in the following example:
What is the pro rata entitlement of a mining employee who, having been continuously employed for eight years, resigns because of a need to provide full time care for an aged parent, and is eligible for payment of pro rata long service leave on termination?
The calculation is as follows:
8 years x 13 weeks = 10.40 weeks
Calculation on the death of a mining employee
A pro rata entitlement is calculated differently on the death of a mining employee. Two situations may exist. In the first situation, if the deceased had completed more than five years but less than ten years of continuous employment, the pro rata entitlement is an amount equal to 1/40th of the deceased employee's ordinary pay for the period of 'continuous employment'.
The second situation will occur if the deceased had already accred an entitlement to long service leave at the time of death. In this situation the pro rata entitlement is calculated by adding both:
- the payment of any outstanding accrued entitlement
- an amount equal to 1/40th of the deceased employee's ordinary pay for the period of 'continuous employment' which occurred after the last accrual of an entitlement to long service leave.
In both of these situations amounts are payable to the personal representatives of the deceased.