Deadlines · OSH Code
Leave wages when someone leaves
- When someone leaves: within 2 days
- Employer
- Set by the Code itself; the Central Rules add nothing on this
What to do
When a worker is discharged or dismissed, quits, is superannuated or dies during the calendar year, pay wages in lieu of the leave they were entitled to, even if they had not yet worked the period needed to take it s. 32(1)(vi).
Who it applies to
Every worker employed in an establishment is entitled to leave with wages on the conditions in the Code s. 32(1). Under the OSH Code an establishment is a place in which ten or more workers are employed s. 2(1)(v).
In the checklist: OSH Code establishment.
When
Before the expiry of the second working day after discharge, dismissal or quitting, and within two months of superannuation or death s. 32(1)(vi)(a)–(b).
How
If the worker dies, the leave wages go to their heir or nominee s. 32(1)(vi).