Mining employees are people employed at a metalliferous mine.
Long service leave entitlements
A mining employee is entitled to 13 weeks of long service leave after each ten years of continuous employment.
Pro rata entitlements
Mining employees may be entitled to payment for pro rata long service leave on termination of employment after completing 5 but less than 10 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. See Pro rata long service leave.
How to calculate 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 in years (including part years) by 10 years and multiplying the result by 13 weeks.
Pro rata entitlement when a mining employee dies
A pro rata entitlement is calculated differently on the death of a mining employee. Two situations may exist.
- if the deceased had completed more than 5 years but less than 10 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
- if the deceased had already accrued an entitlement to long service leave at the time of death, the pro rata entitlement is calculated by adding:
- the payment of any outstanding accrued entitlement, and
- 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 situations, the amounts are paid to the estate of the deceased.