Income Tax Assessment Act 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-40 - RULES AFFECTING EMPLOYEES AND OTHER TAXPAYERS RECEIVING PAYG WITHHOLDING PAYMENTS  

Division 83 - Other payments on termination of employment  

Subdivision 83-B - Unused long service leave payments  

Employment wholly full-time or wholly part-time

SECTION 83-100   How to work out unused days of long service leave for each period  

83-100(1)    
The number of unused days of long service leave for each of the *pre-16/8/78 period, the *pre-18/8/93 period and the *post-17/8/93 period is the number of days of long service leave that accrued to you during that period less the number of days of long service leave that you used in the period.

Exception if days used exceed days accrued in the pre-18/8/93 period and the post-17/8/93 period

83-100(2)    
To the extent that the number of days of long service leave that you used during the *pre-18/8/93 period or the *post-17/8/93 period exceeds the number of days of long service leave that accrued to you during the period, apply the excess days as shown in this table:

How to apply excess days
Item	If there are excess days in this period:	Apply the excess days as follows:	If, after you apply the excess days as shown in column 2, excess days remain, apply the remaining days as follows:
1	* pre-18/8/93 period	Subtract the excess days from the unused days in the * post-17/8/93 period	Subtract the excess days from the unused days in the * pre-16/8/78 period
2	* post-17/8/93 period	Subtract the excess days from the unused days in the * pre-18/8/93 period	Subtract the excess days from the unused days in the * pre-16/8/78 period

83-100(3)    
The number of unused days of long service leave in each period is the number of days after applying the table.

Note:

Section 83-115 explains how to work out the number of days of long service leave you are taken to have used if you took long service leave at less than the full pay rate.