Q: I am just wanting some clarification About ACC.
We have a Client who has had an employee off on ACC since Feb 2023 and has still continued to accrue annual leave whilst being off. ( they have not been at work the whole year, and are still off to date)
If the Employee were to leave, What would their Final pay look like?
Currently, they have 22 days of outstanding annual leave and 19.5 days Accrued. Their Annual leave anniversary date is 01/03/2024
So my question would be if they were to leave would their final pay be just the outstanding annual leave amount at their Ordinary weekly pay as they have not earned anything from the last 52 weeks?
A: It is still calculated under Section 24 (termination) so the greater of AWE and OWP. AWE = 0 but OWP is based on the agreed week so that is where the employee could get value for leave based on what is in their employment agreement.
Q: They wouldn’t receive their Accrued leave however as that is 8% of gross earnings and as they have none it would just be what is outstanding?
So if they reached their next anniversary date 01/03/2024 then they would get paid for 44 days of annual leave not just 22?
A: Any entitlement paid out still goes into the 8% on termination so they will get the accrual.
Yes if they get to their next entitlement yes 44 days of entitlement paid out + 8%