Public Sector Management Act 1994

This section applies if an officer is absent from work without permission for a continuous period of 4 weeks or more.

The head of service may give the officer a written notice telling the officer that the officer will be taken to have retired from the service 2 weeks from the day the notice was sent unless, within the 2-week period, the officer—

returns to work; or

explains the absence and asks the head of service for any further period of absence that may be necessary having regard to that explanation.

For how documents may be served, see the Legislation Act, pt 19.5.

The officer is taken to have retired from the service on the day after the end of the 2-week period unless the officer—

returns to work; or

explains the absence.

If the officer explains the absence and asks the head of service for a further period of absence, the head of service must—

as soon as practicable, consider the matter; and

tell the officer, in writing, that the officer—

is given leave for the period, including any conditions on the leave; or

must return to work within a stated period (of at least 2 weeks) or the officer will be taken to have retired from the service at the end of the stated period.

If an officer is required to return to work within a period stated under subsection (4) (b) (ii) and the officer does not return to work in the period, the officer is taken to have retired from the service on the day after the end of the period.