Transitional provision consequent on prohibition on cashing-in of accumulated sick leave in 1993
14 Transitional provision consequent on prohibition on cashing-in of accumulated sick leave in 1993
Section 27 does not affect the cashing-in of accumulated sick leave under an existing provision on termination of employment (whether by resignation, retirement, death or otherwise), but the maximum number of days (or other periods) of that leave that may be cashed-in is to be calculated as follows—
Step 1
Calculate the number of days (or other periods) of accumulated sick leave, as at the date of termination of employment, that the employee could cash-in in accordance with the existing provision as in force on that date.
Step 2
Calculate the number of days (or other periods) of accumulated sick leave, as at 15 February 1993, that the employee could have cashed-in if his or her employment had been terminated immediately before that date and all conditions in the existing provision that had to be satisfied before accumulated sick leave could be paid to the employee (for example, attaining a specified age or completing a specified period of employment) were satisfied.
The maximum number of days (or other periods) of accumulated leave that may be cashed-in is the lesser of the numbers calculated under step 1 and step 2.
An existing provision may be duly repealed or varied, but not so as to increase the number of days (or other periods) of accumulated sick leave that may be cashed-in.
Section 27 does not affect any payment made or due to an employee before 15 February 1993.
In this clause—
award means an award within the meaning of section 27.
existing provision means a provision of an award that allows or requires an employee to cash-in the employee’s accumulated sick leave on termination of employment (whether by resignation, retirement, death or otherwise), being a provision that commenced before 15 February 1993.
Note.
15 February 1993 is the date of commencement of section 99A of the 1991 Act—the predecessor of the above clause.
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