Electricity Regulation 2006

This section applies if the transferred employee is entitled to payment by the former employer of an amount as cash equivalent for accrued leave (or a pro rata amount for leave not yet accrued).

Before the transfer day, the employee may, by written notice to the former employer, elect for payment not to be made to the employee and, instead, an equivalent amount of leave to be treated as leave accrued by the employee as an employee of the new employer or, for the pro rata amount, as service with the new employer.

The election may be for all or part of the payment.

On the making of the election, the former employer must pay the amount stated in the notice not to the employee but to the new employer and give the new employer a certificate of the amount of the leave, or service for which a pro rata amount would have been paid, to which the payment relates.

The new employer must treat the employee as having accrued the leave or, for the pro rata amount, having the service with the new employer.