Public Sector Regulations 2025

The determinations of the Commissioner under Schedule 1 clause 1 of the Act must include arrangements under which an employee of a public sector agency—

may be granted up to 15 days leave with pay in a

12 month period for special purposes; and

has an entitlement to be granted accrued sick leave as family carer's leave as required by the employee up to a maximum of 10 days in a 12 month period; and

has an entitlement to be granted a specified amount of leave with pay on the grounds of giving birth to a child or taking custody of an adopted child; and

has an entitlement to be granted leave without pay as required by the employee to enable the employee to be on leave for up to a specified maximum period to undertake the care of a young child not of school age of whom the employee is a parent or is exercising parental responsibilities.

The determinations of the Commissioner may include conditions, limitations and exceptions in relation to leave entitlements or granting of leave, including, without limitation, for any of the following purposes:

specifying application and other processes (including presentation of relevant supporting documentation) relating to the granting of leave;

specifying the purposes for which, and the circumstances in which, leave may be granted;

providing for the circumstances in which leave for special purposes, rather than sick leave, may be granted as family carer's leave;

requiring a minimum period of continuous service before an employee becomes entitled to be granted leave;

if both parents of a child are public sector employees, limiting the circumstances in which leave may be taken concurrently by those employees, or requiring aggregation of their entitlements to leave, for the purposes of undertaking the care of the child;

preventing a period of leave without pay extending past the end of the term of a contract of a term employee;

excluding casual employees from entitlements.

The following provisions apply in relation to part‑time employment:

an employee engaged in part‑time employment is required to attend at the employee's place of employment as determined by the agency rather than throughout the hours fixed as ordinary business hours in relation to the agency;

the Commissioner's determinations may include—

provisions for pro rata adjustments to entitlements to leave, remuneration during periods of leave, or the calculation of service for the accrual of leave entitlements or the taking of leave, to accommodate

part‑time employment;

in relation to the taking of long service leave by an employee whose effective service includes part‑time employment, an arrangement under which the employee may nominate whether the adjustments are to apply so as to affect the remuneration to be paid during the leave, the period of the leave or both the remuneration and the period.