Long service leave (section 51 of Act—Schedule 1 clauses 7, 8 and 9)
24 Long service leave (section 51 of Act—Schedule 1 clauses 7, 8 and 9)
Long service leave may only be granted to an employee of a public sector agency on application made to the agency in a form approved by the agency.
Subject to any determinations of the Commissioner, long service leave is to be taken at times and for periods agreed on by the employee and public sector agency.
Every day occurring during a period of long service leave is (whether it is a working day or not) to be regarded as a day of that leave.
An employee may elect to take long service leave on half salary, and in that event—
the period of leave is to be twice the period to which the employee would otherwise have been entitled; and
the first half of the leave is to be taken to be on full pay;
and
the second half of the leave is to be taken to be leave without pay.
If an employee has been transferred to some other position in the public sector at a lower level of remuneration—
under section 77 of the repealed Public
Service Act 1967 or on the ground that the employee was unfit to discharge the employee's duties due to injury or illness under section 78 of that Act; or
under section 59, 60, 60A or 73A of the repealed
Government Management and Employment
Act 1985; or
under section 50, 51, 52 or 68 of the
Public Sector Management
Act 1995; or
under section 53(1)(a), (b) or (c) of the
Act, then, for the purposes of Schedule 1 clause 8 of the Act, additional salary equal to the difference between the salary to which the employee would have been entitled if the employee had continued to be employed at the higher level of remuneration and the salary appropriate to the employee's position during the long service leave will be payable to the employee for a part of the employee's long service leave proportionate to the
part of the employee's effective service up until when the employee ceased to be employed at the higher level of remuneration.
If an employee of a public sector agency who is entitled to long service leave dies or ceases for any reason to be an employee of the agency, then—
in the case of death—the employee's personal representative;
or
in the case of cessation of service for any other reason—the employee, must be paid, in addition to the amount payable under Schedule 1 clause 9 of the Act—
if the employee's service ceases during a year of service—a sum that bears to the salary or wages that would have been payable in respect of long service leave for that year of service if it had been completed the same proportion as the number of complete months served in that year bears to 12; and
the allowances (if any) determined by the
Commissioner.
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