Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 20

20. (1) Where a period of long service leave is granted under section 16 or 17
to a category A employee on full salary, salary is payable to the employee in
respect of any part of the leave-

   (a)  if the employee has been employed in a full-time capacity throughout
        his period of service-at the rate that is his current rate of salary
        in respect of that part of the leave;

   (b)  if the employee has been employed in a part-time capacity throughout
        his period of service and there has been no change during that period
        in the number of hours per week for which the employee has, by the
        terms of his employment, been required to render service-at the rate
        per week at which salary would be payable to him in respect of that
        part of the leave if he were not absent on long service leave but were
        continuing to render service for that number of hours per week in the
        capacity in which he was employed on the relevant day; or

   (c)  if the employee has been employed in a part-time capacity throughout
        his period of service but there has been a change during that period
        in the number of hours per week for which he was required by the terms
        of his employment to render service-at the rate per week ascertained
        by multiplying the relevant rate per hour in respect of that part of
        the leave by a number equal to the prescribed average number of hours
        of his service.

(2) Where a period of long service leave on full salary is granted under
section 16 or 17 to a category B employee who is employed in a full-time
capacity on the relevant day-

   (a)  salary is payable to the employee in respect of any part of that leave
        that is granted to him in relation to his full-time service-at the
        rate that is his current rate of salary in respect of that part of the
        leave; and

   (b)  salary is payable to him in respect of any part of that leave that is
        granted to him in relation to his part-time service-at a weekly rate,
        being the lesser of-

        (i)    the rate that is his current rate of salary per week in respect
               of that part of the leave; and

        (ii)   the rate per week ascertained in accordance with the formula-

ab
--
c

where-

a is the rate that is his current rate of salary per week in respect of that
part of the leave;

b is the prescribed average number of hours of his service; and

c is the number of hours of service that he was, on the relevant day, required
by the terms of his employment to render during a week.

(3) Where a period of long service leave on full salary is granted under
section 16 or 17 to a category B employee who is employed in a part-time
capacity on the relevant day-

   (a)  salary is payable to him in respect of any part of the leave that is
        granted to him in relation to his full-time service-at the rate at
        which salary would be payable to him in respect of that part of the
        leave if he were not on long service leave but were rendering
        full-time service in the capacity in which he was employed on the
        relevant day; and

   (b)  salary is payable to him in respect of any part of the leave that is
        granted in relation to his part-time service-at the rate per week
        ascertained by multiplying his relevant rate per hour in respect of
        that part of the leave by a number equal to the
        prescribed average number of hours of his service.

(4) In this section-

''current rate of salary'', in relation to a part of a period of long
service leave that is granted to an employee, means the rate at which salary
would be payable to him in respect of that part of the leave if he were not
absent on long service leave but were continuing to be employed in the
capacity in which he was employed on the relevant day;

''prescribed average number of hours'' means-

   (a)  in relation to a category A employee who is granted a period of long
        service leave-

        (i)    his average number of hours of employment per week during the
               relevant period; or

        (ii)   if the employee satisfies the approving authority that his
               average number of hours of employment per week during the
               relevant period is less than his average number of hours of
               employment per week during his period of service-that last-
               mentioned average number of hours; and

   (b)  in relation to a category B employee who is granted a period of long
        service leave-

        (i)    his average number of hours of employment per week during the
               relevant period; or

        (ii)   if the employee satisfies the approving authority that his
               average number of hours of employment per week during the
               relevant period is less than his average number of hours of
               employment per week throughout his period or periods of
               employment in a part-time capacity included in his period of
               service-that last-mentioned average number of hours;

''relevant day'', in relation to an employee who has been granted long
service leave, means the day immediately preceding the day on which that leave
commences;

''relevant period'' means-

   (a)  in relation to a category A employee who has been granted a period of
        long service leave, the 12 months of his period of service ending on
        the day before the day on which the leave commences; and

   (b)  in relation to a category B employee who has been granted a period of
        long service leave-

        (i)    the period of, or the periods aggregating, 12 months during
               which he was last employed in a part-time capacity before the
               day on which the leave commences; or

        (ii)   if he has not been employed in a part-time capacity for 12
               months-the period or periods during which he has been employed
               in a
part-time capacity;

''relevant rate per hour'', in relation to a part of a period of long
service leave that has been granted to an employee who was employed in a
part-time capacity on the relevant day, means the rate per hour at which
salary would be payable to him in respect of that part of the leave if he were
not absent on long service leave but were continuing to render part-time
service in the capacity in which he was employed on the relevant day.