New South Wales Consolidated Regulations

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Annual leave

29 Annual leave

(1) A government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency may elect:
(a) to be paid the whole or part of the money value of the employee's accrued annual leave, or
(b) to retain the entitlement to that accrued annual leave.
Note : The right to cash out leave is, in the case of a Public Service employee, subject to the award requirement to take 10 days of annual leave each year.
(2) A government sector employee who elects to retain the entitlement to accrued annual leave is taken to have, on commencing employment in the other government sector agency, the amount of accrued annual leave to which the employee was entitled immediately before the end of his or her previous employment. This leave is in addition to any annual leave which accrues after that commencement.
(3) For the purpose of calculating an entitlement under this clause, the money value of accrued annual leave owing to a Public Service senior executive is to be determined on the basis of the person's notional salary.
(4) In this clause:

"accrued annual leave" means annual leave owing to a government sector employee (but not taken), and includes any such leave accrued because of the operation of this clause.

"notional salary" , in relation to a Public Service senior executive, means the total amount of the remuneration package for the person as last determined before the time of payment, less the superannuation guarantee amount payable in respect of the person.

"superannuation guarantee amount" means the minimum amount payable to a superannuation fund or scheme in respect of a person that is sufficient to avoid an individual superannuation guarantee shortfall, within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, in respect of the person.

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