New South Wales Consolidated Regulations

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GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - SCHEDULE 1

SCHEDULE 1 – Public Service extended leave entitlements

(Clause 16)

Note : See clause 16 of the Regulation for provisions relating to the application of this Schedule.

1 Definition of "service"

(1) For the purposes of this Schedule,
"service" includes:
(a) in the case of a Public Service employee who has completed at least 10 years' service--any period of leave without pay, not exceeding 6 months, taken after 13 December 1963, and
(b) service occurring before 24 February 2014, including service of the kind referred to in paragraph (a).
Note : See also Schedule 2 as to the recognition of former service with certain Government agencies.
(2) Subject to clauses 2 (3) and 3 (3), for the purpose of determining whether or not a Public Service employee has completed at least 10 years' service, as referred to in subclause (1) (a), the employee's period of service is taken:
(a) to include any period of leave without pay taken before 13 December 1963, and
(b) to exclude any period of leave without pay taken after 13 December 1963.

2 Extended leave entitlements generally

(1) After service for 7 years or more but not more than 10 years, a Public Service employee is entitled to extended leave, proportionate to his or her length of service, calculated at the rate of:
(a) 2 months on full pay, or
(b) 4 months on half pay, or
(c) one month on double pay,
for 10 years served.
(2) After service for more than 10 years, a Public Service employee is entitled to extended leave under subclause (1) in respect of the first 10 years and additional extended leave, proportionate to his or her length of service, calculated at the rate of:
(a) 5 months on full pay, or
(b) 10 months on half pay, or
(c) 2.5 months on double pay,
for each 10 years served after the first 10 years.
(3) For the purposes of this clause,
"service" includes any period of leave without pay taken before 13 December 1963.

3 Entitlement to extended leave if employment terminated in special circumstances

(1) This clause applies to a Public Service employee with at least 5 years' service but less than 7 years' service whose services are terminated:
(a) by the employee for reasons of illness, incapacity or domestic or other pressing necessity, or
(b) by the employer for reasons other than for misconduct.
(2) The Public Service employee is entitled to:
(a) for 5 years' service--one month's leave on full pay, and
(b) for further service in excess of 5 years--additional leave proportionate to the employee's length of service (up to but not including 7 years), calculated at the rate of 3 months' leave for 15 years' service.
(3) For the purposes of this clause,
"service" does not include any period of leave without pay, whether taken before, on or after 13 December 1963.

4 Payment of accrued leave on termination of employment

(1) If a Public Service employee has acquired a right to extended leave and his or her services are terminated, the employee may not take the extended leave but is instead to be paid the money value of the extended leave.
(2) Any pension to which any such Public Service employee is entitled under the Superannuation Act 1916 commences from and including the date on which the employee's extended leave, if taken, would have commenced.

5 Leave to be paid out to dependants in cases of death

(1) If a Public Service employee has acquired a right to extended leave and dies before starting it, or after starting it dies before completing it:
(a) the employee's spouse, or
(b) if there is no such spouse, the employee's children, or
(c) if there is no such spouse or child, the person who, in the opinion of the agency head, was, at the time of the employee's death, a dependent relative of the employee,
is entitled to receive the money value of the extended leave not taken or not completed.
(2) If a Public Service employee with at least 5 years' service but less than 7 years' service dies:
(a) the employee's spouse, or
(b) if there is no such spouse, the employee's children, or
(c) if there is no such spouse or child, the person who, in the opinion of the agency head, was, at the time of the employee's death, a dependent relative of the employee,
is entitled to receive the money value of the extended leave that would have accrued to the employee had his or her services terminated as referred to in clause 3 (1).
(3) If there is a guardian of any child referred to in subclause (1) (b) or (2) (b), the payment to which the child is entitled may be made to the child's guardian for the child's maintenance, education and advancement.
(4) If:
(a) no person is entitled to receive a payment under subclause (1) or (2), or
(b) it appears to the agency head that more than one person is entitled as a spouse to a payment under subclause (1) or (2),
the payment must instead be made to the employee's personal representatives.
(5) Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.
(6) In this clause,
"spouse" of a Public Service employee includes a de facto partner of the employee at the time of his or her death.
Note :
"De facto partner" is defined in section 21C of the Interpretation Act 1987 .

6 Calculation of money value of extended leave

For the purpose of calculating the amount of an entitlement under this Schedule, the money value of extended leave accrued or payable to a Public Service senior executive is to be determined on the basis of the persons's notional salary within the meaning of clause 29 (Annual leave) of this Regulation.

7 Certain periods to be disregarded

Any period during which a Public Service employee is not employed, as referred to in clause 3 (2) of Schedule 2, is to be disregarded for the purpose of calculating his or her extended leave entitlement.

8 Leave entitlement reduced by leave already taken or paid out

(1) The following amounts of extended leave are to be deducted from a Public Service employee's extended leave entitlement:
(a) for each period of extended leave taken on full pay--the number of days (or parts of a day) so taken,
(b) for each period of extended leave taken on half pay--half the number of days (or parts of a day) so taken,
(c) for each period of extended leave taken on double pay--twice the number of days (or parts of a day) so taken,
(d) for each period of extended leave in respect of which the employee has been paid the money value--the number of days of extended leave on full pay that is equivalent to the money paid.
(2) If a public holiday occurs while a Public Service employee is taking extended leave, the amount of extended leave to be deducted is to be reduced by the length of the holiday (one day or half a day, as the case requires).
(3) In subclause (2),
"public holiday" means any special or public holiday for which the Public Service employee is entitled to payment.

9 Extended leave may be postponed for employees not employed in ongoing employment

If, in the case of a Public Service employee who is not employed in ongoing employment, the period of extended leave to which the employee is entitled under this Schedule exceeds the period for which the employee is employed in the Public Service, the balance of the period of extended leave may be taken during subsequent periods of employment in the Public Service, but only if each subsequent period of employment commences on the termination of a previous period of employment in the Public Service.



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