80   Incumbent officers—accrued leave

(1988 Act, s 42V)

(1)  A person who:

(a)  was engaged in the public sector when appointed to an executive position, and

(b)  had a right to accrued extended or annual leave with pay immediately before that appointment, and

(c)  has not taken that leave before taking up duties in the executive position,

      is entitled, on taking up those duties, to be paid instead of that leave (or any part of that leave) the money value of that leave (or part) as a gratuity if the person so elects.

(2)  An election under this section is to be made within the time and in the manner determined by the Minister.

(3)  The money value of leave is to be calculated at the rate of pay of the person immediately before appointment to the executive position.

(4)  A person who was engaged in the public sector when appointed to an executive position retains any right to extended, annual, sick or other leave accrued or accruing to the person immediately before the appointment (except any accrued leave which is paid out by a gratuity under subsection (1)).

(5)  A reference in this section to an engagement in the public sector has the same meaning as it has for the purposes of section 78.