Schedule 3 Extended leave entitlements for officers and temporary employees in the Public Service
(Section 55)
(1) For the purposes of this Schedule, service includes:(a) in the case of an officer or temporary 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 the commencement of this Schedule, including service of the kind referred to in paragraph (a).Note. See also Schedule 3A 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 an officer or temporary employee has completed at least 10 years’ service, as referred to in subclause (1) (a), the officer’s or temporary 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.Note. 13 December 1963 was the date of assent to the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.
2 Leave entitlements generally
(1) After service for 7 years or more but not more than 10 years, an officer or temporary 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, an officer or temporary 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 leave if employment terminated in special circumstances
(1) This clause applies to an officer or temporary employee with at least 5 years’ service but less than 7 years’ service whose services are terminated:(a) by the officer or temporary employee, for reasons of illness, incapacity or domestic or other pressing necessity, or(b) by the Crown, the Governor or the appropriate Department Head, for reasons other than the officer’s or temporary employee’s serious and intentional misconduct.(2) The officer or temporary 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 officer’s or temporary 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 an officer or temporary employee has acquired a right to extended leave and his or her services are terminated, the officer or temporary 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 officer or temporary employee is entitled under the Superannuation Act 1916 commences from and including the date on which the officer’s or temporary employee’s extended leave, if taken, would have commenced.
5 Leave to be paid out to dependants in cases of death
(1) If an officer or temporary employee has acquired a right to extended leave and dies before starting it, or after starting it dies before completing it:(a) the officer’s or temporary employee’s spouse, or(b) if there is no such spouse, the officer’s or temporary employee’s children, or(c) if there is no such spouse or child, the person who, in the opinion of the appropriate Department Head, was, at the time of the officer’s or temporary employee’s death, a dependent relative of the officer or temporary employee,is entitled to receive the money value of the extended leave not taken or not completed.(2) If an officer or temporary employee with at least 5 years’ service but less than 7 years’ service dies:(a) the officer’s or temporary employee’s spouse, or(b) if there is no such spouse, the officer’s or temporary employee’s children, or(c) if there is no such spouse or child, the person who, in the opinion of the appropriate Department Head, was, at the time of the officer’s or temporary employee’s death, a dependent relative of the officer or temporary employee,is entitled to receive the money value of the extended leave that would have accrued to the officer or temporary 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 appropriate Department 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 officer’s or temporary 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 an officer or temporary employee includes a de facto partner of the officer or temporary 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 chief executive officer or senior executive officer is to be determined on the basis of the officer’s notional salary within the meaning of section 95.
7 Certain periods to be disregarded
Any period during which an officer or temporary employee is not employed, as referred to in clause 3 (2) of Schedule 3A, 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 an officer’s or temporary 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 officer or temporary 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 an officer or temporary 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 may be).(3) In subclause (2), public holiday means any special or public holiday for which the officer or temporary employee is entitled to payment.
9 Extended leave may be postponed for temporary employees
If the period of extended leave to which a temporary employee is entitled under this Schedule exceeds the period for which the employee is employed under this Act, 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.