Commonwealth Consolidated Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 - SECT 16

             (1)  Subject to section 17, an employee is not eligible to be granted long service leave unless his or her period of service is at least 10 years.

             (2)  Where the period of service of an employee is at least 10 years, the approving authority may, at any time, grant to the employee:

                     (a)  in the case of a category A employee--long service leave on full salary for a period not exceeding his or her long service leave credit at that time; or

                     (b)  in the case of a category B employee--long service leave on full salary in relation to his or her full‑time service for a period not exceeding his or her long service leave credit related to his or her full‑time service at that time or long service leave on full salary in relation to his or her part‑time service for a period not exceeding his or her long service leave credit related to his or her part‑time service at that time or both.

             (3)  Where a period of long service leave may at any time be granted to an employee under subsection (2), the approving authority may, at the request of the employee, grant to him or her long service leave on half salary for a period not exceeding twice that first‑mentioned period.

             (4)  Subject to subsections (5) and (6), where an employee whose period of service is at least 10 years ceases to be an employee otherwise than by death, the approving authority shall authorize payment to him or her of an amount equal to:

                     (a)  in the case of a category A employee--the amount of salary that would be payable to him or her for a period of service equal to the period of his or her long service leave credit immediately before he or she ceases to be an employee if salary were payable to him or her in respect of that period at the rate that is, by virtue of section 21, the rate applicable to him or her in relation to his or her long service leave immediately before he or she ceases to be an employee; or

                     (b)  in the case of a category B employee--the sum of:

                              (i)  the amount of salary that would be payable to him or her for a period of service equal to the period of his or her long service leave credit related to his or her full‑time service immediately before he or she ceases to be an employee if salary were payable to him or her in respect of that period at the rate that is, by virtue of section 21, the rate applicable to him or her in relation to his or her long service leave related to his or her full‑time service immediately before he or she ceases to be an employee; and

                             (ii)  the amount of salary that would be payable to him or her for a period of service equal to the period of his or her long service leave credit related to his or her part‑time service immediately before he or she ceases to be an employee if salary were payable to him or her in respect of that period at the rate that is, by virtue of section 21, the rate applicable to him or her in relation to his or her long service leave related to his or her part‑time service immediately before he or she ceases to be an employee.

             (5)  Subsection (4) does not apply to an employee who requests the approving authority in writing, before he or she ceases to be an employee, not to authorize payment to him or her under that subsection.

             (6)  Where an employee requests the approving authority in writing before he or she ceases to be an employee to authorize a payment to him or her, upon his or her ceasing to be an employee, of a specified amount, being an amount less than the amount that would otherwise be payable to him or her under subsection (4), that subsection does not empower the approving authority to authorize a payment to him or her of an amount greater than the amount so specified.

             (7)  Where an employee whose period of service is at least 10 years dies, the approving authority may authorize payment to a dependant of the employee of an amount equal to, or payments to any 2 or more dependants of the employee of amounts aggregating, the amount that would have been payable to the employee under subsection (4) if the employee had ceased to be an employee otherwise than by death on the day on which the employee died.