New South Wales Consolidated Acts

TEACHING SERVICE ACT 1980 - SECT 79

79 Leave of absence after years of service

(1) Subject to this section, an officer of the Teaching Service is entitled:

(a) after service for 10 years, to leave for 2 months on full pay or 4 months on half pay, and

(b) after service in excess of 10 years, to:

(i) leave pursuant to paragraph (a), and

(ii) in addition, an amount of leave proportionate to the officer’s length of service after 10 years, calculated on the basis of 5 months on full pay, or 10 months on half pay, for 10 years served after service for 10 years.

(2) For the purpose of calculating the entitlement of a person to extended leave under this section at any time:

(a) service referred to in this section includes service before the appointed day,

(b) there shall be deducted from the amount of extended leave to which, but for this paragraph, that person would be entitled:

(i) any extended leave, or leave in the nature of extended leave, and

(ii) the equivalent, in extended leave, of any benefit instead of extended leave or leave in the nature of extended leave,

taken or received by that person before that time, including any such leave taken, or benefit received, by that person pursuant to the Public Service (Amendment) Act 1919 , as in force at any time, the Teaching Service Act 1970 , as in force at any time, or the Public Service Act 1979 , and

(c) the provisions of Schedule 3A to the Public Sector Employment and Management Act 2002 shall have effect,

but nothing in this subsection shall be construed as authorising, in respect of the same period of leave taken or the same benefit received, a deduction under both paragraph (b) and clause 7 of Schedule 3A to the Public Sector Employment and Management Act 2002 .

(3) Where the services of an officer of the Teaching Service with at least 5 years’ service and less than 10 years’ service are terminated by the Crown or the Director-General for any reason other than the officer’s serious and wilful misconduct or by the officer on account of illness, incapacity or domestic or other pressing necessity, the officer shall be entitled for 5 years’ service to 1 month’s leave on full pay and for service after 5 years to a proportionate amount of leave on full pay calculated on the basis of 3 months’ leave for 15 years’ service.

(4) An officer is not entitled to any such leave if the officer’s employment is terminated by operation of Part 4B.

(5) For the purposes of:

(a) subsection (1), "service" includes:

(i) service under the Public Service Act 1902 , the Teaching Service Act 1970 , the Public Service Act 1979 , or this Act,

(ii) any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963 , and

(iii) in the case of an officer who has completed at least 10 years’ service (any period of leave without pay taken before that commencement being included therein, and any period of leave without pay taken after that commencement being excluded therefrom)-any period of leave without pay, not exceeding 6 months, taken after that commencement, and

(b) subsection (3), "service" does not include any period of leave without pay whether taken before or after the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963 .