New South Wales Consolidated Regulations

HEALTH SERVICES REGULATION 2008 - REG 11

11 Transfer of accrued leave-moving from NSW Health Service to non-declared AHO

(1) Period between employment must be continuous This clause applies in relation to a person only if the person’s employment with a non-declared AHO immediately follows the persons’s employment in the NSW Health Service. However, this clause does apply in relation to a person’s accrued long service leave entitlement if the break in employment is no longer than 2 months.

(2) Transfer of existing leave balance If a person:

(a) ceases to be employed in the NSW Health Service in connection with a public health organisation, and

(b) commences employment with a non-declared AHO,

the person is taken to have the amount of any accrued leave to which the person was entitled immediately before ceasing to be employed in the NSW Health Service.

(3) Election to cash-out accrued annual or long service leave In the case of any such accrued leave that comprises annual leave or long service leave, the person may, instead of retaining the entitlement to that accrued leave, elect to be paid the money value of that accrued leave.

(4) Limit on how much accrued annual leave can be retained The amount of any accrued annual leave that a person may retain under this clause cannot, except with the approval of the non-declared AHO, exceed the amount of annual leave that the person was entitled to over a 2-year period as a member of the NSW Health Service.

(5) Liability for cost of existing annual or long service leave The Government of New South Wales is liable for the cost of any annual or extended leave entitlements in respect of the person concerned that have accrued up until the date on which the person ceases to be employed in the NSW Health Service.