Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a period of long service leave is granted under section 16 or 17 to a category A employee on full salary, salary is payable to the employee in respect of any part of the leave:
(a) if the employee has been employed in a full - time capacity throughout his or her period of service--at the rate that is his or her current rate of salary in respect of that part of the leave;
(b) if the employee has been employed in a part - time capacity throughout his or her period of service and there has been no change during that period in the number of hours per week for which the employee has, by the terms of his or her employment, been required to render service--at the rate per week at which salary would be payable to him or her in respect of that part of the leave if he or she were not absent on long service leave but were continuing to render service for that number of hours per week in the capacity in which he or she was employed on the relevant day; or
(c) if the employee has been employed in a part - time capacity throughout his or her period of service but there has been a change during that period in the number of hours per week for which he or she was required by the terms of his or her employment to render service--at the rate per week ascertained by multiplying the relevant rate per hour in respect of that part of the leave by a number equal to the prescribed average number of hours of his or her service.
(2) Where a period of long service leave on full salary is granted under section 16 or 17 to a category B employee who is employed in a full - time capacity on the relevant day:
(a) salary is payable to the employee in respect of any part of that leave that is granted to him or her in relation to his or her full - time service--at the rate that is his or her current rate of salary in respect of that part of the leave; and
(b) salary is payable to him or her in respect of any part of that leave that is granted to him or her in relation to his or her part - time service--at a weekly rate, being the lesser of:
(i) the rate that is his or her current rate of salary per week in respect of that part of the leave; and
(ii) the rate per week ascertained in accordance with the formula:
where:
a is the rate that is his or her current rate of salary per week in respect of that part of the leave;
b is the prescribed average number of hours of his or her service; and
c is the number of hours of service that he or she was, on the relevant day, required by the terms of his or her employment to render during a week.
(3) Where a period of long service leave on full salary is granted under section 16 or 17 to a category B employee who is employed in a part - time capacity on the relevant day:
(a) salary is payable to him or her in respect of any part of the leave that is granted to him or her in relation to his or her full - time service--at the rate at which salary would be payable to him or her in respect of that part of the leave if he or she were not on long service leave but were rendering full - time service in the capacity in which he or she was employed on the relevant day; and
(b) salary is payable to him or her in respect of any part of the leave that is granted in relation to his or her part - time service--at the rate per week ascertained by multiplying his or her relevant rate per hour in respect of that part of the leave by a number equal to the prescribed average number of hours of his or her service.
(4) In this section:
"current rate of salary" , in relation to a part of a period of long service leave that is granted to an employee, means the rate at which salary would be payable to him or her in respect of that part of the leave if he or she were not absent on long service leave but were continuing to be employed in the capacity in which he or she was employed on the relevant day.
"prescribed average number of hours" means:
(a) in relation to a category A employee who is granted a period of long service leave:
(i) his or her average number of hours of employment per week during the relevant period; or
(ii) if the employee satisfies the approving authority that his or her average number of hours of employment per week during the relevant period is less than his or her average number of hours of employment per week during his or her period of service--that last - mentioned average number of hours; and
(b) in relation to a category B employee who is granted a period of long service leave:
(i) his or her average number of hours of employment per week during the relevant period; or
(ii) if the employee satisfies the approving authority that his or her average number of hours of employment per week during the relevant period is less than his or her average number of hours of employment per week throughout his or her period or periods of employment in a part - time capacity included in his or her period of service--that last - mentioned average number of hours.
"relevant day" , in relation to an employee who has been granted long service leave, means the day immediately preceding the day on which that leave commences.
"relevant period" means:
(a) in relation to a category A employee who has been granted a period of long service leave, the 12 months of his or her period of service ending on the day before the day on which the leave commences; and
(b) in relation to a category B employee who has been granted a period of long service leave:
(i) the period of, or the periods aggregating, 12 months during which he or she was last employed in a part - time capacity before the day on which the leave commences; or
(ii) if he or she has not been employed in a part - time capacity for 12 months--the period or periods during which he or she has been employed in a part - time capacity.
"relevant rate per hour" , in relation to a part of a period of long service leave that has been granted to an employee who was employed in a part - time capacity on the relevant day, means the rate per hour at which salary would be payable to him or her in respect of that part of the leave if he or she were not absent on long service leave but were continuing to render part - time service in the capacity in which he or she was employed on the relevant day.