Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:1_35
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 1 cl 35
Character Range: 25502–26768

35  Application of items 21 and 26—personal leave

(1) The amendments of the Principal Act made by items 21 and 26 (except the insertion of clause 1E of Schedule 1A) apply to:
 (a) the calculation of an employee's personal leave in respect of:
 (i) the first year of the employee's employment that commences on or after the commencing day; and
 (ii) each subsequent year of the employee's employment; and
 (b) personal leave taken on or after the commencing day.

(2) For the purpose of the application of paragraph (1)(a) to an employee engaged before the commencing day and continuing in that employment on that day, the reference in subparagraph (1)(a)(i) to the first year of the employee's employment that commences after the commencing day is a reference to the year commencing on the first anniversary of that engagement occurring on or after that day.

(3) The rule in paragraph (1)(a) applies even if an employee only works part of a year.

(4) Any sick leave accumulated by an employee under paragraph 1(1)(b) of Schedule 1A as in force immediately before the commencing day is taken to be personal leave accumulated by the employee as at the commencing day.

(5) In this item:
commencing day means the day that items 21 and 26 of this Schedule commence.