Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:5_15
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 5 cl 15
Character Range: 64002–64701

15  After subsection 241(4)
Insert:

Certain types of leave not to count as service

 (4A) For the purposes of subparagraphs (1)(b)(i) and (4)(a)(ii), a period of authorised unpaid leave or unauthorised leave does not count as service in relation to an employee except:
 (a) as expressly provided by:
 (i) a term or condition of the employee's employment; or
 (ii) a law, or an instrument in force under a law, of the Commonwealth, a State or a Territory; or
 (b) as prescribed by the regulations.

Note: For whether leave guaranteed under this Part counts as service, see subsections 238(2) (annual leave), 260(2) (paid personal leave), 261(2) (unpaid carer's leave) and 316(2) (parental leave).