Document ID: chunk:federal_register_of_legislation:C2023C00339:section:20:p3
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 20 (pt 3/3)
Character Range: 65357–67426

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.