Document ID: chunk:federal_register_of_legislation:C2023C00339:section:16:p1
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 16 (pt 1/2)
Character Range: 46033–48393

16  Long service leave and payments in lieu of long service leave
 (1) Subject to section 17, an employee is not eligible to be granted long service leave unless his or her period of service is at least 10 years.
 (2) Where the period of service of an employee is at least 10 years, the approving authority may, at any time, grant to the employee:
 (a) in the case of a category A employee—long service leave on full salary for a period not exceeding his or her long service leave credit at that time; or
 (b) in the case of a category B employee—long service leave on full salary in relation to his or her full‑time service for a period not exceeding his or her long service leave credit related to his or her full‑time service at that time or long service leave on full salary in relation to his or her part‑time service for a period not exceeding his or her long service leave credit related to his or her part‑time service at that time or both.
 (3) Where a period of long service leave may at any time be granted to an employee under subsection (2), the approving authority may, at the request of the employee, grant to him or her long service leave on half salary for a period not exceeding twice that first‑mentioned period.
 (4) Subject to subsections (5) and (6), where an employee whose period of service is at least 10 years ceases to be an employee otherwise than by death, the approving authority shall authorize payment to him or her of an amount equal to:
 (a) in the case of a category A employee—the amount of salary that would be payable to him or her for a period of service equal to the period of his or her long service leave credit immediately before he or she ceases to be an employee if salary were payable to him or her in respect of that period at the rate that is, by virtue of section 21, the rate applicable to him or her in relation to his or her long service leave immediately before he or she ceases to be an employee; or
 (b) in the case of a category B employee—the sum of:
 (i) the amount of salary that would be payable to him or her for a period of service equal to the period of his or her long service leave credit related to his or her full‑time service immediately before he or she ceases to be an employee if salary were payable to him or her in respect of that period at the rate that is, by virtue of section 21, the