Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:15:p2
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 15 (pt 2/3)
Character Range: 98443–101208

equal to the annual rate of salary that would be payable to him on the particular day if he had continued to undertake the employment in respect of which salary was payable to him at the lower or lowest rate, as the case may be, during the relevant period.
 (4) If the Commissioner is of the opinion that there is a likelihood that, from and including a particular day during the period of leave of absence:
 (a) an eligible employee to whom this regulation applies will, for a continuous period of not less than 12 months, undertake the prescribed employment by virtue of which this regulation applies to the eligible employee; or
 (b) where the eligible employee has undertaken the prescribed employment referred to in paragraph (a) for a continuous period of less than 12 months immediately preceding the particular day—the eligible employee will undertake that employment for a continuous period of less than 12 months that together with the first‑mentioned period will not be less than a period of 12 months;
the Commissioner shall give a certificate to that effect specifying the day (not being a day earlier than the day on which the certificate was given) on which the period referred to in paragraph (a) or (b), as the case may be, in relation to the eligible employee will commence.
 (5) For the purposes of this regulation, where:
 (a) immediately before a period of prescribed leave this regulation applies to an eligible employee;
 (b) subregulation (6) does not apply in relation to the period of prescribed leave; and
 (c) this regulation again applies to the eligible employee on the expiration of the period of prescribed leave;
the period of prescribed leave shall be disregarded and the periods in respect of which this regulation applies to the eligible employee, being the period immediately preceding the period of prescribed leave and the period immediately following the period of prescribed leave, shall be treated as a continuous period.
 (6) Where:
 (a) immediately before a period of prescribed leave this regulation applies to an eligible employee; and
 (b) during the period of prescribed leave salary is payable to the eligible employee at a rate that is higher than the rate of salary that would be payable to the eligible employee if during that period the eligible employee were undertaking the eligible employee's initial employment;
the eligible employee shall, for the purposes of this regulation, be deemed to undertake prescribed employment during the period of prescribed leave.
 (7) In this regulation:
initial employment, in relation to an eligible employee who undertakes prescribed employment during a period of leave of absence without pay, means the prescribed employment first undertaken by the eligible employee after