Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:8a:p3
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 8A (pt 3/4)
Character Range: 24520–26988

the last of those pay days shall be taken as not being included in the particular period; or
 (b) if the particular period consists only of a part of a pay period in relation to the person—that pay period shall be taken to be included in the particular period.
 (3) Where:
 (a) a person who is, or was at any time, a prescribed eligible employee has been, or was, on leave of absence for part of a period during which the person has been, or was, a prescribed eligible employee; and
 (b) the person was not, during the period of leave of absence, entitled to be paid an amount in respect of shift allowance;
then:
 (c) in ascertaining, for the purpose of the application of paragraph 8C(a) or 8D(1)(a) to and in relation to the person, the length and continuity of any period (in this subregulation referred to as a relevant period) of which the period of leave of absence is a part—the period of leave of absence shall be treated as being an integral part of the relevant period; and
 (d) in ascertaining, for the purpose of the application of a provision of this Part other than paragraph 8C(a) or 8D(1)(a) to and in relation to a person, the length and continuity of a relevant period:
 (i) if more than one pay day in relation to the person falls within the period of leave of absence:
 (A) the period commencing on the first of the pay days in relation to the person that fall within the period of leave of absence and ending on the day immediately preceding the last of those pay days shall be disregarded; and
 (B) the parts of the relevant period that, but for this paragraph, would have been taken to be separated by the period referred to in sub‑subparagraph (A) shall be deemed to be continuous;
 (ii) if only one pay day in relation to the person falls within the period of leave of absence and the expiration of the period of leave of absence coincides with the expiration of the pay period in relation to the person that commences on that pay day or with the expiration of the relevant period:
 (A) the pay period commencing on that pay day or the period commencing on that pay day and ending on the expiration of the relevant period (as the case requires) shall be disregarded; and
 (B) the day immediately preceding that pay day and the day immediately following that pay period or the relevant period (as the case may be) shall be deemed to be consecutive days; or
 (iii) if subparagraph (i) or (ii) does not apply—the period of leave of absence shall