Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p16
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 16/153)
Character Range: 1001658–1005207

they took pay for instead of leave.
3.  If a member has a part-day of war service leave credit, it can be combined with a part day of recreation leave credit in order to provide the member with a whole day of leave credit to take.

5.8.9 Payment instead of leave — during ADF service

1.  The CDF may approve payment instead of war service leave to a member who meets both the following conditions.
    a.                                                                                                                            The member is not permitted to take the leave for Service reasons.
    b.                                                                                                                            The member applies for payment instead of leave.
2.  If payment instead of war service leave is approved under subsection 1, the member is eligible for the sum of the following.
    a.                                                                                                                            For every 5 days of war service leave credit — 7 days of salary and allowances that are payable under sections 5.4.36 and 5.4.37.
    b.                                                                                                                            For every remaining whole day of war service leave credit — 1 day of salary and allowances that are payable under sections 5.4.36 and 5.4.37.

5.8.10 Payment instead of leave — leaving continuous full-time service

1.  A member must be paid an amount instead of their war service leave credit in the following situations.
    a.                                                                                                      The member leaves the Permanent Forces.
    b.                                                                                                      The member is a Reserve member and ends a period of continuous full-time service.
2.  For the purpose of subsection 1, the member is paid the sum of the following.
    a.                                                                                                      For every 5 days of war service leave credit — 7 days of salary.
    b.                                                                                                      For every remaining whole day of war service leave credit — 1 day of salary.
    c.                                                                                                      For the remaining part day of war service leave credit — salary for the part of the day.

5.8.11 How to apply for war service leave

   A member must use the approved form to apply for war service leave.

Part 9: Other leave with pay

Division 1: General provisions

5.9.3 Purpose

   A range of leave types are available to a member for specific events that happen during a financial year.

5.9.4 Member this Part does not apply to

   This Part does not apply to a member on Reserve service.

5.9.5 Leave not to accrue under this Part

   Leave under this Part does not accrue. Leave or other absence that is not taken at the time of the specific event does not attract a credit for later use.

5.9.6 Member on a flexible service determination

   For a member on a flexible service determination, leave under this Part can only be taken during the member's pattern of service.

5.9.7 How to apply for leave

   A member must apply for leave using the approved form.

Division 2: Personal leave

5.9.8 Purpose

   Personal leave