Document ID: chunk:federal_register_of_legislation:C2023C00339:section:20:p2
Version: federal_register_of_legislation:C2023C00339
Segment Type: section
Provision Reference: s 20 (pt 2/3)
Character Range: 63261–65591

that is his or her current rate of salary per week in respect of that part of the leave; and
 (ii) the rate per week ascertained in accordance with the formula:

  where:
  a is the rate that is his or her current rate of salary per week in respect of that part of the leave;
  b is the prescribed average number of hours of his or her service; and
  c is the number of hours of service that he or she was, on the relevant day, required by the terms of his or her employment to render during a week.
 (3) Where a period of long service leave on full salary is granted under section 16 or 17 to a category B employee who is employed in a part‑time capacity on the relevant day:
 (a) salary is payable to him or her in respect of any part of the leave that is granted to him or her in relation to his or her full‑time service—at the rate at which salary would be payable to him or her in respect of that part of the leave if he or she were not on long service leave but were rendering full‑time service in the capacity in which he or she was employed on the relevant day; and
 (b) salary is payable to him or her in respect of any part of the leave that is granted in relation to his or her part‑time service—at the rate per week ascertained by multiplying his or her relevant rate per hour in respect of that part of the leave by a number equal to the prescribed average number of hours of his or her service.
 (4) In this section:
current rate of salary, in relation to a part of a period of long service leave that is granted to an employee, means the rate 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 be employed in the capacity in which he or she was employed on the relevant day.
prescribed average number of hours means:
 (a) in relation to a category A 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 during his or her period of service—that last‑mentioned average number of hours; and
 (b)