Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:15:p1
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 15 (pt 1/3)
Character Range: 95930–98651

15  Salary of certain eligible employees undertaking employment during a period of leave of absence without pay
 (1) This regulation applies to an eligible employee in respect of whom the circumstances referred to in paragraph 13(2)(b) or (c) apply where the eligible employee undertakes prescribed employment (being employment of the same kind as the eligible employee's initial employment) in respect of which the salary payable to the eligible employee is higher than the salary that would be payable to the eligible employee if the eligible employee had continued to undertake his initial employment.
 (2) Where:
 (a) this regulation applies to an eligible employee who is on leave of absence;
 (b) the eligible employee has not, during the period of 12 months immediately preceding a particular day in the period of leave of absence, continuously undertaken prescribed employment, being prescribed employment by virtue of which this regulation applies to the eligible employee; and
 (c) a certificate specifying a date not later than the particular day has not been given under subregulation (4) in respect of the eligible employee;
the annual rate of salary of the eligible employee on the particular day shall, for the purposes of the Act, be an amount per annum equal to the annual rate of salary that would be payable to the eligible employee on the particular day if the eligible employee had continued to undertake his initial employment.
 (3) Where:
 (a) this regulation applies to an eligible employee who is on leave of absence;
 (b) the eligible employee has:
 (i) during a period of not less than 12 months immediately preceding a particular day in the period of leave of absence; or
 (ii) if a certificate specifying a date not later than the particular day has been given in respect of the eligible employee under subregulation (4)—from and including the day specified in the certificate;
  continuously undertaken prescribed employment, being prescribed employment by virtue of which this regulation applies to the eligible employee; and
 (c) at any time during the relevant period the eligible employee has been paid in respect of prescribed employment that he has undertaken salary at an annual rate that is lower than the annual rate of salary of the eligible employee on that particular day;
then, subject to regulation 16, the annual rate of salary of the eligible employee on the particular day in the period of leave of absence shall, for the purposes of the Act, be an amount per annum 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,