67Matters relating to leave without pay

67 Matters relating to leave without pay

(1) An Agency Head must grant leave without pay to an ongoing APS employee who applies for the leave to undertake or continue employment: (a) for the purposes of section 13 of the Governor‑General Act 1974; or (b) under the Members of Parliament (Staff) Act 1984. (2) If an APS employee who has been granted leave without pay to undertake or continue employment covered by paragraph (1)(a) or (b) notifies the employee’s Agency Head, in writing, that the employee wishes to return to the Agency to undertake duties: (a) the Agency Head must arrange for the APS employee to return to the Agency as soon as practicable; and (b) the Agency Head must arrange for the APS employee to undertake duties at the employee’s classification immediately before the employee was granted leave without pay or, if the classification no longer exists, at an equivalent classification determined by the Agency Head.

Note 1: The right of return under subsection (2) applies in relation to leave without pay whether granted before or after the commencement of these provisions.

Note 2: APS employees also have certain rights of return from leave granted under the Australian Civilian Corps Act 2011 and these are provided in the Prime Minister’s Australian Civilian Corps Directions 2012.