5Non-service days—the Act, ss 28 and 29

5 Non-service days—the Act, ss 28 and 29

5 Non-service days—the Act, ss 28 and 29

(1) For the Act, sections 28(3) and 29(2), the following days are prescribed—

(a) a day on which a worker does not work because the worker is pregnant or has a pregnancy-related condition,

(b) a day on which a worker does not work because the worker is caring for another person, if the worker receives a carer allowance under the Social Security Act 1991 of the Commonwealth in relation to the other person,

(c) a day on which a worker performs cleaning work as an employee of the Crown, a local council or county council under an arrangement that does not provide for payment of long service benefits to the worker,

(c1) a day on which a worker performs cleaning work at a place that—

(i) is a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970, and

(ii) is within the State,

(d) a day on which a worker performs cleaning work in another State or Territory if—

(i) a corresponding law is not in force in the State or Territory, and

(ii) the cleaning work would be counted as recognised service under the Act if performed in New South Wales by a registered worker,

(e) a day on which a worker does not work because the worker is suffering from personal illness or injury,

(f) a day on which a worker does not work because a member of the worker’s immediate family or household has—

(i) a serious illness, or

(ii) a serious injury, or

(iii) died.

(2) In this section—

county council has the same meaning as in the Local Government Act 1993.

immediate family, for a worker, has the same meaning as in the Fair Work Act 2009 of the Commonwealth for a national system employee within the meaning of that Act.

s 5: Am 2024 No 84, Sch 2.2.