26Member entitled to be absent during defence service

#### 26 Member entitled to be absent during defence service (1) A member who is employed before being absent on defence service is entitled to be absent from that employment while the member is absent on defence service. (2) A period during which the member is absent from that employment while absent on defence service is taken not to be a period of employment under the member’s contract of employment unless this Part provides otherwise. (3) Subsection (2) does not apply to a period throughout which the member is taking any type of paid or unpaid leave under the member’s contract of employment, as mentioned in subsection 25(3). (4) This section does not: (a) affect the operation of section 25; or (b) limit the ability of a contract of employment to allow a person any type of paid or unpaid leave; or (c) prevent the termination of a member’s contract of employment in accordance with law for a reason other than an absence mentioned in subsection (1). > Note: The protections in subsections (1) and (2) cease to apply 30 days after the member ceases to render defence service if the member does not apply to resume work under the contract of employment under section 27 before then: see paragraph 24A(c).