18Accrued leave of non-executive employees who become Public Service senior executives

#### 18 Accrued leave of non-executive employees who become Public Service senior executives 18 Accrued leave of non-executive employees who become Public Service senior executives > > (1) This clause applies to a person who, immediately before being employed as a Public Service senior executive, was employed as a Public Service non-executive employee. > > > (2) If the person— > > > > > (a) had a right to accrued extended or annual leave with pay immediately before being employed as a Public Service senior executive, and > > > > > (b) has not taken that leave before taking up duties as the executive, > > > > the person is entitled, on taking up those duties, to be paid instead of that leave (or any part of that leave) the money value of that leave (or part) as a gratuity if the person so elects. > > > (3) An election under this clause is to be made within the time and in the manner determined by the head of the Public Service agency in which the person is to be employed as a Public Service senior executive. > > > (4) The money value of leave is to be calculated at the rate of pay of the person immediately before employment as a Public Service senior executive. > > > (5) A person who was employed in the public sector when employed as a Public Sector senior executive retains any right to extended, annual, sick or other leave accrued or accruing to the person immediately before the employment as a Public Sector senior executive (except any accrued leave which is paid out by a gratuity under subclause (2)). > > > (6) A reference in this clause to employment in the public sector has the same meaning as it has for the purposes of section 41 of the Act.