42Accrued leave of non-executive employees who become Health Service senior executives

#### 42 Accrued leave of non-executive employees who become Health Service senior executives 42 Accrued leave of non-executive employees who become Health Service senior executives > > (1) This clause applies to a person who, immediately before being employed as a Health Service senior executive, was employed in the NSW Health Service otherwise than as a Health Service senior executive. > > > (2) If the person— > > > > > (a) had a right to accrued extended or annual leave with pay immediately before being employed as a Health 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 employer of the Health 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 Health Service senior executive. > > > (5) A person who was employed in the public sector when employed as a Health Service senior executive retains any right to extended, annual, sick or other leave accrued or accruing to the person immediately before the employment as a Health Service 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. > > **cl 42:** Ins 2016 (725), Sch 1 \[4\].