NSWIn ForceRegulation
Health Services Regulation 2018
10Transfer of accrued leave—moving from non-declared AHO to NSW Health Service
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#### 10 Transfer of accrued leave—moving from non-declared AHO to NSW Health Service
10 Transfer of accrued leave—moving from non-declared AHO to NSW Health Service
> > (1) Period between employment must be continuous This clause applies in relation to a person only if the person’s employment in the NSW Health Service immediately follows the person’s employment with a non-declared AHO. However, this clause does apply in relation to a person’s accrued long service leave entitlement if the break in employment is no longer than 2 months.
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> > (2) Transfer of existing leave balance If a person—
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> > > (a) ceases to be employed by a non-declared AHO, and
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> > > (b) commences employment in the NSW Health Service in connection with a public health organisation,
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> > the person is taken to have the amount of any accrued leave to which the person was entitled immediately before ceasing to be employed by the non-declared AHO.
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> > (3) Election to cash-out accrued annual or long service leave In the case of any such accrued leave that comprises annual leave or long service leave, the person may, instead of retaining the entitlement to that accrued leave, elect to be paid the money value of that accrued leave.
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> > (4) Limit on how much accrued annual leave can be retained The amount of any accrued annual leave that a person may retain under this clause cannot, except with the approval of the Health Secretary, exceed the amount of annual leave that the person was entitled to over a 2-year period as an employee of the non-declared AHO.
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> > (5) Liability for cost of existing annual or long service leave The non-declared AHO is liable for the cost of any annual or long service leave entitlements in respect of the person concerned that have accrued up until the date on which the person ceases to be employed by the non-declared AHO.
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> > (6) Orders under section 64 of the Act This clause does not apply in relation to a person who ceases to be employed by a non-declared AHO by the operation of an order under section 64 of the Act.