17Extended leave or pay in lieu of leave for employees not entitled to long service leave

17 Extended leave or pay in lieu of leave for employees not entitled to long service leave

(1) Where an employee whose period of service is less than 10 years but not less than 1 year is to cease to be an employee: (a) on or subsequent to his or her attaining the minimum retiring age; or (b) upon his or her retrenchment; the approving authority may grant to him or her long service leave on full salary, to be taken so as to expire immediately before he or she is to cease to be an employee, being: (c) in the case of a category A employee—long service leave for a period not exceeding his or her long service leave credit immediately before he or she commences that leave; or (d) in the case of a category B employee—long service leave in relation to his or her full‑time service for a period not exceeding his or her long service leave credit related to his or her full‑time service, and long service leave in relation to his or her part‑time service for a period not exceeding his or her long service leave credit related to his or her part‑time service, immediately before he or she commences whichever of those periods of leave he or she commences first. (2) Subject to subsections (3) and (4), where an employee whose period of service is less than 10 years but not less than 1 year: (a) ceases to be an employee, otherwise than by reason of his or her death, on, or subsequent to, his or her attaining the minimum retiring age; (b) ceases to be an employee by reason of his or her retrenchment; or (c) ceases to be an employee and satisfies the approving authority that his or her so ceasing is due to ill health of such a nature as to justify his or her so ceasing; the approving authority shall authorize payment to him or her: (d) in the case of a category A employee—of an amount equal to the amount of salary that would be payable to him or her for a period of service equal to the period of his or her long service leave credit immediately before he or she ceases to be an employee if salary were payable to him or her in respect of that period at the rate that is, by virtue of section 21, the rate applicable to him or her in relation to his or her long service leave immediately before he or she ceases to be an employee; or (e) in the case of a category B employee—of an amount equal to the sum of: (i) the amount of salary that would be payable to him or her in respect of a period of service equal to the period of his or her long service leave credit related to his or her full‑time service immediately before he or she ceases to be an employee if salary were payable to him or her in respect of that period at the rate that is, by virtue of section 21, the rate applicable to him or her in relation to his or her long service leave related to his or her full‑time service immediately before he or she ceases to be an employee; and (ii) the amount of salary that would be payable to him or her for a period of service equal to the period of his or her long service leave credit related to his or her part‑time service immediately before he or she ceases to be an employee if salary were payable to him or her in respect of that period at the rate that is, by virtue of section 21, the rate applicable to him or her in relation to his or her long service leave related to his or her part‑time service immediately before he or she ceases to be an employee. (3) Subsection (2) does not apply to an employee who requests the approving authority in writing, before he or she ceases to be an employee, not to authorize a payment to him or her under that subsection. (4) Where an employee requests the approving authority in writing before he or she ceases to be an employee to authorize a payment to him or her, upon his or her ceasing to be an employee, of a specified amount, being an amount less than the amount that would otherwise be payable to him or her under subsection (2), that subsection does not empower the approving authority to authorize a payment to him or her of an amount greater than the amount so specified. (5) Where an employee whose period of service is less than 10 years but not less than 1 year dies, the approving authority may authorize payment to a dependant of the employee of an amount equal to, or to 2 or more dependants of the employee of amounts aggregating, the amount that would have been payable to the employee under subsection (2) if the employee had, on the day on which the employee died, ceased to be an employee otherwise than by reason of his or her death on, or subsequent to, his or her attaining the minimum retiring age.