91Entitlements to extended leave in special circumstances

91 Entitlements to extended leave in special circumstances

91 Entitlements to extended leave in special circumstances

(1) This section applies to an eligible member with at least 5 years service as an adult and less than 10 years service whose service is terminated—

(a) by the Crown, the Governor or the Commissioner other than—

(i) by a section 181D order, or

(ii) under the Act, section 81E(1)(h) or otherwise as a consequence of a finding of misconduct having been made against the member under the Government Sector Employment Act 2013, section 69, or

(iii) as a consequence of the member’s serious and intentional misconduct, or

(b) by the eligible member on account of illness, incapacity or domestic or other pressing necessity.

(2) The eligible member is entitled to—

(a) for 5 years service—1 month’s leave on full pay, and

(b) for service after 5 years—an amount of leave on full pay, proportionate to the eligible member’s length of service, calculated on the basis of 3 months leave for 15 years service, including both—

(i) the eligible member’s service as an adult, and

(ii) the eligible member’s service otherwise than as an adult.

(3) In this section—

service—

(a) includes the following—

(i) service in the NSW Police Force before the commencement of this part,

(ii) service in the Public Service before the commencement of this part,

(iii) service in the Teaching Service, but

(b) does not include any period of leave without pay whether taken before, on or after 13 December 1963.

service as an adult means—

(a) for a NSW Police Force senior executive employed to do work for which the remuneration has been fixed by an industrial award or industrial agreement, however described, under a law in force in New South Wales—the period of service during which the remuneration applicable to the NSW Police Force senior executive was at a rate not lower than the following—