96Limits on accumulation of annual leave

96 Limits on accumulation of annual leave

96 Limits on accumulation of annual leave

(1) Annual leave accrued and not taken by a NSW Police Force senior executive, owing to the exigencies of the NSW Police Force or for any other reason the Commissioner considers sufficient, accumulates up to a maximum of 40 working days.

(2) Subject to subsections (3)–(6), a NSW Police Force senior executive forfeits all annual leave accruing in excess of the 40 working day maximum.

(3) The Commissioner may direct a NSW Police Force senior executive to take, at any time convenient to the working of the NSW Police Force, annual leave accrued by the senior executive, but must, as far as practicable, take into account the wishes of the senior executive in directing the time for the taking of leave.

(4) If the Commissioner is satisfied that a NSW Police Force senior executive is prevented from taking an amount of annual leave sufficient to reduce the senior executive’s accrued annual leave entitlement to less than 40 working days, the Commissioner may direct that annual leave accruing by the senior executive in excess of 40 working days is not to be forfeited under subsection (2).

(5) If the Commissioner gives a direction under subsection (4), the Commissioner must, at the time of, or as soon as practicable after, giving that direction, also give the NSW Police Force senior executive a direction under subsection (3) in relation to the taking of annual leave accrued by the senior executive in excess of 40 working days.

(6) If a NSW Police Force senior executive does not take annual leave in accordance with any direction referred to in subsection (5), all annual leave accrued to the senior executive in excess of 40 working days is forfeited.