87EPreservation of rights in respect of leave

##### 87E Preservation of rights in respect of leave (1) Where: (a) an officer becomes, by virtue of subsection 87C(1), an officer to whom this Division applies by reason of his becoming engaged in eligible Commonwealth employment; (b) a person who is engaged in eligible Commonwealth employment is re‑appointed to the Service under section 63F or 63G and becomes, by virtue of subsection 87C(2), an officer to whom this Division applies; or (c) an officer who is engaged in eligible Commonwealth employment becomes, by virtue of subsection 87C(3), an officer to whom this Division applies upon his ceasing to be absent from the service on leave of absence granted under section 71; he retains, in respect of that employment, such rights (if any) in respect of leave of absence for recreation and leave of absence on account of illness as had accrued to him immediately before he becomes such an officer. (2) Where: (a) an officer becomes, by virtue of subsection 87C(1), an officer to whom this Division applies upon his ceasing to be a person to whom the repealed Officers’ Rights Declaration Act 1928 applies; or (b) an officer who is the holder of an office of Commissioner, or member of a Board, under the Repatriation Act 1920 becomes, by virtue of subsection 87C(3), an officer to whom this Division applies; there shall be ascertained, in a manner determined by the Public Service Board, the period (if any) of leave of absence for recreation, and the periods (if any) of leave of absence on account of illness, that is or are applicable to him on his becoming such an officer, and, if such a period is applicable to him, he shall be credited with that period. (3) Subject to subsections (4) and (5), while an officer to whom this Division applies is engaged in eligible Commonwealth employment: (a) recreation leave credits and sick leave credits accrue to him in respect of that employment on the respective dates on which, and at the respective rates of accrual at which, they would accrue to him if his service in that employment were service in the Service; and (b) determinations in force under section 82D that make provision for or in relation to the matters referred to in clause 82D(4)(a)(v)(A) apply to and in relation to him subject to such modifications and adaptations (if any) as the Public Service Board determines. (4) The recreation leave credit that accrues to an officer referred to in subsection (1) or (2): (a) if he becomes an officer to whom this Division applies on a 1 January—on that 1 January; or (b) in any other case—on the 1 January immediately following the date on which he becomes such an officer; shall be calculated in such manner as the Board determines. (5) Where an officer referred to in subsection (1) or (2) becomes an officer to whom this Division applies by reason of his becoming engaged in eligible Commonwealth employment, the sick leave credits that first accrue to him in respect of that employment shall accrue to him on the day on which they would accrue to him if, and shall be calculated as if, the whole of his service in employment since the date on which his last preceding sick leave credits accrued to him had been service in that first‑mentioned employment. (6) Where an officer to whom this Division applies who is engaged in eligible Commonwealth employment ceases, otherwise than by reason of his death, to be engaged in that employment and, at the same time, to be an officer, he is entitled to be paid, in respect of leave of absence for recreation, an amount equal to the amount (if any) that would be payable to him under this Act in lieu of leave of absence for recreation if he were retiring from the Service and his service in that employment were service in the Service, unless, upon so ceasing, he becomes engaged in other eligible public employment. (7) Where an officer to whom this Division applies who is engaged in eligible Commonwealth employment dies while engaged in that employment or the Board directs, after consideration of all the circumstances, that an officer to whom this Division applies shall be presumed to have died on a particular date, there are payable in relation to the officer such amounts as would be payable under this Act in lieu of leave of absence for recreation if his service in that employment were service in the Service, unless he had ceased to be an officer before his death or before that date, as the case may be. (8) Where an officer to whom this Division applies resumes duty in the Service in consequence of his ceasing to be engaged in eligible Commonwealth employment: (a) upon resuming duty in the Service, he retains, in respect of his service in the Service, such rights (if any) in respect of leave of absence for recreation and leave of absence on account of illness as had accrued to him immediately before he resumed duty in the Service; (b) the recreation leave credit that accrues to him: (i) if he resumes duty in the Service on a 1 January—on that 1 January; or (ii) in any other case—on the 1 January immediately following the date on which he resumes duty in the Service; shall be calculated in such manner as the Board determines; and (c) the sick leave credits that first accrue to him in respect of his service in the Service after he so resumes duty shall accrue to him on the day on which they would accrue to him if, and shall be calculated as if, the whole of his service in employment since the date on which his last preceding sick leave credits accrued to him had been service in the Service. (9) Where an officer to whom this Division applies who is engaged in eligible Commonwealth employment ceases to be an officer but does not also cease to be engaged in eligible Commonwealth employment, he retains, in respect of the employment in which he is engaged, such rights (if any) in respect of leave of absence for recreation and leave of absence on account of illness as had accrued to him immediately before he ceased to be an officer. (10) Notwithstanding the provisions of any other Act, or of the terms and conditions of employment, that would, but for this subsection, be applicable to an officer to whom this Division applies who is engaged in eligible Commonwealth employment, but subject to subsection (11), the officer is not entitled, while engaged in that employment: (a) to be absent from that employment on leave of absence for recreation, or to be granted leave of absence for recreation, for a period that exceeds his recreation leave credit immediately before the commencement of the leave; (b) to be absent from that employment on leave of absence on full pay on account of illness, or to be granted leave of absence on full pay on account of illness, for a period that exceeds his credit of sick leave on full pay immediately before the commencement of the leave; or (c) to be absent from that employment on leave of absence on half pay on account of illness, or to be granted leave of absence on half pay on account of illness, for a period that exceeds his credit of sick leave on half pay immediately before the commencement of the leave. (11) Where the period from the date on and from which an officer to whom subsection (10) applies is to be absent from his employment on leave of absence for recreation to the end of the maximum period for which, but for this subsection, he could be so absent, includes, or ends immediately before, 1 January in any year, the maximum period for which he may be absent on leave of absence for recreation, or may be granted any such leave, is increased by a period equal to the addition to the recreation leave credit of the officer that will, if he continues in the employment and to be an officer, accrue on that 1 January.