24Determination of eligible service—the Act, s 22(3)

24 Determination of eligible service—the Act, s 22(3)

24 Determination of eligible service—the Act, s 22(3)

(1) Eligible service accrued by an employee for a day is the proportion of the day equal to the salary ratio of the employee on the day.

(2) An employee who is on leave without pay that is not prescribed leave has a salary ratio of 0 in relation to the leave.

(3) A continuous period of leave without pay must not be regarded as leave without pay for this section if the period is—

(a) 5 days or less, and

(b) not prescribed leave.

(4) In this section—

leave without pay, for an employee, means a period of leave from employment with an employer, otherwise than on secondment as referred to in the Act, section 4, during which the employee is not entitled to receive payment of salary from the employer.

prescribed leave, for an employee, means leave without pay during which the employee on leave is absent from employment with an employer—

(a) because of a grant of sick leave, or

(b) for a period during which the employee receives periodic payments under an Act providing compensation for workers’ injuries, or

(c) because of a grant of parental leave, or

(d) if—

(i) the absence is under an agreement with the employer for the secondment of the employee, and

(ii) the employee is seconded to employment that is not employment with an employer, or

(e) to enable the employee to perform trade union duties unless, in a particular case, the employer certifies to STC in writing that this paragraph is not to apply, or

(f) to enable the employee to perform duties that the employer certifies to STC in writing to be in the interests of the employer or the State, or

(g) while on service with the naval, military or air forces of the Commonwealth.