21Leave for employees appointed to or voluntarily enlisting in Defence Force

21 Leave for employees appointed to or voluntarily enlisting in Defence Force

(1)  Subregulation (2) applies to –

(a) a permanent employee who is a part-time member of any of Australia’s Defence Forces; and

(b) a fixed-term employee who has completed 3 months’ continuous service in any Agency or Agencies and who is a part-time member of any of Australia’s Defence Forces.

(2)  Subject to this regulation, an employee to whom this subregulation applies may be granted leave of absence for –

(a) not more than 20 working days in any leave year to enable the employee to undertake Defence Force service; and

(b) not more than 10 working days in any leave year, in addition to any leave granted to that employee in that leave year under paragraph (a) , to enable the employee to undertake initial training upon first becoming a part-time member of Australia’s Defence Forces; and

(c) not more than 10 working days in any leave year, in addition to any leave granted to that employee in that leave year under paragraph (a) , to enable the employee to undertake additional Defence Force service.

(3)  The following provisions apply to and in relation to leave granted to an employee under subregulation (2) :

(a) a certificate evidencing the necessity of the employee’s attendance, or the employee’s eligibility to attend, is to be submitted with the application for leave and, at the conclusion of the period of leave, the employee is to produce a certificate of attendance, and in each instance both certificates are to be signed by or on behalf of the person for the time being holding office as, or acting in the place of, the commanding officer in Tasmania of the relevant Defence Force;

(b) the employee is to be paid –

(i) if leave is granted under subregulation (2)(a) or (b)  – an amount equal to the employee’s normal salary for the period of that leave; and

(ii) if leave is granted under  – an amount equal to the employee’s normal salary for the period of leave, less any naval, military or air force pay or allowance received by the employee in respect of that period;