State Service Regulations 2021
22Leave of absence with or without pay
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22 Leave of absence with or without pay
(1) The relevant Head of Agency may grant to an employee, on the terms and conditions, if any, that the Head of Agency considers reasonable, leave of absence for a period of not more than 3 years and may grant such leave of absence without pay or on reduced pay.
(2) If an employee who has been granted leave under subregulation (1) requests an extension of the period of leave so granted beyond 3 years, the Employer may, on the recommendation of the relevant Head of Agency, extend –
(a) for the period determined by the Employer; and
(b) on the terms and conditions determined by the Employer; and
(c) without pay, or on reduced pay, as determined by the Employer –
the leave granted under that subregulation.
(3) If an employee who has been granted leave under subregulation (1) as extended, if at all, under subregulation (2) , wishes to reduce the period of that leave, the relevant Head of Agency may reduce the period of the leave by the period, and on the terms and conditions, that the Head of Agency determines.
(4) If the total period of leave without pay granted under this regulation amounts to more than 20 working days in any personal leave year, the whole of that leave is not service for the purposes of –
(a) calculating an employee’s entitlement to recreation leave; and
(b) determining the day on which an employee’s personal leave entitlement accrues; and
(c) determining the day on which an employee is entitled to any salary increment, unless an award prescribes otherwise.
(5) An employee who has been granted a period of leave of more than 20 days under subregulation (1) is not entitled to any paid leave under these regulations while on that period of leave without pay.
(6) Subregulations (4) and (5) do not apply in relation to a period of leave granted under subregulation (1) for the purposes of study.