Common use of Payment for leave Clause in Contracts

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that: (i) In addition to the ordinary pay, as defined in this clause, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of work; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances; (b) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (v) any absence on any other account not involving termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to shall be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means . (i) Registered Nurses Division 2 - in addition, upon the Employee’s usual prior request, any ordinary pay outstanding for hours worked at the time of proceeding on leave. (ii) Ordinary pay means remuneration for the Employee’s normal weekly hours number of work, or their average hours of work over calculated at the preceding 12 months, whichever is the greater, multiplied by their hourly ordinary time rate of pay, provided that:. (ib) In addition to the ordinary pay, as defined in this clauseimmediately above, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary prescribed rate of salary: • ; (B) provided that for a Registered Nurse Division 1 such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that than an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered NurseNurse Division 1, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (BC) provided that for a Registered Nurse Division 5 such loading shall be on a maximum of four weeks in respect of any one year of employment; or (ii) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • following: (A) all payments for ordinary hours of work; • ; (B) shift work allowances premiums according to roster or projected roster; • Saturday and ; (C) Saturday, Sunday special rates premiums according to roster or projected roster; • ; (D) qualification allowances; • uniform allowances; (bE) uniform allowances; whichever is the higher. (c) To assist in determining “ordinary pay” for Registered Nurses Divisions 2 and 5 only: (i) where no ordinary time rate of pay is fixed for an Employee’s work under the terms of his/her employment the ordinary time rate of pay shall be deemed to be the average weekly rate earned by her/him during the period in respect of which the right to the annual leave accrues; (ii) where no normal weekly number of hours is fixed for a Employee under the terms of his/her employment, the normal weekly number of hours of work shall be deemed to be the average weekly number of hours worked by her/him during the period in respect of which the right to the annual leave accrues; (iii) the cash value of any board or lodging provided for an Employee shall be deemed to be its cash value as fixed by or under the terms of the Employee’s employment or, if it is not so fixed, shall be computed at the rate of $2.00 a week for board and $1.00 a week for lodging. (iv) Provided that the value of any board or lodging or the amount of any payment in respect of board or lodging shall not be included in any case where the board or lodging is provided or the payment is made not as a part of her/his ordinary pay, but because the work done by the Employee is in such a locality as to necessitate her/his sleeping elsewhere than at her/his genuine place of residence, or because of any other special circumstances. (v) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (iA) any annual leave or long service leave taken therein; (iiB) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iiiC) any absence from work of not more than fourteen days in the year of employment on account of sickness or accident; (ivD) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (vE) any absence on any other account not involving termination of employment: : (d) and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (ic)(v)(A), (iic)(v)(B) and (iiic)(v)(C) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (ivc)(v)(D) and (vc)(v)(E) it will be necessary for the Employee as part of her/his or her qualification for annual leave to serve such additional period as equals the period of such absences. (ce) Where Registered Nurses Divisions 2 and 5 (i) Except as expressly provided above, payment shall not be made by an Employer to an Employee reduces their working hours by agreement with the Employer, in lieu of any accrued hours of annual leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of to which the Employee and not otherwise, the Employee may elect to is entitled under this Agreement nor shall any such payment be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken accepted by the Employee. (ii) Where annual leave (or any part thereof) has been taken before the right to the annual leave has accrued, the right to further annual leave shall not commence to accrue until after the expiration of the year of employment in respect of which the annual leave (or part) has been taken.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that: (i) In addition to the ordinary pay, as defined in this clause, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of work; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances;; whichever is the higher. (b) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work of not more than fourteen days in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (v) any absence on any other account not involving termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that: (i) In addition to the ordinary pay, as defined in this clause, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of work; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances;; whichever is the higher. (b) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work of not more than fourteen days in the year of employment on account of sickness or accidentaccident (unless otherwise provided for in Clause 51 – Personal Leave); (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (v) any absence on any other account not involving termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-sub- paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that: (i) In addition to the ordinary pay, as defined in this clauseClause, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of work; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances; (b) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (v) any absence on any other account not involving termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-sub- paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary In computing the pay during all periods of annual leave and, before going on an Employee for or in lieu of long service leave, and may elect to be paid in advance for the period of such leave. Ordinary that pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided thatincludes: (i) In addition if the leave is granted with full pay - be computed in the same manner as if the Employee had remained on duty during that period; or (ii) if the leave is granted at half pay - be computed at half the rate the Employee would have received had the leave been granted with full pay. (iii) if the Employee is receiving salary maintenance, that salary maintenance; and (iv) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least twelve months before the commencement of the leave; and (v) the qualifications allowances in clause 25.8, the commuted shift allowance in (vi) any annual allowance payable to the ordinary payEmployee which the Employer determines should be included, as defined in this clause, all Employees shall receive eitherbut does not include: (A) a loading any payment of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employmentovertime; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods;or (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of workany travelling or transport allowance; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances;or (bC) For any allowance in the purposes nature of this part, unless otherwise stated, a year reimbursement of employment shall be deemed to be unbroken notwithstanding:expenditure. (ivii) In addition to any annual leave other entitlement that applies, the pay to which a Part-time Employee, or a Full time Employee not in receipt of commuted allowance, is entitled for the period during which long service leave taken therein; (ii) any interruption or ending is granted shall include the average weekday, weekend and public holiday shift allowances paid during the actual time worked in the 3 months prior to the commencement of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or as calculated three weeks prior to the commencement of the long service leave) granted imposed or agreed which the Employee would otherwise have been entitled to by receive had the Employer; (v) any absence Employee not proceeded on any other account Long Service Leave. This provision shall not involving apply to Long Service Leave paid on termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary In computing the pay during all periods of annual leave and, before going on an Employee for or in lieu of long service leave, and may elect to be paid in advance for the period of such leave. Ordinary that pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided thatincludes: (i) In addition if the leave is granted with full pay - be computed in the same manner as if the Employee had remained on duty during that period; or (ii) if the leave is granted at half pay - be computed at half the rate the Employee would have received had the leave been granted with full pay. (iii) if the Employee is receiving salary maintenance, that salary maintenance; and (iv) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least twelve months before the commencement of the leave; and (v) the qualifications allowances in clause 23.8, the commuted shift allowance in (vi) any annual allowance payable to the ordinary payEmployee which the Employer determines should be included, as defined in this clause, all Employees shall receive eitherbut does not include: (A) a loading any payment of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employmentovertime; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods;or (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of workany travelling or transport allowance; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances;or (bC) For any allowance in the purposes nature of this part, unless otherwise stated, a year reimbursement of employment shall be deemed to be unbroken notwithstanding:expenditure. (ivii) In addition to any annual leave other entitlement that applies, the pay to which a Part-time Employee, or a Full time Employee not in receipt of commuted allowance, is entitled for the period during which long service leave taken therein; (ii) any interruption or ending is granted shall include the average weekday, weekend and public holiday shift allowances paid during the actual time worked in the 3 months prior to the commencement of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or as calculated three weeks prior to the commencement of the long service leave) granted imposed or agreed which the Employee would otherwise have been entitled to by receive had the Employer; (v) any absence Employee not proceeded on any other account Long Service Leave. This provision shall not involving apply to Long Service Leave paid on termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that: (i) In addition to the ordinary pay, as defined in this clause, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of work; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances;; whichever is the higher. (b) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work of not more than fourteen days in the year of employment on account of sickness or accidentaccident (unless otherwise provided for in Clause 54 – Personal Leave); (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (v) any absence on any other account not involving termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that: (i) In addition to the ordinary pay, as defined in this clause, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of work; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances; (b) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work of not more than fourteen days in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (v) any absence on any other account not involving termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary In computing the pay during all periods of annual leave and, before going on an Employee for or in lieu of long service leave, and may elect to be paid in advance for the period of such leave. Ordinary that pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided thatincludes: (i) In addition if the leave is granted with full pay - be computed in the same manner as if the Employee had remained on duty during that period; or (ii) if the leave is granted at half pay - be computed at half the rate the Employee would have received had the leave been granted with full pay. (iii) if the Employee is receiving salary maintenance, that salary maintenance; and (iv) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least twelve months before the commencement of the leave; and (v) the qualifications allowances in clause 26.8, the commuted shift allowance in (vi) any annual allowance payable to the ordinary payEmployee which the Employer determines should be included, as defined in this clause, all Employees shall receive eitherbut does not include: (A) a loading any payment of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employmentovertime; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods;or (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of workany travelling or transport allowance; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances;or (bC) For any allowance in the purposes nature of this part, unless otherwise stated, a year reimbursement of employment shall be deemed to be unbroken notwithstanding:expenditure. (ivii) In addition to any annual leave other entitlement that applies, the pay to which a Part-time Employee, or a Full time Employee not in receipt of commuted allowance, is entitled for the period during which long service leave taken therein; (ii) any interruption or ending is granted shall include the average weekday, weekend and public holiday shift allowances paid during the actual time worked in the 3 months prior to the commencement of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or as calculated three weeks prior to the commencement of the long service leave) granted imposed or agreed which the Employee would otherwise have been entitled to by receive had the Employer; (v) any absence Employee not proceeded on any other account Long Service Leave. This provision shall not involving apply to Long Service Leave paid on termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that: (i) In addition to the ordinary pay, as defined in this clauseClause, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of work; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances;; whichever is the higher. (b) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (v) any absence on any other account not involving termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of her/his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual weekly ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that: (i) In addition to the ordinary pay, as defined in this clauseClause, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of work; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances; (b) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (v) any absence on any other account not involving termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that: (i) In addition to the ordinary pay, as defined in this clause, all Employees shall receive either: (A) a loading of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods; (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of work; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances; (b) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; (ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work of not more than 14 days in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer; (v) any absence on any other account not involving termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, and may elect to be paid in advance for the period of such leave. Ordinary pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or or, if this cannot be determined, their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided that:that:‌ (i) where in the previous 12 month period an Employee has undertaken higher duties or has been in receipt of a higher classification for an aggregate period of 13 weeks or more (where one or more hours in that week have been at the higher rate), the rate of pay for annual leave will be adjusted on a pro rata basis to reflect the higher rate (and where the Employee has been in receipt of a higher rate at more than one classification the proportional leave entitlement will be based on the highest classification rate). In such circumstances the onus shall be on the Employee to raise the issue with the Facility Manager and discuss the appropriate rate of payment with Payroll b) In addition to the ordinary pay, as defined in this clauseClause, all Employees shall receive either:either:‌ (Ai) a loading of 17.5% calculated on the ordinary prescribed rate of salary: • . provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-60 - 200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 17.5% x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods;, (Bii) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • following: A. all payments for ordinary hours of work; • ; B. shift work allowances according to roster or projected roster; • ; C. Saturday and Sunday special rates according to roster or projected roster; • ; D. qualification allowances; • uniform allowances; (bE. uniform allowances; whichever is the higher. c) For the purposes of this part, unless otherwise stated, a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein;therein,‌ (ii) any interruption or ending of the employment by the Employer Baptcare if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave;, (iii) any absence from work in the year of employment on account of sickness or accident;accident,‌ (iv) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the Employer;Baptcare,‌ (v) any absence on any other account not involving termination of employment: employment:‌ d) and in calculating a year of employment any absence of a kind mentioned in sub-sub- paragraphs 53.6 (i), (iic)(i) and (iiito 54.6(c)(iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv53.6(c)(iv) and (v53.6.(c)(v) it will be necessary for the Employee as part of his or her their qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.

Payment for leave. (a) Employees shall receive their ordinary In computing the pay during all periods of annual leave and, before going on an Employee for or in lieu of long service leave, and may elect to be paid in advance for the period of such leave. Ordinary that pay for the purposes of Annual Leave means the Employee’s usual ordinary weekly hours of work, or their average hours of work over the preceding 12 months, whichever is the greater, multiplied by their hourly rate of pay, provided thatincludes: (i) In addition if the leave is granted with full pay - be computed in the same manner as if the Employee had remained on duty during that period; or (ii) if the leave is granted at half pay - be computed at half the rate the Employee would have received had the leave been granted with full pay. (iii) if the Employee is receiving salary maintenance, that salary maintenance; and (iv) any additional payment payable for a temporary assignment where the assignment has continued for a period of at least twelve months before the commencement of the leave; and (v) the qualifications allowances in clause 24.8, the commuted shift allowance in (vi) any annual allowance payable to the ordinary payEmployee which the Employer determines should be included, as defined in this clause, all Employees shall receive eitherbut does not include: (A) a loading any payment of 17.5% calculated on the ordinary rate of salary: • provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employmentovertime; • provided further that an Employee whose weekly salary is or exceeds the weekly rate provided for in this Agreement for a Registered Nurse, Grade 5, 51-200 beds (Threshold Rate) shall receive, in lieu of the 17.5% loading, an amount equal to: Threshold Rate x 17.5 x 4 (weeks), in respect of a period of 152 hours or a proportionate amount in respect of a lesser period or periods;or (B) in respect of each week of leave granted an amount comprising the following that the employee would have received had they not been on leave during the relevant period: • all payments for ordinary hours of workany travelling or transport allowance; • shift work allowances according to roster or projected roster; • Saturday and Sunday special rates according to roster or projected roster; • qualification allowances; • uniform allowances;or (bC) For any allowance in the purposes nature of this part, unless otherwise stated, a year reimbursement of employment shall be deemed to be unbroken notwithstanding:expenditure. (ivii) In addition to any annual leave other entitlement that applies, the pay to which a Part-time Employee, or a Full time Employee not in receipt of commuted allowance, is entitled for the period during which long service leave taken therein; (ii) any interruption or ending is granted shall include the average weekday, weekend and public holiday shift allowances paid during the actual time worked in the 3 months prior to the commencement of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (iii) any absence from work in the year of employment on account of sickness or accident; (iv) any absence on account of leave (other than annual leave or as calculated three weeks prior to the commencement of the long service leave) granted imposed or agreed which the Employee would otherwise have been entitled to by receive had the Employer; (v) any absence Employee not proceeded on any other account Long Service Leave. This provision shall not involving apply to Long Service Leave paid on termination of employment: and in calculating a year of employment any absence of a kind mentioned in sub-paragraphs (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in sub-paragraphs (iv) and (v) it will be necessary for the Employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences. (c) Where an Employee reduces their working hours by agreement with the Employer, any accrued hours of leave will be preserved as at the time of the reduction. On each subsequent period of annual leave, and at the request of the Employee and not otherwise, the Employee may elect to be paid annual leave at the pre-reduction accrual rate and may continue to so elect until the preserved hours are exhausted. All payments of such accrued preserved leave will be paid annual leave loading of 17.5%. However, where the accrued annual leave exceeds 152 hours, before the reduction in contracted working hours occurs the Employer may direct that up to half of the accrued annual leave is taken by the Employee.