Common use of Portability of Leave Clause in Contracts

Portability of Leave. Where an employee moves into the Commission from another APS agency where they were an ongoing employee, the employee’s unused accrued annual leave and personal/carer’s leave will be transferred, provided there is no break in continuity of service. Where an employee is engaged in the Commission immediately following a period of ongoing employment in the Parliamentary Service or the ACT Government Service, the employee’s unused accrued annual leave and personal/carer’s leave will be recognised unless the employee received payment in lieu of those entitlements on cessation of employment. Where an employee is engaged as an ongoing employee in the Commission, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the Commission or another agency), at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on separation) and personal/xxxxx’s leave will be recognised. Where an employee is engaged as a non-ongoing APS employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the Commission or another agency) at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on termination of employment) and personal/carer’s leave will be recognised. Where an employee is engaged as an ongoing employee in the Commission, and immediately prior to the engagement the person was employed by a Commonwealth Government entity (other than in the Parliamentary Services which are covered in clause 6.3), the Commissioner will recognise any unused accrued personal/carer’s leave at the employee’s request. The Commissioner will advise the employee of their ability to make this request. Where an employee is engaged as an ongoing employee in the Commission, and immediately prior to the engagement the person was employed by a State or Territory Government, the Commissioner may recognise any unused accrued personal/carer’s leave, provided there is not a break in continuity of service. For the purposes of clauses 6.2 to 6.7, an employee with a break in service of less than 2 months is considered to have continuity of service.

Portability of Leave. F11.1 Where an employee moves into the Commission agency from another APS agency where they were an ongoing employee, the employee’s unused accrued annual leave and personal/carer’s leave will be transferred, provided there is no break in continuity of service. . F11.2 Where an employee is engaged in the Commission agency immediately following a period of ongoing employment in the Parliamentary Service Services or the ACT Government Service, the employee’s unused accrued annual leave and personal/carer’s leave will be recognised unless the employee received payment in lieu of those entitlements on cessation of employment. . F11.3 Where an employee is engaged as an ongoing employee in the Commissionagency, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the Commission agency or another agencyanother), at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on separation) and personal/xxxxxcarer’s leave will be recognised. . F11.4 Where an employee is engaged as a non-ongoing APS employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee (whether in the Commission agency or another agencyanother) at the employee’s request, any unused accrued annual leave (excluding accrued leave paid out on termination of employment) and personal/carer’s leave will be recognised. . F11.5 Where an employee is engaged as an ongoing employee in the Commissionagency, and immediately prior to the engagement the person was employed by a Commonwealth Government entity employer (other than in the Parliamentary Services which are covered in clause 6.3subclause F11.2), the Commissioner Agency Head will recognise any unused accrued personal/carerxxxxx’s leave at the employee’s request. The Commissioner Agency Head will advise the employee of their ability to make this request. . F11.6 Where an employee is engaged as an ongoing employee in the Commissionagency, and immediately prior to the engagement the person was employed by a State or Territory Government, the Commissioner Agency Head may recognise any unused accrued personal/carer’s leave, provided there is not a break in continuity of service. . F11.7 For the purposes of clauses 6.2 subclauses F11.1 to 6.7F11.6, an employee with a break in service of less than 2 months is considered to have continuity of service.