Common use of Portability of Leave Clause in Contracts

Portability of Leave. Where an employee moves (including on promotion or for an agreed period) from another agency where they were an ongoing APS employee, the employee’s unused accrued annual leave and personal/carers leave (however described) will be recognised, provided there is no break in continuity of service. Where an employee is engaged in the department as either an ongoing or non-ongoing employee immediately following a period of ongoing employment in the Parliamentary Service or the Australian Capital Territory Government Service, the employee’s unused accrued annual leave and personal/carers leave (however described) will be recognised unless the employee received payment in lieu of those entitlements on termination of employment. For the purposes of this clause: ‘employee’ has the same meaning as under the Public Service Act 1999. ‘Parliamentary Service’ refers to employment under the Parliamentary Service Act 1999. Where a person is engaged as an ongoing employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee, the Secretary may, at the employee’s request, recognise any accrued annual leave and personal/carers leave (however described), provided there is no break in continuity of service. Any recognised annual leave excludes any accrued leave paid out on separation. UNAUTHORISED ABSENCE Where an employee is absent for any period without approval, the absence will be unpaid and will not count as service for any purpose.

Portability of Leave. Where an employee moves (including on promotion or for an agreed period) from another agency where they were an ongoing APS employee, the employee’s unused accrued annual leave and personal/carers leave (however described) will be recognisedtransferred, provided there is no break in continuity of service. Where an employee is engaged in the department Commission as either an ongoing or non-ongoing employee immediately following a period of ongoing employment in the Parliamentary Service or the Australian Capital Territory Government Service, the employee’s unused accrued annual leave and personal/carers leave (however described) will be recognised unless the employee received payment in lieu of those entitlements on termination of employment. For the purposes of this clause: ‘employee’ has the same meaning as under the Public Service Act 19991999 (PS Act). ‘Parliamentary Service’ refers to employment under the Parliamentary Service Act 1999. Where a person is engaged as an ongoing employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee, the Secretary Commissioner may, at the employee’s request, recognise any accrued annual leave and personal/carers leave (however described), provided there is no break in continuity of service. Any recognised annual leave excludes any accrued leave paid out on separation. UNAUTHORISED ABSENCE Where an employee is absent for any period without approval, the absence will be unpaid and will not count as service for any purpose.

Portability of Leave. Where an employee moves (including on promotion or for an agreed period) from another agency where they were an ongoing APS employee, the employee’s unused accrued annual leave and personal/carers leave (however described) will be recognised, provided there is no break in continuity of service. Where an employee is engaged in the department DSS as either an ongoing or non-ongoing APS employee immediately following a period of ongoing employment in the Parliamentary Service or the Australian Capital Territory ACT Government Service, the employee’s unused accrued annual leave and personal/carers leave (however described) will be recognised unless the employee received payment in lieu of those entitlements on termination of employment. For the purposes of this clause: ‘APS employee’ has the same meaning as under the Public Service Act 19991999 (PS Act). ‘Parliamentary Service’ refers to employment under the Parliamentary Service Act 1999. Where a person is engaged as an ongoing employee, and immediately prior to the engagement the person was employed as a non-ongoing APS employee, the Secretary may, at the employee’s request, recognise any accrued annual leave and personal/carers leave (however described), provided there is no break in continuity of service. Any recognised annual leave excludes any accrued leave paid out on separation. UNAUTHORISED ABSENCE Where an employee is absent for any period without approval, the absence will be unpaid and will not count as service for any purpose.