Common use of Portability of Personal Leave Clause in Contracts

Portability of Personal Leave. (a) Where an Employee is and has been in the service of: (i) an Employer (as defined); or (ii) an Institution registered and subsidised under the Hospitals and Charities Act 1958, the Health Services Act 1988; or (iii) of the Cancer Institute Board; or (iv) of the Victorian Xxxx Nursing Association (Incorporated); or (v) a Xxxx Nursing institution; or (vi) a Statutory Authority including the Nurses Board of Victoria; or (vii) Fairfield Hospital Board; or (viii) the Royal District Nursing Service; or (ix) of the Australian Red Cross Blood Service transfers to an (or another) Employer the Employer will credit accumulated Personal Leave to such an Employee up to a maximum of 180 working days in his or her new employment. The Employer may require an Employee to produce a written statement from his or her previous employing Institution specifying the amount of accumulated personal leave standing to the credit of such Employee at the time of leaving that previous employment. (b) continuity of service will be deemed to be unbroken where the period of absence is equal to or less than an Employee’s allowable period of absence between an engagement with one employer named in subclause 61.8(a) and another. An absence in excess of the allowable period of absence will operate so as to exclude the Employee from any benefit under this subclause 61.8. (c) Provided further that where any Employee for the sole purpose of undertaking a course of study related to nursing or midwifery is, with the written approval of the Employer, absent without pay for up to but not exceeding 104 weeks, such absence will not be deemed to have broken continuity of service but will not be counted as service for the purpose of establishing entitlement to personal leave portability.

Appears in 5 contracts

Samples: Enterprise Agreement, Nurses and Midwives (Victorian Public Health Sector) (Single Interest Employers) Enterprise Agreement 2016 2020, Enterprise Agreement

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Portability of Personal Leave. (a) Where an Employee is and has been in the service of: (i) an Employer (as defined); or; (ii) an Institution registered and subsidised under the Hospitals and Charities Act 19581958 (Vic), the Health Services Act 1988; or1988 (Vic); (iii) of the Cancer Institute Board; or; (iv) of the Victorian Xxxx Nursing Association (Incorporated); or; (v) a Xxxx Nursing institution; or; (vi) a Statutory Authority including the Nurses Board of Victoria; or; (vii) the Fairfield Hospital Board; or; (viii) the Royal District Nursing Service; or (ix) of the Australian Red Cross Blood Service Service, transfers to an (or another) Employer Employer, the Employer will credit accumulated Personal Leave to such an Employee up to a maximum of 180 working days in his or her their new employment. The Employer may require an Employee to produce a written statement from his or her their previous employing Institution specifying the amount of accumulated personal leave standing to the credit of such Employee at the time of leaving that previous employment. Where an Employee transfers to an (or another) Employer and remains engaged on casual bank/or as a casual Employee with their previous Employer, the new Employer will not exclude the Employee from any benefit under this subclause 61.8. (b) continuity Continuity of service will be deemed to be unbroken where the period of absence is equal to or less than an Employee’s 's allowable period of absence between an engagement with one employer named in subclause 61.8(a) and another. An absence in excess of the allowable period of absence will operate so as to exclude the Employee from any benefit under this subclause 61.8. (c) Provided further that where any Employee for the sole purpose of undertaking a course of study related to nursing or midwifery is, with the written approval of the Employer, absent without pay for up to but not exceeding 104 weeks, such absence will not be deemed to have broken continuity of service but will not be counted as service for the purpose of establishing entitlement to personal leave portability.

Appears in 3 contracts

Samples: Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Enterprise Agreement

Portability of Personal Leave. (a) Where an Employee is and has been in the service of: (i) an Employer (as defined); or; (ii) an Institution registered and subsidised under the Hospitals and Charities Act 19581958 (Vic), the Health Services Act 1988; or1988 (Vic); (iii) of the Cancer Institute Board; or; (iv) of the Victorian Xxxx Nursing Association (Incorporated); or; (v) a Xxxx Nursing institution; or; (vi) a Statutory Authority including the Nurses Board of Victoria; or; (vii) Fairfield Hospital Board; or; (viii) the Royal District Nursing Service; or (ix) of the Australian Red Cross Blood Service Service, transfers to an (or another) Employer Employer, the Employer will credit accumulated Personal Leave to such an Employee up to a maximum of 180 working days in his or her their new employment. The Employer may require an Employee to produce a written statement from his or her their previous employing Institution specifying the amount of accumulated personal leave standing to the credit of such Employee at the time of leaving that previous employment. Where an Employee transfers to an (or another) Employer and remains engaged on casual bank/or as a casual Employee with their previous Employer, the new Employer will not exclude the Employee from any benefit under this subclause 61.8. (b) continuity Continuity of service will be deemed to be unbroken where the period of absence is equal to or less than an Employee’s 's allowable period of absence between an engagement with one employer named in subclause 61.8(a) and another. An absence in excess of the allowable period of absence will operate so as to exclude the Employee from any benefit under this subclause 61.8. (c) Provided further that where any Employee for the sole purpose of undertaking a course of study related to nursing or midwifery is, with the written approval of the Employer, absent without pay for up to but not exceeding 104 weeks, such absence will not be deemed to have broken continuity of service but will not be counted as service for the purpose of establishing entitlement to personal leave portability.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Portability of Personal Leave. (a) Where an Employee is and has been in the service of: (i) of an Employer (as defined); or (ii) an Institution Institution: • registered and subsidised under the Hospitals and Charities Act 1958Xxx 0000, the Health Services Act 1988; or (iii) Xxx 0000, • or of the Cancer Institute Board; or (iv) Board • or of the Victorian Xxxx Nursing Association (Incorporated); or (v) • or a Xxxx Nursing institution; or (vi) institution • or a Statutory Authority including the Nurses Board of Victoria; or (vii) Victoria • Fairfield Hospital Board; or (viii) Board • or the Royal District Nursing Service; or (ix) Service • of the Australian Red Cross Blood Service transfers to an (or another) Employer, The Employer the Employer will shall credit accumulated Personal Leave to such an Employee up to a maximum of 180 working days in his or her new employment. The Employer may require an Employee to produce a written statement from his or her previous employing Institution specifying the amount of accumulated personal leave standing to the credit of such Employee at the time of leaving that previous employment. (b) continuity Provided that in respect of service will be deemed to be unbroken where the any period of absence which is equal to or less than an Employee’s allowable period of absence absence” (as defined) between an engagement with one employer named in subclause 61.8(a) institution and another, continuity of service shall be deemed to be unbroken. An absence Any period in excess of the allowable period of absence will shall operate so as to exclude the Employee from any benefit under this subclause 61.8clause 0. (c) Provided further that where any Employee for the sole purpose of undertaking a course of study related to nursing or midwifery is, is with the written approval of the Employer, employer absent without pay for up to but not exceeding 104 weeks, or in the case of Registered Nurses Division 2 and Registered Nurses Division 5 - 52 weeks, such absence will shall not be deemed to have broken continuity of service but will shall not be counted as in aggregating service for the purpose of establishing entitlement to personal leave portability. (d) Personal leave for personal injury or sickness An Employee is entitled to use the full amount of their personal leave entitlement including accrued personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

Appears in 1 contract

Samples: Multiple Employer Agreement

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Portability of Personal Leave. (a) Where an Employee is and has been in the service of: (i) of an Employer (as defined); or (ii) an Institution Institution: • registered and subsidised under the Hospitals and Charities Act 1958Xxx 0000, the Health Services Act 1988; or (iii) Xxx 0000, • or of the Cancer Institute Board; or (iv) Board • or of the Victorian Xxxx Nursing Association (Incorporated); or (v) • or a Xxxx Nursing institution; or (vi) institution • or a Statutory Authority including the Nurses Board of Victoria; or (vii) Victoria • Fairfield Hospital Board; or (viii) Board • or the Royal District Nursing Service; or (ix) Service • of the Australian Red Cross Blood Service transfers to an (or another) Employer, The Employer the Employer will shall credit accumulated Personal Leave to such an Employee up to a maximum of 180 working days in his or her new employment. The Employer may require an Employee to produce a written statement from his or her previous employing Institution specifying the amount of accumulated personal leave standing to the credit of such Employee at the time of leaving that previous employment. (b) continuity Provided that in respect of service will be deemed to be unbroken where the any period of absence which is equal to or less than an Employee’s allowable period of absence absence” (as defined) between an engagement with one employer named in subclause 61.8(a) institution and another, continuity of service shall be deemed to be unbroken. An absence Any period in excess of the allowable period of absence will shall operate so as to exclude the Employee from any benefit under this subclause 61.8clause 18.4. (c) Provided further that where any Employee for the sole purpose of undertaking a course of study related to nursing or midwifery is, is with the written approval of the Employer, employer absent without pay for up to but not exceeding 104 weeks, or in the case of Registered Nurses Division 2 and Registered Nurses Division 5 - 52 weeks, such absence will shall not be deemed to have broken continuity of service but will shall not be counted as in aggregating service for the purpose of establishing entitlement to personal leave portability. (d) Personal leave for personal injury or sickness An Employee is entitled to use the full amount of their personal leave entitlement including accrued personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

Appears in 1 contract

Samples: Multiple Employer Agreement

Portability of Personal Leave. (a) Where an Employee is and has been in the service of:of:‌ (i) an Employer (as defined); or; (ii) an Institution registered and subsidised under the Hospitals and Charities Act 19581958 (Vic), the Health Services Act 1988; or1988 (Vic); (iii) of the Cancer Institute Board; or; (iv) of the Victorian Xxxx Nursing Association (Incorporated); or; (v) a Xxxx Nursing institution; or; (vi) a Statutory Authority including the Nurses Board of Victoria; or; (vii) the Fairfield Hospital Board; or; (viii) the Royal District Nursing Service; or (ix) of the Australian Red Cross Blood Service transfers to an (or another) Employer the Employer will credit accumulated Personal Leave to such an Employee up to a maximum of 180 working days in his or her new employment. The Employer may require an Employee to produce a written statement from his or her previous employing Institution specifying the amount of accumulated personal leave standing to the credit of such Employee at the time of leaving that previous employment.Service, (b) continuity Continuity of service will be deemed to be unbroken where the period of absence is equal to or less than an Employee’s 's allowable period of absence between an engagement with one employer named in subclause 61.8(a) and another. An absence in excess of the allowable period of absence will operate so as to exclude the Employee from any benefit under this subclause 61.8. (c) Provided further that where any Employee for the sole purpose of undertaking a course of study related to nursing or midwifery is, with the written approval of the Employer, absent without pay for up to but not exceeding 104 weeks, such absence will not be deemed to have broken continuity of service but will not be counted as service for the purpose of establishing entitlement to personal leave portability.

Appears in 1 contract

Samples: Enterprise Agreement

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