Special Carry-over Clause Samples
The Special Carry-over clause allows for the transfer of unused rights, benefits, or obligations from one period to the next, rather than letting them expire at the end of a specified term. For example, in a contract involving annual leave or financial credits, this clause would permit any unused portion to be carried forward into the following year or period. Its core practical function is to provide flexibility and prevent the loss of entitlements due to timing issues, ensuring that parties can fully utilize their contractual benefits.
Special Carry-over. The Chief Administrative Officer or his/her designee may, upon written recommendation of the department head, which states unique and exceptional cause, grant to an Employee the privilege of carrying over to the next calendar year an amount of paid leave in excess of that allowed by this contract. The excess amount of paid leave carry-over granted pursuant to this section must be used by the Employee during the first three months of the next calendar year.
Special Carry-over. (a) Where a Doctor is prevented from utilising their CME Support Entitlement in a particular financial year due to:
(i) parental leave in accordance with clause 54;
(ii) family/caring responsibilities;
(iii) personal illness or injury; or
(iv) other exceptional circumstances accepted as such by the Health Service, the Doctor may carry-over the unused component of their CME Support Entitlement, in accordance with subclause 41.5(b), provided the Doctor has provided the Health Service with evidence that would satisfy a reasonable person.
(b) If the circumstances set out in subclause 41.5(a) apply to a Doctor in a financial year, a Doctor’s CME Support Entitlement may be carried over in accordance with and subject to the following provisions:
(i) If as at 30 June of the applicable financial year the Doctor has not utilised some or all of their CME Support Entitlement for that financial year, the Doctor may carry-over the unused component of their CME Support Entitlement from that financial year into the following financial year. For the avoidance of doubt, this means that during the subsequent financial year, the Doctor is able to utilise their CME Support Entitlement for that financial year combined with any amount carried over from the previous financial year.
(ii) In addition to subclause 41.5(b)(i), if as at 30 June of the applicable financial year the Doctor:
(A) is a Fractional Doctor; and
(B) has previously carried over some or all of their CME Support Entitlement from a previous financial year in accordance with this clause; and
(C) has again been prevented from utilising CME Support Entitlements for any of the reasons set out in subclause 41.5(a), the Fractional Doctor may carry-over the unused component of their CME Support Entitlement from the current financial year, as well as any CME Support Entitlement carried over from the previous financial year, into the following financial year.
(iii) The total amount of CME Support Entitlements that a Doctor may accumulate in any one financial year is capped at an amount equivalent to two years’ CME funding support at the full-time rates contained in subclause 41.1(a).
(iv) For the avoidance of doubt, if:
(A) a Doctor utilises this clause to carry-over into a new financial year any unused CME Support Entitlement; and
(B) is not prevented from utilising the accumulated CME Support Entitlements in that following financial year for any of the reasons set out in subclause 41.5(a), there will be no transfer of an...
Special Carry-over. The Chief Administrative Officer or his/her designee may, upon written recommendation of the department head, which states unique and exceptional cause, grant to an Employee the privilege of carrying over to the next year an amount of vacation in excess of that allowed by this contract. The excess granted pursuant to this section must be used by the Employee during the first three months of the year.
Special Carry-over. The City Administrator or their designee may, upon written recommendation of the department head, which states unique and exceptional cause, grant to an Employee the privilege of carrying over to the next calendar year an amount of paid leave in excess of that allowed by this contract. The excess amount of paid leave carry-over granted pursuant to this section must be used by the Employee during the first three months of the next calendar year.