Commonwealth Numbered Acts

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) ACT 1976 No. 192, 1976 - SECT 21

21. (1) For the purposes of sections 16 and 17, where an employee ceases to be
an employee-

   (a)  the rate applicable to him in relation to his long service leave;

   (b)  the rate applicable to him in relation to his long service leave
        related to his full-time service; or

   (c)  the rate applicable to him in relation to his long service leave
        related to his part-time service, immediately before he ceases to be
        an employee is the rate at which full salary would be payable to him
        in respect of his employment on the day on
which he ceases to be an employee (in this section referred to as ''the
terminating day'') if-

   (d)  he were absent from duty on the terminating day in accordance with a
        period of long service leave, long service leave related to his
        full-time service or long service leave related to his part-time
        service, as the case requires, that had been granted to him on full
        salary to commence on the terminating day; and

   (e)  on the day immediately before the terminating day he had completed the
        period of service that he completes on the terminating day.

(2) Where an employee is not employed in the same capacity on the
terminating day and on the day immediately before the terminating day,
sub-section (1) applies in relation to him as if he had been employed on the
day immediately before the terminating day in the capacity in which he is
employed on the terminating day.