Phleave

LEAVE MATTERS
PROCEDURE
MANUAL
FOR
AREA HEALTH SERVICES
AND
PUBLIC HOSPITALS
SYDNEY
AUDIT BRANCH
DEPARTMENT OF HEALTH, NSW
JULY 1982
Requests for copies of this handbook should be forwarded to
Audit Branch.
HC Publication No (MS)82 033 ISBN 0 72403 3123 5
LEAVE MATTERS
TABLE OF CONTENTS
SECTION SECTION
ANNUAL LEAVE 1
SICK LEAVE 2
LONG SERVICE LEAVE 3
FACS, PERSONAL/CARER=S AND FLEX LEAVE, SPECIAL LEAVE 4
MATERNITY LEAVE 5
CONFERENCE LEAVE 6
STUDY TIME 7
MILITARY LEAVE 8
EMERGENCY VOLUNTEERS 9
REPATRIATION LEAVE 11
LEAVE TO ATTEND TRADE UNION TRAINING COURSE 12
LEAVE AS SERVICE 13
RECORDING OF LEAVE 14
TRANSFERABILITY OF LEAVE FOR HOSPITAL STAFF 15
TRANSFERABILITY OF LEAVE FOR FORMER PUBLIC SERVANTS 16

FOREWORD
This is one of a series of Public Hospital Procedure Manuals produced as a

joint project by the Health Commission of New South Wales and the Australian
College of Health Service Administrators (NSW Branch).
Whilst the Manual reflects the current Commission policies contained in the
Consolidated Circulars that it supersedes, it must be emphasised that it is a
"live" document to which amendments will be issued on a regular basis.
Amendments should be recorded on the amendment sheet.
Suggestions are invited for amendments and should be submitted through the
appropriate channels, i.e. hospital administration, regional office.
1.1
ANNUAL LEAVE
EXTENT OF ENTITLEMENT
Annual Leave
All hospital staff (except casual, temporary or relieving Staff) are entitled
to a minimum of four weeks' annual leave in respect of each completed year of
service; however, certain categories of staff are entitled, under the
provision of their Awards, to a greater quantum than the minimum.
The Hospital Secretaries' Award prescribes that Chief Executive Officers

shall receive five weeks' annual leave, and Medical Superintendents also
receive five calendar weeks per annum.
Part-time staff are entitled to 4 weeks annual leave per year based on the
number of hours normally worked per week. It will be noted that "ordinary
pay" for all part-time employees includes the part-time allowance.
Part-Time Employees (85/53)

There are three different situations in respect of part-time employees
affecting their entitlement to annual leave.
a) where an employee is engaged on a part-time basis and the contracted

hours of work is established, although, on some occasions the employee
may work in excess of weekly contracted hours to meet some emergent
circumstances in the hospital, the employee be paid four weeks annual
leave at the contracted hours per week.
b) where an employee is engaged on a part-time basis and the contracted

hours of work is established, but in addition to the contracted hours
the employee provides full-time relief on occasions during the year,
the employee be paid four weeks annual leave at the contracted hours
per week.
c) where an employee is engaged on a part-time basis and the contracted

hours of work is established and in addition to those hours the
employee is required to work some additional hours during the year
either on a part-time basis or a full-time basis, the employee be paid
four weeks annual leave based on the average number of hours worked
each week.
13(2/92)
1.1.1
The crucial factor when considering a part-time employee's annual leave
entitlement is the basis on which the employee is engaged.
Hospitals should ensure that part-time employees are paid their annual leave
entitlement in accordance with the above principles.
Compensation for Sundays and Public Holidays

Some awards provide for full-time staff who regularly work on Sundays and
public holidays as part of their rostered hours to receive additional
compensation, up to a maximum of one week, calculated on the number of
Sundays and public holidays actually worked in their employment year; tables
and entitlements will be found in the various Awards. Terminating employees
to whom these provisions apply are entitled to a pro rata payment on
completion of services.
Compensation - Public Holidays: Hospital Employees Conditions of Employment

(State) Award
The Hospital Employees Conditions of Employment (State) Award provides that
(gazetted) public holidays shall be allowed to employees on full pay. Each
employee who is required to and does work on a public holiday, for part or
whole of a shift, shall be paid an additional one and one-half days' pay, but
does not, for that shift, receive the usual weekend or shift allowance.
However, if employees who work on a public holiday so elect, they may instead
be paid one-half day's extra pay and have one day added to their annual leave
entitlement. In this case, as above, they do not receive weekend or shift
allowances for the public holiday. An election on these lines must be made
at the beginning of each employment year and is irrevocable for that year.
Employees who are rostered off-duty on a public holiday shall receive an

extra day's pay, or an extra day added to their annual leave entitlement if
they had so elected.
Terminating Employees
Section 4(3) of the Annual Holidays Act provides that an employee whose
employment is terminated prior to the expiration of a period of twelve months
from their date of appointment or their last anniversary date of appointment
shall be entitled to a pro-rata payment for annual leave, such payment to be
calculated on the basis of one twelfth of the employee's "ordinary pay for
that period of employment".
7(7/86)
1.2
The amount to be paid is calculated as indicated hereunder:-
Under Hospital Employees' Condition of Employment (State) Award
Total of ordinary pay earned during period of employment* = $ due
12
Under Nurses' Award
Employees rostered to work on a 7 day basis
6/46 of ordinary pay for the period of employment less than 12 months together
with any day added to annual leave in accordance with sub clause ii of clause
25 Annual Leave of the Award.
Other Employees
1/12 of ordinary pay for the period of employment less than 12 months.
Together with any day added to annual leave in accordance with sub clause ii of
clause 25 Annual Leave of the Award.
Where a terminating employee is on workers' compensation payments for part of

the period since annual leave last fell due, the employee's pro rata payment in
respect of annual leave is to be calculated on the basis of one-twelfth of the
ordinary pay for the whole of the period in question. The fact that the
employee had not worked for the whole time and was in receipt of workers'
compensation for that unworked period is not relevant to the calculation of the
employee's pro rata entitlement. The employee's ordinary rate of pay for the
whole of the period is applicable.
Where awards, agreement or determination confer more favourable annual leave

entitlements that the Act, the intention and spirit of the above is to be
observed as it relates to the payment of pro rata annual leave.
It should be noted that casual, temporary or relieving staff must be paid the
monetary value of pro rata annual leave at the conclusion of each engagement.
When full-time employees (excepting Permanent Part-time Public Hospital Nurses - see
page 1.12) wish to change from full-time to part-time employment, and the hospital
accedes to this request, the request must be made in writing and the hospital should
notify them in writing that the changeover will require a termination and re-
employment. In this instance pro rata annual leave as calculated to the date of
termination of full-time employment together with pro rata compensation for Sundays
and public holidays worked in the period will be paid. No annual leave loading is
payable, because the termination is voluntary. Where such a change is made at the
hospital's request pro rata annual leave loading must be paid. Service, for payment
of annual leave loading, begins anew from the date of commencement of the new
engagement. 13(2/92)
1.3
TAKING OF ACCRUED ANNUAL LEAVE

An entitlement to annual leave does not occur until the first anniversary of
the date of commencement of employment.
Leave may be taken in more than one period during the year, but is not
permitted to accrue beyond such period as is stipulated by the Commission in
respect of each category of staff, after which leave accruing is forfeited
until the amount of accrued leave is reduced to below the cut-off point
(refer sub-section "Accumulation of Leave" [Page 1.4]).
The Annual Holidays Act (1944) provides that annual leave accrued is to be
taken within six months of its falling due, and this provision is binding
upon hospitals unless the particular Award states otherwise. Hospitals will
make every endeavour to allow each employee to take leave at or near the
anniversary of employment, but this must be subject to the convenience of the
hospital (i.e. the right is reserved to postpone or defer the taking of leave
by an employee where the welfare of the hospital, or of its patients, would
be adversely affected if the leave was taken at that time).
The purpose of annual leave is to give employees a period of recreation and

rest from the tedium of their labour for the year so that they return to work
refreshed and reinvigorated; this purpose cannot be achieved if leave is not
taken. It will be noted, too, that no payment in lieu of annual leave is
permitted except in respect of accrued leave due at the date of termination
of services.
It is necessary to give employees not less than one month's notice of the
date on which they shall enter on annual leave, and in larger establishments
it may be necessary to ensure that employees commence annual leave on the due
date as determined by their anniversary of commencement of service. In any
case, it is desirable that a leave roster be drawn up for each department so
that employees know when their period of leave is to be taken. Arrangements
should ensure that all employees receive equitable consideration over a
period in respect of school vacations.
All staff must, at least one month prior to commencement of leave, complete
an application for annual leave and had it to the department head, to enable
the leave to receive formal Board approval before commencement.
12(10/91)
1.4
ACCUMULATION OF LEAVE
The Annual Holidays Act (1944) provides that annual leave accrued is to be
taken within six months of its falling due, and this provision is binding
upon hospitals unless the particular Award states otherwise.
However, it is recognised that there may, on occasions, be sound reasons for

deferring the taking of accrued leave entitlements beyond that period (e.g.
depleted departmental staff numbers, necessity for key personnel to be
available for particular duties at specific times, etc.).
All leave entitlement accruing beyond the prescribed maximum is forfeited

(and the employee has no legal right to recover it) until the quantum of
accrued leave is reduced below the cut-off point. Commission approval for
the accumulation by an employee of accrued leave beyond the prescribed
maximum will be given only in exceptional circumstances, but such approval
should be sought whenever deferment of leave to suite the hospital's
convenience (refer above and sub-section "Taking of Accrued Annual Leave"
[Page 1.3]) renders an employee liable to forfeiture.
More specific details on the accumulation of annual leave will be found in

Appendix A (Page 1.6).
The Annual Holidays Act prescribes that approval must be given by the
Industrial Registrar for the postponement of taking of annual leave beyond
six months of the leave falling due. Requests for the postponement of annual
leave must be made prior to the six months of the leave falling due.
RECREDITING OF LEAVE
Periods of less than one week shall not be recredited for an employee who is
sick on annual or long service leave. (88/100)
Employees who are incapacitated for more than one week while on annual leave
may apply to have the period of incapacity recredited to their annual leave
entitlement and debited against their accrued sick leave entitlement, if any.
However, this provision does not apply to employees on leave prior to
retirement, resignation or termination.
24(2/97)
1.5
Such an application must be supported by a medical certificate stating the

period of incapacity, and the employee must have an untaken credit of sick
leave entitlement. Where such entitlement is less than the total of the
period for which a claim is made, the recredit of annual leave shall not
exceed the available sick leave.
REFERENCES
For all employees are:
(i) Annual Holidays Act (1944)
And also see:

Public Hospital Nurses (State) Award
Hospital Secretaries (State) Award
Hospital Employees Conditions of Employment (State)
Public Hospitals (Medical Officers) Award
Public Hospitals (Medical Superintendents) Award
And also see:

Scientific Officers (Public Hospital Dietitians) Award
Scientific Officers (Public Hospital Scientists) (State) Award
Public Hospital Occupational Therapists Award
Public Hospital Social Workers Award
Public Hospital Medical Records Librarians Award
Medical Officers - Hospital Specialists (State) Award
Public Hospital Speech Therapists Award
1.6
APPENDIX "A"
ACCUMULATED ANNUAL LEAVE - PUBLIC HOSPITALS
(EXCLUDING 5TH SCHEDULE HOSPITALS)
The Commission has reviewed the provisions relating to the Accumulation of

Annual Leave.
The majority of awards affecting public hospital employees provide that

annual leave must be given and taken within six months of it becoming due but
differing prescriptions apply in respect of deferment beyond that time. Two
exceptions to this are the Hospital Secretaries (State) Award and the Public
Hospitals (Medical Superintendents) Award.
The Annual Holidays Act provides, inter alia, that leave must be given and
taken within six months of it becoming due, provided that, with the consent
of the Industrial Registrar or Deputy Industrial Registrar, leave or part of
the leave may be postponed for a period specified by him in any case where he
is of the opinion that circumstances render such postponement necessary or
desirable (Section 3 [4]).
The Commission believes that the basic intention and spirit of the Annual
Holidays Act should be observed in public hospitals and that annual leave
should not be allowed to accumulate beyond a reasonable period, irrespective
of the provisions which may be prescribed in some Awards.
Accordingly, the Commission has decided that, as a matter of policy, public

hospitals (other than 5th Schedule Hospitals) may agree to any request to
defer annual leave up to a maximum of twelve months of it becoming due (thus
effectively giving an employee the opportunity to accrue leave up to a
maximum of two years) without reference to the Commission.
Any request to defer annual leave beyond this point is to be referred to the
Commission through the Regional Director. This already applies in the case
of the Hospital Secretaries (State) Award and is to be followed in the case
of the Public Hospitals (Medical Superintendents) Award. It should be
carefully noted that approval to defer annual leave beyond the point referred
to in the preceding paragraph will only be given in exceptional
circumstances.
1.7
It should also be noted that where the Annual Holidays Act applies (e.g.
Hospital Employees Conditions of Employment (State) Award), it will still be
necessary to apply to the Industrial Registrar for deferment beyond six
months of the leave becoming due. In making such an application the
following points should be noted:-
• the application must be made to the Industrial Registrar before the

expiry of six months after becoming due;
• the application should state when the annual leave became due and when
it is proposed that it be deferred to;
• the application should state the name of the employee, that the
employee agrees to the deferment, and set out the reason for the
deferment.
If they have not already done so, hospitals should make an urgent examination
of the leave credits of all employees so as to ensure that, where necessary,
leave accrued from previous years is directed to be taken without delay,
bearing in mind the provisions of this appendix.
Payment on Termination
The Annual Holidays (Amendment) Act which operates from 13 June 1984 provides
that on termination an employee is entitled to payment in lieu of all annual
leave not taken as required by Section 3 of the Act. It does not affect the
obligation of an employer to give, and an employee to take, annual holidays
in accordance with Section 3. It means that should annual leave not be taken
as required, an employee forfeits the right to take it at leave but retains
the right to payment in lieu of such leave upon termination.
5(4/85)
1.8
ANNUAL LEAVE LOADING
The method of calculating and paying annual leave loading should be in
accordance with the following provisions:
1. Employees, other than shift workers, shall be granted an annual leave

loading, not exceeding ($ amount varied from time to time) equivalent
to 17½% of four weeks ordinary salary.
Where annual leave is taken in broken periods the amount of annual

leave loading would be calculated as 1/20 of the maximum amount
mentioned above.
2. In this provision the Annual Holidays Act 1944, as amended, is referred
to as "The Act".
3. Before employees are given and take their annual holiday or whereby
agreement between the employer and the employee the annual holiday is
given and taken in more than one separate period, then before each such
separate period, the employer shall pay the employee a loading
determined in accordance with this clause. (Note: The obligation to
pay in advance does not apply where an employee takes an annual holiday
wholly or partly in advance - see subclause [6]).
4. The loading is payable in addition to the pay for the period of holiday
given and taken and due to the employee under the Act of an award.
5. The loading is to be calculated in relation to any period of annual
holiday to which the employee becomes entitled and where such a holiday
is given and taken in separate periods, then in relation to each such
separate period.
6. The loading is the amount payable for the period or the separate
period, as the case may be, stated in subclause (5) at the rate per
week of 17½% of the appropriate ordinary weekly time rate of pay
prescribed by award agreement or determination for the classification
in which the employee is employed, subject to the maximum amount of
loading not exceeding the amount specified in Clause 1.
7. No loading is payable to an employee who takes an annual holiday wholly
or partly in advance; provided that, if the employment of such an
employee continues until the day when he or she would have become
entitled under the Act or this award to an annual holiday, the loading
then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause (6) of the clause applying
the award rates of wages payable on that day.
1.9
8. The annual leave loading is not payable when an employee is paid the monetary
value of annual leave to the employee's credit on resignation provided that:
* For employees who transfer from one hospital to another and

wish to transfer annual leave and annual leave loading see
Section 16 Transferability of Leave for Public Service
Staff.
8.1 An employee who transfers from one hospital to another, commences duty
at the latter hospital on the next working day after leaving the former
hospital and wishes to transfer annual leave to credit which does not exceed
one year's entitlement, in lieu of payment of the monetary value of the annual
leave, shall be eligible for the annual leave loading for that year of service
as if the employee had not resigned from the former hospital.
8.2 Paragraph 8.1 shall not apply where the employee does not commence duty
at the latter hospital on the next working day after having left the former
hospital.
Where an employee has more than one year's entitlement to annual leave at the
date of transfer, such employee is to be paid the monetary value of annual
leave to credit in excess of one year's entitlement. (84/196)
9. Upon retirement or termination by the employer for any reason other than
misconduct, an employee who has qualified for an annual leave loading by
completing 12 months service but who has not taken annual leave since so
qualifying, shall be paid the loading which would have been payable had such
leave been taken.
9.1 The annual leave loading is only payable in the circumstances outlined
in paragraph 9 where the employee completes a period of 12 months continuous
service and no loading is payable in respect of periods of employment which are
less than 12 months.
10. Students and trainees who are employed for the purpose of completing a training
course leading to a qualification which allows the employee to be employed in a
trained capacity, and medical officers, who are not given the opportunity to
renew their contract of employment at the end of training period, or at the end
of the annual appointment in respect of medical officers are deemed to have
their services terminated by the hospital for a reason other than misconduct.
In these circumstances the trainee, student and medical officer is entitled to
the payment of the annual leave loading in accordance with paragraph 9 of these
provisions.
Provided that where such trainee or medical officer:

(a) has no annual leave due at the time of termination by reason of having
taken it in advance;
and
(b) did not receive any annual leave loading payment at the time of taking
such leave. 28(8/98)
1.10
then such a trainee or medical officer shall be entitled on termination to
the payment of an annual leave loading equivalent to that which would have
been received under paragraph (8) had the annual leave not been taken in
advance.
11. The effect of the paragraph 9 is that a payment of an annual leave

loading to trainees and students at the completion of the training period is
to be made where the hospital cannot employ the student or trainee in a
trained capacity.
The provisions outlined above shall only have effect in the event of a
trainee not having the accrued annual leave transferred in accordance with
the provisions of paragraphs 8.1 and 8.2.
12. Broken service during a year does not attract the annual leave loading,
e.g. if an employee resigns and is subsequently re-employed during the same
year, only the service from the date of re-employment attracts the annual
leave loading, subject to the foregoing conditions.
13. Rate of Payment: the annual leave loading is to be calculated on the

salary or wage rate payable for the leave when taken, i.e. new rates granted
by award, agreement, determination, national wage case decision, increment,
etc. during the period of leave are to be taken into account unless otherwise
prescribed by award or agreement and, if necessary, retrospective adjustment
of the loading is to be made.
The rate of payment shall not include any other allowances, penalty or
disability rates, commission, bonuses, incentive payments, overtime rates of
any other payments prescribed by this Award.
14. Part-time employees who satisfy the foregoing conditions are eligible
for the annual leave loading.
15. The annual leave loading is not payable to trainees who are paid by way
of allowance and not by salary or wages.
16. Shift Workers: unless determined otherwise, shift workers proceeding

on annual leave are to be paid in respect of leave taken the shift premiums
and penalty rates as prescribed by the annual leave clauses of their
respective awards or the annual leave loading strictly in accordance with
this determination whichever is the more favourable.
1.11
LEAVE WITHOUT PAY
GRANTING OF LEAVE WITHOUT PAY
Employees may be granted up to three years' leave without pay subject to the
following conditions:
• good and sufficient reason for the leave must be shown and the hospital
must be satisfied that the employee intends to resume duty at the
hospital on the expiration of his/her leave. The grant of such leave
is in all cases subject to the convenience of the hospital.
• in the case of superannuation contributors, satisfactory arrangements

must be made for the employee to pay his/her own contributions to the
Local Government Superannuation Fund. It is emphasised that staff
seeking leave without pay in excess of six months are required to pay
not only their own contributions but the hospitals liability for the
whole period of leave without pay. The Local Government Superannuation
Fund should be advised of approvals for the grant of leave without pay
in excess of six months to superannuation contributors.
• employees with annual leave and/or long service leave to credit may
conserve such leave when granted leave without pay.
• the conduct and services of an applicant should be satisfactory.
LOCAL HOLIDAYS
Where a proclaimed local holiday occurs during an employee's period of
absence on leave without pay, he shall not be credited with the holiday.
RECOGNITION FOR LONG SERVICE LEAVE PURPOSES

Service for long service leave purposes shall not include any period of leave
without pay except in the case of employees who have completed at least ten
years service (any period of leave without pay excluded therefrom) in which
case service shall include any period of leave without pay not exceeding six
months taken after January 1973.
SALARY INCREMENTS
Salary increments are subject to deferment by the full amount of leave
without pay taken where the period of such leave exceeds twenty-eight
calendar days. 1(5/83)
1.12
ACCRUAL OF ANNUAL LEAVE DURING PERIODS OF LEAVE WITHOUT PAY

Periods of leave without pay in excess of twenty-eight calendar days are not
to be counted as service for the purpose of accrual of annual leave.
PERMANENT PART-TIME EMPLOYMENT - PUBLIC HOSPITAL NURSES (STATE) AWARD (89/78)

It has been brought to the Department's attention that nurses when moving
between full-time and new permanent part-time employment (or vice versa) are
being asked to resign.
This practice is not in accordance with the principles of the agreement made
in 1986 when the new classification of permanent part-time was introduced
into the Award.
Any nurse moving back and forth between these two classifications are not to
have their services terminated.
Employees are entitled to transfer their leave entitlements in accordance

with the provisions under the Award and pursuant to the Permanent Part-Time
Circular 86/301 issued 8 October 1986.
The Department has determined that in respect to Annual Leave where a full-
time nurse transfers to permanent part-time they are to be requested to take
any outstanding annual leave that is owing as soon as possible. Area Health
Services/Hospitals are to ensure that nurses are able to take the leave
however, such leave must be taken within twelve months from the date of
transfer to the new employment arrangement. The leave being transferred is
to be taken and paid at the full-time weekly rate.
Employees who are employed on a permanent part-time basis who wish to take up
full-time employment are to take all accrued annual leave at the time of
transfer and prior to taking up the full-time employment.
The annual leave loading provisions prescribed in the Award are to be

continued to be applied in respect of nurses who transfer from one employment
classification to another in terms as stated above.
12(10/91)
1.13
RELIEVING HIGHER GRADE DUTY PRIOR TO TAKING ANNUAL LEAVE (94/48)
Persons who have acted continuously for one year or more in the same
higher graded position and who, due to extraordinary circumstances
continue to act in that position are eligible for payment of the
higher duties allowance for any annual leave, long service leave,
sick leave or short leave which is taken during the further period of
relief.
Please note the provisions of the Annual Holidays Act 1944 are to be
strictly adhered to and in particular the provision that annual leave
accrued is to be taken within six months of it falling due.
This determination applies to all persons employed within Area Health

Service Services, District Health Services, 2nd, 3rd and 4th Schedule
Institutions, the Ambulance Service of New South Wales, and the
Department of Health.
Any enquiries concerning this determination should be directed to the

Human Resource personnel within those authorities mentioned above.
* PUBLIC SECTOR EMPLOYEES CONTESTING ELECTIONS (2002/116)
This Circular rescinds and replaces Circular 98/7, and applies to all
employees of the Department of Health, the Health Administration
Corporation, and public health organisations as defined under section
7 of the Health Services Act 1997 (including Area Health Services,
Corrections Health Service, and the Children’s Hospital at Westmead),
and the Ambulance Service of New South Wales.
This Circular updates information for public employees contesting

State elections only.
The provision for State elections has been updated to reflect s102 of
the new Public Sector Employment and Management Act 2002.
The provision for public employees contesting Federal elections

remains unchanged.
Public Sector Employees Contesting State Elections
Any employee intending to contest a state election must in the first

instance notify his or her Director-General/Chief Executive Officer.
If a person in any public sector service, including health services,

is nominated for election to the Legislative assembly or Legislative
Council, then he/she is to be granted leave of absence until the day
on which the result of the election is declared;
If the person is elected, then he/she is required to resign from the

public sector service concerned.
Unless the person is entitled to leave with pay (and duly applies for
such leave), any leave of absence under this section is to be leave
without pay.
35(3/03)
1.14
*
In order to avoid potential conflict between political interests and
public employment, it would be preferable for employees to take leave
for election campaigning purposes from, and including, the day of
nomination for the election.
Attention is drawn not only to the above legislative provision, but

also to provisions of the Model Code of Conduct for NSW public
agencies (issued by Premier’s Department – May 1997) with respect to
political participation:
“Employees must make sure that any participation in party

political activities does not conflict with their primary duty
as a public employee to serve the government of the day in a
politically neutral manner.”
It is a requirement for all public sector agencies, including health

services, to have their code of conduct conform with the above.
Public Sector Employees Contesting Federal Elections
The conditions under which a public sector employee may contest

Federal elections are prescribed by Section 44(iv) Australian
Constitution which states:
"Any person who ... holds any office of profit under the Crown
... shall be incapable of being chosen or of sitting as a
senator or a member of the House of Representatives."
This has been interpreted to mean that Government employees must

resign from their positions before they can nominate for election to
the Commonwealth Parliament
Any employee intending to contest a Federal election must, in the

first instance, notify his or her respective General Manager or Chief
Executive Officer.
The last day of service must be no later than the day prior to the
closing date for nominations.
The New South Wales Public Service (Commonwealth Elections) Act 1943
provides that a public sector employee who resigns to contest a
Federal election and fails to be elected, is entitled to be re-
appointed to a position at a remuneration level and under conditions
that are not less favourable than before, provided:
a. the resignation took effect within 3 months of the date of the

election;
b. the resignation stated an intention to contest the election;
and
c. the employee makes written application for re-appointment
within 2 months of the declaration of the poll.
Where a public sector employee is re-appointed, the period between

the dates of resignation and re-appointment is to be regarded as
leave without pay. The monetary value of recreation or extended leave
credits paid on resignation may be:
35(3/03)
1.15
*
a. retained; or
b. applied in whole or part to the period of leave without pay;
or
c. refunded to re-establish leave credits, according to the
preference of the person concerned.
Any enquiries concerning this matter should be directed to the

relevant Human Resource personnel in the Area Health Service. Only
Human Resource personnel from Health Services are to contact the
Department direct.
35(3/03)
SICK LEAVE 2.1
* MANAGING SICK LEAVE: POLICY GUIDELINES AND LEAVE ELIGIBILITY (2003/10)
These policy guidelines apply to public health organisations as defined under section 7 of the Health
Services Act 1997 (including Health Services, Corrections Health Service, and Children’s Hospital at
Westmead), and the NSW Ambulance Service. They do not apply to employees of the Department of
Health.
The document rescinds Chapter 2, “Sick Leave”, in the Leave Matters Manual for Area Health Services
and Public Hospitals and incorporates the provisions contained in it. The document should be read in
conjunction with relevant awards.
The document also rescinds:
• Leave Matters Manual for Area Health Services and Public Hospitals, Chapter 2, “Sick Leave”,
July 1982.
• Employees on Long Term Sick Leave in Public Hospitals, Circular No 94/126, NSW Department of
Health.
• Sick Leave – Second, Third and Fourth Schedule Hospitals, Circular No 82/373, NSW Department
of Health.
• Supervision of Sick Leave – All Staff, Circular 84/20, NSW Department of Health
• Supervision of Sick Leave – All Staff, Circular 86/322, NSW Department of Health
The impact of sick leave absence is significant both on the individual employee and the employer
organisation. Frequent or prolonged sick leave absences usually indicate a deterioration in an employee’s
general well-being, and may also affect his/her financial situation, career prospects, and relationships. For
the employer, the effects range from increased financial cost to disruptions in service provision.
Management has a responsibility to minimise the negative effects of sick leave on both individual
employees and the Health Service as a whole.
Current national and international better practice involves an active management approach to sick leave
absences. This document promotes such an approach and is based on the following key factors:
• A commitment to the health and well-being of all employees

• Procedural fairness
• Active monitoring of sick leave to both manage individual cases, and identify and manage systemic
causes of sick leave
• The need to consider the specific circumstances of each case
• The need to support employees in reconciling their work obligations and private commitments
• Management accountability
The document aims to assist Health Services in developing local procedures for the sensitive and effective
management of sick leave by their employees. The attached Audit Checklist should be used to review
current Health Service strategies and procedures in light of identified good practice. Health Services are
required to comply with the minimum standards set in the Policy and Better Practice Guidelines section.
Inquiries in relation to this circular should be directed to Health Service Human Resource staff. Only
Human Resource staff from Health Services should contact the Department.
35(3/03)
SICK LEAVE 2.2
TABLE OF CONTENTS
ABOUT THIS DOCUMENT
Introduction
Responsibility
Authority
Version
Updates and feedback
Related NSW Health Policies
Related Industrial Instruments
Related legislation
Additional references/resources
INTRODUCTION
Purpose and scope of these guidelines

Definitions
1. SICK LEAVE ELIGIBILITY
1.1 About this section

1.2 Applicability
1.3 Eligibility and accrual
1.4 Payment for sick leave taken
1.5 Special sick leave for bone marrow donors
1.6 Workers Compensation issues
1.7 Claims for damages or compensation other than Workers Compensation
2. POLICY AND BETTER PRACTICE GUIDELINES
2.1 Policy statement

2.2 Procedures
2.3 Roles and responsibilities
2.4 Information systems and reporting
2.5 Recruitment and orientation
2.6 Education and training
2.7 Strategies for supporting attendance at the workplace
2.8 Notification of absences
2.9 Evidence of sickness or incapacity
2.10 Review points for absence review
2.11 Long-term illness/injury or serious incapacity
2.12 Procedural fairness and counselling, warnings, and disciplinary action
2.13 Return-to-work interviews
3. AUDIT CHECKLIST

3.2 Policy and procedures
35(3/03)
SICK LEAVE 2.3

35(3/03)
SICK LEAVE 2.4
ABOUT THIS DOCUMENT
Introduction
NSW Health employees are eligible for sick leave when ill or injured, or, in certain cases, when looking
after ill or injured family members. However, there are instances where employees seek to access sick
leave under the pretext of illness, although the real reasons for their absences are not connected with ill
health.
Each type of absence requires active management strategies by managers/supervisors to ensure that:
• in line with the requirements of the Occupational Health and Safety Act 2000, employees who are ill
or injured do not pose a risk to their own health, safety or wellbeing, or those of others at the
workplace;
• there is minimum disruption to service provision, and organisational viability is secured; and
• employee entitlements are appropriately managed.
This document has been developed, in consultation with both employer and employee representation, to
provide NSW public health organisations with sick leave eligibility guidelines, and a policy framework and
suggested procedures for the management of sick leave absences by their employees.
Responsibility
This document has been prepared by the Employee Relations Division, NSW Department of Health in
consultation with representatives of Health Services and Health unions and professional associations.
Authority
It is a condition of subsidy under the Accounts and Audit Determination that Health Servic es comply with
the minimum standards set in this Circular. The bolded and framed statements at the beginning of each
sub-section in the Policy and Better Practice Guidelines section should be considered minimum standards
for Health Service procedures.
Version
January 2003
Updates and feedback
This document will be updated to reflect any changes to legislative and policy requirements. Feedback is
welcome and should be directed to the Director, Employee Relations, NSW Department of Health.
Related NSW He alth Policies
A Framework for Managing the Disciplinary Process in NSW Health, Circular 2001/112
A Framework for Recruitment and Selection, Circular 2001/74
Employment Health Assessment Policy and Guidelines, Circular 2000/89
Joint Management and Employee Association Policy Statement on Bullying, Harassment and
Discrimination, Circular 2001/109
Managing for Performance: A Better Practice Approach for NSW Health, Circular 2000/68
Mature-aged Workforce Policy, Circular 98/113
Orientation Policy for NSW Health, Circular 2000/91
Personal Carer’s Leave, Family and Community Services Leave, Circular No. 97/11
35(3/03)
SICK LEAVE 2.5
Policy Framework and Better Practice Guidelines for the Development of Employee Assistance Programs
(EAPs), Circular 2000/42
Policy Framework and Best Practice Guidelines for the Development of Health Service Grievance
Management Systems, Circular 99/45
Policy for Flexible Work Practices, Circular 96/4
Public Sector Staff Mobility, Circular No. 96/71
Public Hospital Nurses’ (State) Award, Public Hospital (Professional and Associated Staff) Conditions of
Employment (State) Award and Public Hospital Scientists’ (State) Award – Annual Leave and ADOs,
Circular No 95/17
Second/Third Schedule Hospitals and Area Health Services – Hospital Payroll Procedures – Agreement
with Health & Research Employees’ Association, Circular No 89/111
Related Industrial Instruments
All Industrial Awards, Agreements and Determinations applicable to employees within the NSW Health
System.
Related legislation
Anti-Discrimination Act 1977 (NSW)

Disability Discrimination Act 1992 (Commonwealth)
Health Administration Act 1982 – Schedule 3
Industrial Relations Act 1996 (NSW)
Occupational Health and Safety Act 2000 (NSW)
Privacy and Personal Information Protection Act 1998 (NSW)
Workers Compensation Act 1987 (NSW)
Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Workers Compensation Legislation Amendment Act 2001 (NSW)
Additional references/resources
Best Employment Practice: An essential guide to recruitment and termination issues in NSW, NSW
Department of Industrial Relations, 1998. – extract and on-line purchasing available at
http://www.dir.nsw.gov.au/workplace/practice/recruit.html
Managing Attendance in the Public Sector: Putting Best Practice to Work, United Kingdom Cabinet
Office, March 1999. – available at http://www.cabinet-office.gov.uk/eeg/1998/attend.pdf
Managing and Supporting Attendance at Work – Policy Framework, Premier’s Department New South
Wales, January 2000. – available through http://www.premiers.nsw.gov.au/ , click “Other Publications”
Get Better Soon – The Management of Sickness Absence in the WA Public Sector, Office of the Auditor-
General of Western Australia, August 1997. – available at
http://www.audit.wa.gov.au/reports/report97_05.pdf
Performance Audit Report: Management of Sickness Absence New South Wales Public Sector, Volume 1:
Executive Briefing, Audit Office of New South Wales, August 1998. – available at
http://www.audit.nsw.gov.au/repperf.htm
Performance Audit Report: Management of Sickness Absence New South Wales Public Sector, Volume 2:
The Survey – Detailed Findings, Audit Office of New South Wales, August 1998. – available at
http://www.audit.nsw.gov.au/repperf.htm
Rehabilitation and Retention – What Works is What Matters, Summary Report, Trades Union Congress, UK,
July 2002 – available at http://www.tuc.org.uk/h_and_s/tuc-5266-f0.cfm
Revised ‘Fitness to Continue Procedures’ Memorandum 2001-11, Premier’s Department of NSW -
available through http://www.premiers.nsw.gov.au/ , click “Circulars and Memos”
Sickness Absence Policy Circular 2000-16, Premier’s Department New South Wales. – available through
35(3/03)
SICK LEAVE 2.6
http://www.premiers.nsw.gov.au/ , click “Circulars and Memos”

Working Well Together: Managing Attendance in the Public Sector, United Kingdom Cabinet Office, June
1998.
INTRODUCTION
Purpose and scope of these guidelines
These guidelines have been developed to assist Health Services in developing local procedures for the
sensitive and effective management of sick leave taken by employees within Health Services.
The document is presented in three parts:
PART 1. Sick Leave Eligibility – this section sets out sick leave entitlements in the NSW Health System,
under the relevant legislative and award framework. (NB: The sick leave provisions for Department of
Health staff are covered by separate legislative provisions and guidelines).
PART 2. Policy and Better Practice Guidelines – this section provides guidance in the management and
monitoring of sick leave, and should be used to review current Health Service management practices and
to promote discussion on ways to more effectively manage attendance and sick leave of employees.
PART 3. Audit Checklists – these are designed to assist in determining how current practices compare to
the identified better practices incorporated into the policy. It may be useful to read this section ahead of
Parts 1 and 2.
Definitions
NSW Health refers collectively to public health organisations as defined under section 7, and listed in
Schedules 1, 2, and 3, of the Health Services Act 1997 (including Health Services, Corrections Health
Service, and the Children’s Hospital at Westmead), and the NSW Ambulance Service.
A Health Service refers individually to a public health organisation as defined under section 7, and listed
in Schedule 1, 2, or 3, of the Health Services Act 1997 (including Health Services, Corrections Health
Service, and the Children’s Hospital at Westmead), or the NSW Ambulance Service.
Procedural Fairness refers to the right of the employee to:
• be fully informed of any issues or concerns about their employment;

• have a fair hearing at all times;
• present information to support their circumstances;
• objective decision-making about their employment based only on relevant material.
35(3/03)
SICK LEAVE 2.7
1. Sick Leave Eligibility
This section sets out sick leave eligibility provisions that form the basis for the better practice guidelines
outlined in the Part 2 of this document.
The aim of these provisions is to ensure that sick leave is granted to employees only in circumstances of
genuine illness.
1.2 Applicability
The provisions of relevant industrial instruments must be observed in relation to the eligibility of employees
for the grant of sick leave.
The following applies to employees of organisations defined under the Health Services Act 1997.
Management and employees of the Ambulance Service of NSW should also refer to the relevant Award
and local procedures regarding eligibility, accrual and payment of sick leave.
1.3 Eligibility and accrual
An employee is eligible for paid sick leave when the employee:
• is incapacitated for the performance of duties by a physical or psychiatric or psychological illness; an

injury; or an illness or injury associated with pregnancy or childbirth (but not pregnancy/childbirth
itself),
• risks further impairment to his/her health by reporting for duty,
• undergoes treatment by a registered health service provider as specified under ‘Medical Certificates’ in
section 2.9, where an appointment could not be obtained outside the normal working hours of the
employee; or the treatment was urgently needed; or the employee is attending legitimate therapy,
training, counselling or rehabilitation (eg for a disability, injury or accident, alcohol/drug or gambling
dependency, post-traumatic shock, or comparable condition), and provides evidence of need and of
attendance
• would, as determined by the Health Service under the advice of a registered medical practitioner,
jeopardise the health, well-being or safety of others by his/her presence in the workplace, for example
by exposing other employees to a communicable disease, or
• is required to provide care for another family member who is ill or injured. In this case, sick leave can
be accessed as Personal/Carer’s Leave1 .
First three months of service
Any absence for reasons of sickness or incapacity in the first three months of employment will be
regarded as sick leave without pay. This will not apply where an employee is able to transfer entitlements
under the provisions and procedures of Circular 96/71 (Public Sector Staff Mobility) as varied from time
to time.
1 Refer to the Industrial Relations Commission of NSW decisions in relation to Personal/Carer’s Leave and the provisions of the
Department of Health Circular 97/11.
35(3/03)
SICK LEAVE 2.8
Employees who transfer from one Health Service/health facility to another without a break in service2 may
transfer the accumulated balance of sick leave to their credit at the time of transfer. Accumulated balances
should be transferred in writing using the ‘Details of Previous Employment’ form and duly certified by a
senior officer of the former employer. Sick leave transferred in this manner is immediately available
without a further qualifying period.
There is no provision for the back-pay of sick leave taken in the first three months of service once the
employee becomes eligible for paid sick leave.
After the first three months of service
Employees become eligible for a full year’s entitlement of paid sick leave on the first day of the fourth
month of employment. In subsequent years further paid sick leave is available on the anniversary of
employment.
Paid sick leave is cumulative and there is no limit to the total accumulation. The monetary value of
accumulated paid sick leave is not payable on termination.
Full time employees
Individual awards must be consulted to determine the amount of paid sick leave available for each
classification of staff. In summary the extent of current eligibility is listed in the following.
Award Eligibility
Health Employees Conditions of Employment (State) Radiographers including trainees – 70 rostered
Award ordinary hours per year of continuous service
All other classifications – 76 rostered ordinary
hours per year of continuous service
Hospital Scientists (State) Award 76 rostered ordinary hours per year of continuous
service
Public Hospitals (Professional and Associated Staff) 76 rostered ordinary hours per year of continuous
Conditions of Employment (State) Award service
Public Hospital (Career Medical Officers) (State) 14 calendar days per year of continuous service
Award
Public Hospital (Medical Officers) Award 76 ordinary hours per year of continuous service
Public Hospital (Medical Superintendents) Award 10 days per year of continuous service
Public Hospital Nurses (State) Award 76 rostered ordinary hours per year of continuous
service
Public Hospital Employees’ Skilled Trades (State) 76 ordinary hours per year of continuous service
Award (note: in this award, although a standard working
day is 8 hours, 7.6 hours of sick leave is deducted
per day)
Salaried Senior Medical Practitioners (State) Award 10 working days per year of continuous service
2 For a definition of ‘service without a break” or “continuous service”, please refer to relevant awards. Where awards do not provide a
definition, ‘service without a break’ is defined as the employee starting service with the next employer on the next working day, or within a
‘reasonable period’ covered by approved leave.
35(3/03)
SICK LEAVE 2.9
Transferred Public Service Employees
For NSW Public Service employees transferred to the NSW Public Hospital system as a consequence of
the transfer of their positions, please refer to Schedule 3 of the Health Administration Act 1982 for sick
leave eligibility and accrual.
Part-time employees
Part-time employees are eligible for paid sick leave on a pro rata basis.
Temporary employees
Temporary employees have no entitlement to paid sick leave.
Casual employees
Casual employees have no entitlement to paid sick leave.
1.4 Payment for sick leave taken
All employees
Sick leave is to be paid at the ordinary rate of pay. Penalty rates (including public holiday penalties), shift
allowances, and any other additional allowances are not to be included in payment for sick leave.
However, the Public Hospital (Career Medical Officers) (State) Award and Public Hospital (Medical
Officers) Award provide that full pay for the purpose of sick leave includes uniform allowance (please
refer to these awards for further information).
In addition, for employees employed at any public hospital prior to 5 September 1963, who continue to be
so employed from that date, full pay for the purpose of sick leave includes a Service Allowance, where
such Allowance is presently paid.
Part-time employees
Part-time employees who receive a part-time loading are entitled to their part-time loading on any paid sick
leave. The part-time loading is also payable where an employee rostered to work a weekend shift takes paid
sick leave (the weekend penalties are not payable).
Public holidays
An employee who is rostered for duty on a public holiday but takes sick leave is not entitled to any of the
usual benefits associated with public holidays. If the employee is eligible for paid sick leave, he/she will be
paid one day’s sick leave, and his/her sick leave balance will be debited for the number of rostered hours.
Debit of sick leave – 38 hour week
For staff employed under a thirty-eight-hour week agreement, sick leave is credited at 76 hours per year.
For all staff other than those employed under the conditions of the Public Hospital Skilled Trades (State)
Award, leave is to be debited on the basis of the actual hours worked. In addition, subject to special
conditions detailed in Circular 89/111 and Circular 95/17, a further 4 hours sick leave may be available.
In summary, once the 76 hour entitlement has been exhausted in any one year and no entitlement has been
carried over from previous years, an additional 4 hours is to be paid even though no credit exists. This is
35(3/03)
SICK LEAVE 2.10
considered to be special sick leave and will not affect the subsequent year’s entitlement, ie it is not sick
leave in advance.
Staff employed under the Public Hospital Skilled Trades (State) Award will be credited with 76 hours of
sick leave per year and will be debited at 7.6 hours per day. (Please note that time towards an
allocated/rostered day off still accrues at 0.4 hours per day during sick leave.)
1.5 Special sick leave for bone marrow donors
The Director-General has determined that a grant of special sick leave (as a separate entitlement from sick
leave) will apply in the following circumstance:
Bone marrow donors
NSW Health employees who are listed on the Australian Bone Marrow Donor Registry and are called upon
to donate bone marrow, or who may not be listed on the Registry, but are required to donate bone marrow
for a family member, may be granted special sick leave for the ordinary working time lost in attending
bone marrow donation procedures.
Special sick leave in this instance should be limited to 5 days on each occasion and is subject to the
production of a medical certificate.
Additional leave, if required, may be accessed from leave credits for sick leave, annual leave or long
service leave, or taken as leave without pay.
1.6 Workers Compensation issues
Where an employee suffers a work-related injury or illness, and he/she is entitled to Workers
Compensation, sick leave should not be used as a substitute for Workers Compensation.
The new Workers Compensation Legislation Amendment Act 2001 took effect on 1 January 2002. Weekly
payments should now commence within 7 days of the receipt of the initial Notification of Injury, prior to
the acceptance of claim liability by the employer. Payments can be made for a period of up to 12 weeks.
Annual or sick leave entitlements may be utilised from when absence commences until Workers
Compensation payments commence. Once payments have commenced, leave used shall be reinstated.
1.7 Claims for damages or compensation other than Workers Compensation
An employee who suffers an illness or injury which may give him/her a right to claim damages or
compensation (other than Workers Compensation in relation to Third Party etc.) is required to reimburse
the Health Service/facility for the monetary value of any sick leave granted for that illness or injury.
Before an employee is granted sick leave under the above circumstances, he/she must complete a written
undertaking to include in any general claim for damages a claim for the monetary value of the said sick
leave.
35(3/03)
SICK LEAVE 2.11
There have been occasions where claims for damages have not included claims for the monetary value of sick
leave granted, despite the employee giving a written undertaking to reimburse the Health Service/facility.
Consequently, employees have objected to reimbursing the Health Service/facility out of damages recovered
for personal losses.
This situation can be avoided by advising the employee to inform his/her solicitor that a written
undertaking to repay the Health Service/facility for the monetary value of sick leave exists, and that a claim
for this amount should be included in the overall claim for damages.
Where an employee reimburses the monetary value of any sick leave granted, he/she shall have the amount
of sick leave reinstated to his/her sick leave credits.
Suggested statement format for undertaking to refund monetary value of sick leave
In the event of any damages or compensation being recovered by me, either in a contested
action, or by way of settlement of any claim made in respect of an accident which occurred
on (insert date), involving myself and (insert name of defendant), I undertake to refund to
the (insert name of Health Service) the monetary value of sick leave granted to me as a
result of the injuries or illness sustained in the accident.
I understand that, should any damages or compensation received by me represent a

reduction from those which would have been received but for any contributory
negligence, the Health Service may, at its discretion, reduce the amount of the monetary
value of the sick leave required to be repaid as a result of this undertaking.
Signature Date
2. Policy and Better Practice Guidelines
2.1 Policy statement
NSW Health Services are to develop and implement strategies and procedures for the effective
and sensitive management of sick leave absences by their employees. Such strategies and
procedures will aim to ensure the health, safety and wellbeing of all people at the work place;
encourage attendance at work and support employees in fulfilling their work commitments;
and ensure that sick leave entitlements are appropriately handled.
The following guidelines provide assistance in meeting the requirements of the NSW Health policy.
The framed statements in each section should be considered minimum standards for Health Service
procedures.
2.2 Procedures
Health Services will ensure that written procedures exist for the management of sick leave in
line with the above state-wide policy, and that the procedures are clear, concise, widely
distributed, and well communicated in each Health Service.
35(3/03)
SICK LEAVE 2.12
Sick leave procedures implemented by Health Services should be based on the following principles:
• a commitment by the management of the Health Service to the health, safety, and wellbeing of all
employees
• involvement of and consultation with employees of the Health Service in the development of the
procedures
• fair application across the Health Service
• an emphasis on the need to consider and be sensitive to each employee’s particular circumstances
• effective communication among Health Service management and employees regarding roles,
responsibilities and procedures, facilitated through orientation, training, and other education.
Written procedures should reflect that employees are eligible for sick leave under certain conditions (as
defined in Part 1, Sick Leave Eligibility) rather than automatically entitled to it.
Written procedures should detail the general steps to be followed in managing sick leave. They should
have the flexibility to deal with the particular circumstances of each case. Part 1 of the document, Sick
Leave Eligibility, provides a starting point for the development of procedures. All employees should be
made aware of the procedures.
Health Services shall ensure that the roles and responsibilities of the parties involved in
absence management are clearly and concisely defined throughout the Health Service. This
will ensure a consistent and fair approach to the management of sick leave.
The roles and responsibilities related to sick leave management may be defined at each level of the Health
Service as follows:
Employees
Employees have a responsibility to attend duty in accordance with the industrial instrument or employment
contract applicable to them. When they are not able to do this, they are responsible for notifying absences
in accordance with the required procedures.
All employees have an obligation under the Occupational Health and Safety Act 2000 to take reasonable
care for the health and safety of people at work who may be affected by his/her acts. Where an employee
has an illness that may be passed on to others (particularly in areas such as direct patient care or food
preparation), or an injury that may affect the safety of others, the employee should stay away from work
until no longer posing a risk to the health or safety of others.
Supervisors/Managers
Supervisors and line managers are responsible for the day-to-day management of employees’ sick leave.
As employer representatives, supervisors and line managers must ensure the health, safety and welfare of
employees in accordance with the Occupational Health and Safety Act 2000. Where they are concerned
that an employee’s illness or injury poses a risk to the health or safety of the employee or others at the
workplace, they must take appropriate action. In such cases, the employee should be requested to seek
medical advice; or, where the employee refuses to, or the Health Service feels a second opinion is needed,
the employee should be referred to a health assessment.
35(3/03)
SICK LEAVE 2.13
An employer may direct an employee to proceed on sick leave on the advice of a registered medical
practitioner, or where the employer considers that there may be a health risk to the employee, other
employees or the public by that employee remaining at the workplace for the time it takes to obtain medical
advice. Other options that may be considered to cover for the time spent away from the workplace include
‘special leave’, short-term ‘working from home’ arrangements, or allocation of the status of ‘on-duty, but
not required to attend’ for the period of absence (Health Services should be mindful of their OH&S
responsibilities with the last two options). Where the direction had not been necessary on medical grounds,
any sick leave taken is to be reinstated.
Supervisors and line managers are to ensure that employee absence records are accurate and complete,
and monitor the sick leave levels of employees reporting to them. They are expected to distinguish
between incidents of chronic illness and patterns of unacceptable sick leave absences, and use appropriate
strategies to manage each.
Senior Management
The obligations imposed on employers under the Occupational Health and Safety Act 2000 also apply to
senior management. Senior management are also responsible for the management of systemic issues
affecting sick leave levels through periodic monitoring of sick leave; identifying and analysing trends or
significant variations in sick leave absences by teams/departments, occupational groups, gender, age, job
shifts; and initiating action as required.
Chief Executive Officers
Chief Executive Officers provide overall direction for the policy, procedures and management of sick
leave, taking into consideration the employer responsibilities under the Occupational Health and Safety
Act 2000. They should conduct, at regular intervals, a review and comparison of sick leave across the
Health Service and to other Health Services, and take appropriate action.
Human Resources Departments
Human Resources Departments of Health Services are responsible for the coordination of the management
of sick leave, while ensuring that the employer obligations under the Occupational Health and Safety Act
2000 are met. These Departments should:
• develop, review and administer local sick leave procedures in line with state-wide policy
• ensure that the Health Service has a system which provides the necessary information for the effective
and efficient management of absences
• provide training, advice and support to senior management and line managers, and to employees
• be involved in cases of long-term and frequent short-term absences. In the case of excessive and
unsubstantiated short-term absences Human Resources departments may be involved in disciplinary
procedures in cooperation with the line manager. In the case of long-term absences the Human
Resources department and the line manager should agree on a process for maintaining contact with
the absent employee, including the frequency of contact.
• undertake benchmarking, and provide advice to the Chief Executive Officer
35(3/03)
SICK LEAVE 2.14
In accordance with the roles and responsibilities detailed above, Health Services should establish
expectations with all managers regarding strategies for managing sick leave absences appropriately. It
should also be recognised that managers provide a role model for other employees in relation to sick leave
absences, and may require skilling and support in fulfilling this role.
Health Services should establish appropriate systems and procedures to track and report
absence levels and trends. Absence levels should be monitored and reviewed regularly by
managers/supervisors, senior management and the Chief Executive Officer, and reported to
the Health Service Board on an annual basis.
The information systems currently in use within the NSW Health system do not facilitate Health Service
compliance with all the provisions of this section at this stage. Health Services are encouraged to explore
the full range of functionality of existing systems, including a combination of IT and manual collation
methods, if necessary.
A Working Party will be established to develop standard formulas for data collection and reporting in line
with these best practice guidelines, and to inform decision making in relation to the future development of
Health Service/state-wide information systems.
Health Services should collect data that will assist them in absence management. The following should be
recorded for each employee:
• paid sick leave

• sick leave without pay
• personal carer’s leave paid as sick leave
• other forms of leave (eg annual, long service leave) taken to cover for sickness absence.
It is essential that data collected is complete and accurate in order to maintain data integrity and to ensure
that management action is based on correct information.
Information requirements and access must be linked to the roles and responsibilities of staff within the
Health Service. Appropriate systems/processes must be put in place to provide managers with appropriate
information to manage their responsibilities:
• Supervisors/line managers require day-to-day information about sick leave absences and levels for
employees/teams under their supervision for monitoring and review. The data collected must be such
that it can demonstrate the number of occasions of sick leave, patterns and trends in sick leave taken,
the length of any sick leave occasion, and whether medical certificates were produced.
• Senior management and the Chief Executive Officer require information to assist them in
benchmarking and comparison of sick leave levels and trends within and between Health Services.
Reports should, as a minimum, demonstrate total sick leave per full-time equivalent employee and
occasions of sick leave taken in a defined period.
Such information should be analysed at various levels of the Health Service, eg individual, unit,
department, and Health Service wide, as well as by each major occupational category, eg medical,
nursing, clerical, maintenance, etc. Analysis of trends may, in some instances, reveal patterns of
35(3/03)
SICK LEAVE 2.15
sick leave that may highlight problems with management or morale at particular workplaces or among
particular occupational groups. For example, high sick leave levels coupled with high annual leave or
long service leave balances may indicate excessive work loads, where staff may not be permitted to
take leave and access sick leave instead. Seasonal patterns may also become evident through such
analysis.
• In order to perform their support and advisory role, Human Resources Departments must have access
to reports on the sick leave levels of individual employees, as well as comparative reports with an
appropriate level of aggregation for units/departments and the Health service.
• Health Service Boards must be provided with reports on the Health Service sick leave levels annually.
Health Services must ensure that all new employees are made aware of the sick leave policy
and procedures, and expectations regarding attendance and reporting of illness.
Recruitment and selection procedures must ensure that positions are filled on the basis of merit, with
supplementary information being sought from referees on the employees’ service history, performance
and behaviour at work, including their attendance records. Prospective employees must be given the
opportunity to disclose information regarding any health factors that may interfere with their ability to
perform the inherent requirements of a position, and require the Health Services to make reasonable
adjustment.
At job induction, new employees should be made aware of the Health Service’s positive attitude towards
attendance, and provided with information on the procedures for managing sick leave, and on the
responsibilities of employees in relation to sick leave.
All employees should have access to a copy of the Health Service’s sick leave procedures.
All employees and management should be provided with appropriate education, training,
advice and support in the application of the policy, absence procedures, and the appropriate
handling of related situations.
For employees
Employees should be made aware that the sick leave procedures:

• are fair, equitable, and applied consistently across the Health Service
• define both management and employee responsibilities in relation to the policy
• assign responsibility for action at each procedural stage
• begin at the commencement of each absence, not just when an ‘unacceptable’ level has been reached
• have the flexibility to deal with the individual circumstances of each case
• provide opportunities for the employee to provide relevant information on his/her absences.
35(3/03)
SICK LEAVE 2.16
For managers
Supervisors and managers should be provided with the skills necessary to manage sick leave
in an effective, yet sensitive manner. The appropriate education, training, advice and support
from the Human Resources department will:
• ensure that managers at all levels understand the need for a commitment to the health,
safety and welfare of every employee
• ensure that the sick leave policy and procedures are applied consistently, fairly and in a
supportive way across the Health Service
• ensure flexibility in dealing with the individual circumstances of each case
• provide guidance in conducting return-to-work, follow-up and, where appropriate,
disciplinary interviews
• help managers to identify appropriate review points
• provide guidance on the range of management options available.
It is recommended that demonstrated skills in these areas form part of the competency
requirements for all supervisors and managers.
Health Services should develop strategies for promoting health and safety and encouraging
attendance at the workplace. Such strategies should recognise that hidden factors either within
or external to an employee’s workplace may contribute to sick leave absences. Ongoing
monitoring should take place to measure the effectiveness of such strategies.
Health Services should consider developing strategies to identify and address factors that may
detrimentally affect employee attendance levels at the workplace. Such factors may be either
internal or external to the working environment, or a combination of both, and may cause
some employees to absent themselves from work under the pretext of illness.
Work -related factors that may affect an employee’s physical or mental well-being require
attention under the Occupational Health and Safety legislation. Some work-related factors
include morale problems, lack of motivation, or stress due to instability, change and
insecurity, problematic interpersonal relationships, unmanageable workloads, or unaddressed
occupational health and safety or security risks.
Analysis of sick leave levels and trends will provide a starting point for identifying areas
(units/facilities, occupational/age/gender/salary groups, particular times or days) that need
attention. Causes of sickness absence can be investigated by means such as organisational or
climate surveys, or focus groups.
Non-work related factors that may cause employees to access sick leave for reasons not
connected with ill health may include having to deal with a domestic problem or carry out
urgent tasks at home. Return-to-work interviews may reveal such reasons for sick leave.
Strategies for encouraging attendance should promote a workplace culture which

• is based on equity and procedural fairness
• relies on effective two-way communication
35(3/03)
SICK LEAVE 2.17
For example, Health Services should

o consider facilitating discussion with employees on reasons for sick leave; the effect of absence
on other employees and the Health Service as a whole; and the sick leave policy and procedures
and how they are best applied in individual management units
o consult employees/unions in the development of local sick leave procedures
• encourages realistic productivity and performance management outcomes
• demonstrates management interest in employee job satisfaction and motivation, for example through
training opportunities, job redesign, job rotation or peer support
• provides for as much flexibility in work design and organisation as is operationally feasible
For example, where operationally feasible, Health Services should allow staff to take short periods of
other forms of leave at short notice, including annual leave and Family and Community Service
(FACS) leave.
• demonstrates management commitment to the physical and emotional wellbeing of all employees
For example, Health Services should
o promote occupational health and safety to reduce work risks and improve working conditions
o support employees with any problems that affect their work, for example through counselling
services (such as Employee Assistance Programs) or on-the-job training and mentoring
o support employees during and after long-term absence due to illness or injury, for example by
regular contact (both to demonstrate concern for the employee’s wellbeing and to keep the
employee informed of workplace news), and, where operationally feasible, by facilitating an
easy return to work (eg gradual return or changed duties on return)
Health Services may also wish to consider providing
o health and fitness activities, eg lunch time yoga or touch football (please note that appropriate
risk management strategies should be applied to such activities to ensure the safety of all
participants); and/or
o health awareness programs on issues such as drug and alcohol abuse, smoking, exercise and
diet, heart problems, cholesterol, or stress management.
Support strategies should be constantly monitored to assess their effectiveness in reducing unwarranted
absences at the workplace.
Health Services must ensure that clear procedures are in place for the notification of sick
leave absences.
Specific requirements regarding the notification of absences are contained within the various Awards.
Employees are required to take all reasonable practicable steps to inform the employer of their absence
from work. To minimise disruption to service provision, notice should be provided prior to or at the
beginning of the shift wherever possible.
Health Services must ensure that local procedures are clear as to who the absence is to be reported to (eg
leading hand, supervisor, manager), what method of certification is required (eg medical certificate), and
what other information is required (eg duration of the absence).
35(3/03)
SICK LEAVE 2.18
Health Services must detail in local procedures when medical certificates will be required and
what information they should contain.
Written certificates in support of sick leave applications may be issued by registered health service
providers as listed hereunder:
• registered medical practitioners; or

• other persons listed in the relevant award for particular award classifications (eg the Medical
Superintendent of the hospital, the Director of Nursing); or
• for a period of up to one week of sick leave, registered health service providers such as
o dentists
o optometrists
o chiropractors
o osteopaths
o physiotherapists
o oral and maxillo-facial surgeons; or
o at the Director-General’s discretion, other registered health service providers.
Where the period of sick leave exceeds one week, and unless the registered health service provider is also
a registered medical practitioner, applications for any further sick leave must be supported by a medical
certificate from a registered medical practitioner.
Medical certificates should indicate the date on which the examination took place; the degree of incapacity
of the employee; and the date the health service provider or medical practitioner considers the employee is
likely to be able to return to work. Certificates should also indicate whether an injured or partially
incapacitated employee could return to work on reduced/altered duties, and which duties should not be
attempted upon return.
Employees have a right to confidentiality in relation to the reason for sick leave. However, where a Health
Service has concerns about the ability of an employee to perform the duties of his/her position or to do so
safely, the Health Service should:
• seek the employee’s consent to discuss his/her prognosis with the provider of the medical certificate,
or, if the employee does not consent to this,
• seek a second medical opinion.
All Awards state that employees must supply medically supported evidence of illness for any period
claimed as paid sick leave, but allow Health Services to dispense with the requirement to supply a medical
certificate in certain circumstances: as a general rule medical certificates are not required for absences of
two days or less.
Local sick leave procedures should clearly state when medical certificates will be required as a rule.
In addition, there may be specific circumstances when Health Services may decide that medical
certificates will be required of individual employees, or more widely, for all absences for a specified period
of time.
35(3/03)
SICK LEAVE 2.19
In the case of individual employees, an employee’s unsatisfactory sick leave record is such an instance.
Where unacceptable trends emerge at a unit/department/facility/ Health Service over particular

seasonal/holiday periods, medical certificates may be required of all employees, for example, for any
absences that occur either side of annual leave, long service leave, public holidays, Rostered Days Off, and
Allocated Days Off.
Before implementing such overall requirements, Health Services must be satisfied of the need for them,
and consult with the relevant union(s).
Health Services must ensure that appropriate review points are set for sick leave absence.
Review points may need to be established on a case-by-case basis. At a minimum, they are
to include:
• Unacceptable levels of frequent absences.
• Instances where trends in absences emerge.
• Instances of long-term absence of serious incapacity requiring a review of ongoing
employment.
Review points are used to assess employees’ sick leave levels. While review points should be set case by
case for each employee, at a minimum they should be established and noted within local procedures for
the following:
• First three months of employment
Particular attention should be paid to absences that occur within employees’ first three (3) months of
employment, when no eligibility to paid sick leave exists. Trends appearing within this time frame are
often an indication that a health related or other factor is affecting an employee’s work commitments.
In the first three months of continuous employment 3 separate absences without a medical certificate
should be considered unacceptable.
Where unacceptable sick leave levels or trends have become evident, the situation should be reviewed and
appropriate action initiated. Such action would normally include issuing an initial warning; providing
counselling and advice; and requiring medical certificates for all further absences. (See 2.12 Procedural
fairness, and counselling, warnings and disciplinary action.)
If a further absence on sick leave without a medical certificate occurs in the first 3 months after the
issue of an initial warning, the employee should be given final notice that disciplinary action leading to
termination of employment will follow any further absences.
• Frequent short-term absences
An employee who has had 8 separate absences in any period of 12 months is considered to have an
unsatisfactory sick leave record.
It may be useful to set review points which highlight the need for action prior to an unsatisfactory
level being reached. Action in this case may involve a discussion with the employee to ensure that
valid reasons for absence exist, and that the employee is aware of the sick leave policy and
procedures.
35(3/03)
SICK LEAVE 2.20
Where the employee’s sick leave record reaches unacceptable levels, it should be reviewed to
determine what action should be taken (see section 2.12, Procedural fairness, and counselling,
warnings and disciplinary action).
• Absences displaying trends
Review points should be set where absences display trends, such as:
o Periods of absence not certified by a medical certificate immediately before or after a public
holiday, or before or after a period of approved leave (annual leave, long service leave, an
Allocated Day Off, or a Rostered Day Off)
o Periods close to where the employee may work overtime
o Periods of absence adjacent to Saturdays or Sundays respectively, or on a particular day of the
week in a specified period
o Periods of absence associated with Occupational Health & Safety incidents.
Where a trend or pattern can be identified, the Health Service may require the production of medical
certificates for all future absences for a defined period. (See also section 2.12, Procedural fairness,
and counselling, warnings and disciplinary action.)
• Long-term illness/injury or serious incapacity
See section 2.11 for a separate discussion.
The above review points should also be used where large amounts of sick leave are taken prior to
retirement.
In applying review points it is essential that:
• review points are applied consistently across the Health Service, and a review of an employee’s sick
leave is undertaken when they are reached. Following the review, alternatives for possible further
action should be considered in relation to the particular circumstances of the employee. In this way,
employees can be assured that any action is fair and appropriate
• in all cases, the employee concerned should be provided with an opportunity to discuss his/her
reasons for the apparently unacceptable absence levels
• appropriate documentation must be kept of any discussion or agreed actions following a review of an
employee’s sickness absence record
support/education/training is provided to line managers who are responsible for managing sick leave
on a day-to-day basis
Health Services must have procedures in place to actively manage cases of long-term
illness/injury and serious incapacity. These should detail options for support such as the
Employee Assistance Program, and, where appropriate, options for a medical assessment and a
return-to-work program.
35(3/03)
SICK LEAVE 2.21
Long-term absences and serious incapacity of employees have a negative effect not only on the employee
concerned, but also on management and work colleagues, who must ensure that health services continue
to be provided despite reduced resources. It is therefore in the best interest of all parties that issues related
to such absences are resolved in a reasonable time frame.
Research suggests that, as with workplace injury, the longer an employee remains off work, the less likely
is his/her return. It is important that regular contact is maintained with the employee, and that points are
set for reviewing the employee’s capability of returning to pre-illness/injury duties, and for discussing with
the employee what action will be taken next.
When establishing review points for long-term illness or injury, expected recovery periods for particular
illnesses/injuries should be taken into consideration in each case.
If an employee does not appear to be capable of returning to work, or the Health Service has concerns
about his/her fitness to carry out the duties of his/her position, or his/her ability to do so safely, the Health
Service should refer the employee for a medical assessment.
Procedures should outline options to be considered at the completion of a medical assessment. These may
include:
• return to work in the current position

• return to work on reduced hours/duties
• job redesign to facilitate return to work
• return to work in an alternative position for a specified period of time
• return to work in an alternative position on a permanent basis
• continued absence for a specified period of time
• medical retirement.
Health Services are encouraged to extend their return-to-work program, where practicable and where
resources permit, to employees with significant non-work related illnesses or injuries. As with work-
related illnesses or injuries, this must be done in consultation with relevant medical personnel.
The employees should also be provided with other support options, such as the Health Service Employee
Assistance Program.
Health Services must ensure that procedural fairness is observed in relation to

counselling, issuing warning letters and taking disciplinary action.
As unacceptable absences or unexplained absence patterns by individual employees may have a negative
impact on workplace morale, on the workload of their colleagues, or on health service provision, managers
must take appropriate action to manage such absences. (Section 2.10, Review points for absence review,
provides further information on what is considered unacceptable.)
Research indicates that where an individual employee’s attendance becomes a cause for concern, good-
practice work places are likely to respond with a non-disciplinary meeting (eg counselling) and referral for
a medical assessment.
35(3/03)
SICK LEAVE 2.22
However, in some instances sick leave absences may eventually become a disciplinary matter. It is
essential that the principles of procedural fairness (as defined in the Definitions of this policy) are adhered
to throughout this process. In all cases, the employee must be provided with an opportunity to comment
on absences considered to be unacceptable or unexplained. Counselling should always precede any
sanctions (such as a requirement to produce medical certificates for further absences) and must include
clear indications of the next steps to be taken.
An employee with continued unacceptable sick leave absences should be issued two formal written
warnings followed by an appropriate review period prior to any consideration of actual disciplinary action.
Please note that formal warnings:
• are not appropriate where the employee has a chronic illness, supported by medical certificates.
Where the absences are frequent and have occurred over a prolonged period, the employee may need
to be referred for medical assessment to ascertain his/her fitness to perform the duties of his/her
position.
• may not be appropriate where the attendance record for the whole of a person's career is considered
satisfactory. It should be assessed whether the absences in the preceding twelve months were a result
of abnormal sick leave, or were the commencement of a trend. It may be preferable to discuss the
issue with the employee, and keep his/her attendance record under review to assess whether it
improves. The outcome of the discussion should be recorded.
Where it is appropriate to issue an initial warning, this should, as a minimum:
• confirm that the employee has been advised of the Health Service sick leave procedures and of the
implications of unsatisfactory attendance
• advise the employee that his/her attendance level is considered unacceptable;
• bring to the employee’s attention the amount of sick leave taken or the trend that has emerged, and
provide the employee with a copy of his/her attendance record for the period of review (12 months or
less);
• advise the employee that his/her attendance level will be closely monitored for a specified period of
time (eg 6 months) and that improvement is expected over that time;
• outline consequences should improvement not occur.
Should an employee show improvement in his/her attendance record in the 6 months following the issue of
a formal written warning, the monitoring of attendance should revert to normal.
If no improvement is noted in the 6 months following the issue of a formal written warning, or if a further
2 absences unsupported by medical certificates occur, the employee should be issued a second formal
warning letter.
The second formal warning letter should, as a minimum:
• refer to the initial warning and the fact that no or insufficient improvement has been demonstrated
• require the production of medical certificates for future absences on sick leave for a set period of time
(eg 6 months)
• advise the employee that unless his/her attendance record improves, disciplinary action up to and
including dismissal may be taken
• provide a further opportunity to discuss reasons for continued absence and possible strategies to deal
with the problem (eg the use of Employee Assistance Programs or medical assessment).
35(3/03)
SICK LEAVE 2.23
Where an employee’s attendance level remains unacceptable after the issue of two written warnings, the
record should be reviewed by an appropriately delegated officer. Points for consideration at this stage may
include, but may not necessarily be limited to:
• the employee’s fitness to continue his/her normal duties

• options for medical retirement, if appropriate, and
• disciplinary action, including the possibility of termination of the contract of employment.
Where disciplinary action is initiated, formal Health Service disciplinary procedures should be followed.
Refer also to the current Department of Health policy on managing the disciplinary process.
At every stage of the process, the employee has the right to have a support person (for example, another
employee, a union representative, etc.) present. Privacy and confidentiality must be maintained at all times,
and adequate documentation must be kept of all stages of the process.
Health Services should ensure that local procedures include return-to-work interviews, and that
managers are skilled in handling such interviews.
Research indicates that one of the best ways to manage sick leave is for the line manager to talk to the
employee, however briefly or informally, about the absence when he/she returns to work. Return-to-work
interviews may be conducted after each absence, or at a predetermined point, for example, when a trend
emerges, or after long-term illness.
Return-to-work interviews provide a line manager with an opportunity to:
• demonstrate support and concern for the health of the employee

• investigate any underlying reasons for absence and any strategies to deal with them
• demonstrate the willingness of the Health Service to deal with sick leave as a management concern
• outline the impact of absence on the Health Service in general and on fellow workers
• reinforce desirable attendance attitudes
• in cases of long-term absence, re-acquaint the employee with the work place and any changes
• provide a level of scrutiny that discourages employees from taking unnecessary sick leave
• discuss the implications of continued absence, including the agreed procedures, and the availability of
Employee Assistance Program alternatives
• set individual targets for improvement
• discuss the option of a medical assessment to review the employee’s ability to continue to undertake
his/her duties.
Health Services should ensure that line managers are skilled in sensitive but effective interview techniques.
This will ensure that all interviews are appropriately conducted.
Records of any actions agreed on following interviews are to be retained on the employee’s personal file,
and the employee is entitled to access these records.
35(3/03)
SICK LEAVE 2.24
3. Audit Checklist
The following checklist has been developed to assist Health Services to improve their sick leave
management procedures in line with the NSW Health policy. Current practices should be compared to
better practice in the checklists to assist Health Services in identifying areas that may require improvement.
3.2 Policy and procedures
Yes No
þ ý
Does the Health Service have written sick leave management procedures £
consistent with the NSW Health polic y on sick leave?
Were employees and the unions involved in the development of the £
procedures?
Do the procedures
• spell out simply management’s expectations on attendance at work? £
• demonstrate management’s commitment to ensuring a safe and healthy £

workplace?
Are the sick leave policy and the procedures linked to the Health Service’s £
business objectives (for example, a statement in the business plan and/or
corporate plan expressing commitment to and improvement of attendance
rates)?
Do procedures facilitate the implementation of the policy in practice (for £
example, reporting requirements [who, when, what], certification
requirements, record keeping, identified review points, and alternative
courses of action)?
Are procedures expressed in clear, concise and unambiguous language (for £
example, easily understandable flow charts demonstrating the procedures, or
sample letters covering common situations)?
Are processes in place to ensure that the sick leave policy and procedures are £
clearly communicated to employees and managers?
Are sick leave procedures reproduced in a suitable form, hard copy and/or £
electronic format, and made available to all employees and management at
regular intervals?
Are sick leave procedures consistently applied to ensure fairness and £
transparency?
Do sick leave procedures have the flexibility to consider each employee’s £
individual circumstances?
35(3/03)
SICK LEAVE 2.25
Yes No
þ ý
£
Do sick leave procedures clearly define the roles and
responsibilities of employees, direct supervisors/managers, human
resources personnel, senior management and the Chief Executive
Officer?
£
Is day-to-day management of an employee’s attendance the
responsibility of the employee’s direct supervisor/manager?
£
Does senior management have a role in reviewing attendance levels
and initiating appropriate action at regular intervals?
£
Does the Chief Executive Officer conduct a review and
comparison (internal and external) of all facilities/departments/units
within the Health Service and the Health Service as a whole at least
annually?
£
Does the Health Service Board receive reports on a regular basis,
eg annually, on the management of sick leave and on comparative
performance within the Health Service and between Health
Services?
Are supervisors and managers given the necessary training/support £

and materials to carry out their sick leave management
responsibilities in an effective but sensitive manner?
Does the Human Resources Department provide the required £

advice and support to management and employees in their
respective roles and responsibilities related to managing absences?
Yes No
þ ý
Does sick leave data maintained include dates, days, duration, and £
whether the absence was medically certified?
Is the sick leave data securely maintained, that is, are changes to £
data allowed only after proper authorisation by senior management?
Does the information system meet the requirements of all users? £
Is information:
• accurate? £
• reliable? £
• easy to understand and interpret? £
• consistent? £
35(3/03)
SICK LEAVE 2.26
• timely? £
• accessible? £
• in a form that allows for reporting at different levels? £
Does the system allow for comparisons and other analytical £
techniques to be carried out?
Is an analysis and review of sick leave information undertaken £
regularly to identify problems and unusual trends or patterns of
absence
• by supervisors/managers on an ongoing basis? £
• by senior management on a periodical basis? £
• by the Human Resources unit on a periodical basis and as £
required?
• the Chief Executive Officer at least annually? £
• by the Health Service Board annually? £
If problems are identified as a result of monitoring and analysis, is £
action taken by the supervisor/manager in accordance with the
written sick leave procedures?
Is the progress of employees with identified high absence levels £
(either due to ill health or other reasons) monitored by
supervisors/managers?
Yes No
þ ý
Do new employees receive information on the sick leave policy and £
procedures?
Is a copy of the Health Service sick leave procedures accessible to £
all new employees?
Is sick leave specifically monitored for the first three months of £
employment?
If the attendance level of a new employee is unsatisfactory during £
the first three months, is appropriate action taken (for example,
counselling offered)?
35(3/03)
SICK LEAVE 2.27
Yes No
þ ý
Have all employees received information on the application of the £
sick leave policy and procedures?
Are employees made aware of the impact of sick leave on the £
Health Service (for example, financial, increased pressure on fellow
employees, reduction in service delivery)?
Is support, education and training, as appropriate, being provided
for supervisors/managers to provide them with skills to:
• effectively manage absence levels? £
• ensure a consistent approach to the application of the sick £
leave policy?
• identify a range of options, strategies and support available to £
them?
• identify the most appropriate course of action on a case-by- £
case basis?
• conduct sensitive but effective return-to-work interviews? £
• provide appropriate counselling to employees? £
• deal with difficult situations and cases? £
Yes No
þ ý
Has the Health Service developed strategies to identify and manage £
possible work-related factors affecting sick leave levels (eg morale
problems, unmanageable workloads)?
Has the Health Service considered introducing specific incentives to £
support attendance at the workplace (eg flexibility in working
hours, individual development plans, health awareness programs)?
If so, are employees encouraged to take advantage of these £
initiatives?
Are employees offered professional support services, such as £
counselling, if required?
Are all support strategies monitored/reviewed to assess their effect £
on sick leave taken?
35(3/03)
SICK LEAVE 2.28
Yes No
þ ý
Do absence notification procedures provide clear, concise and
unambiguous directions on:
• when employees should report absences by (ie prior to the £
commencement of their shifts so that service delivery
requirements can still be met)?
• whether employees are required to personally report their £
absences?
• who notification must be given to (for example supervisor, line £
manager)?
• what information is to be provided by the absent employee (for £
example likely date of return)?
• when further notification will be required (ie the regularity of £
reporting if absence is to be long-term)?
• what action is to occur should an employee on long-term £
absence not maintain contact?
• what method of certification of sickness is required (for £
example, medical certificate)?
Is information on the correct procedures for absence notification £
provided to every employee during job orientation?
Yes No
þ ý
£
Do local sick leave procedures clearly state when medical
certificates are required as a rule?
£
Do local sick leave procedures state what information is required
on a medical certificate (eg date of the examination, degree of
incapacity, date of likely return to work)?
Where the Health Service has concerns about the ability of an

employee to perform his/her duties, does the Health Service £
• seek the employee’s consent to discuss his/her prognosis
with the provider of the medical certificate, or,
£
• where consent is not given, seek a second medical
opinion?
£
Are the unions consulted before special overall requirements to
produce medical certificates are implemented?
35(3/03)
SICK LEAVE 2.29
Yes No
þ ý
£
Is there provision for review points being set on a case-by-case
basis?
Have appropriate review points been defined, at a minimum, for

situations involving:
£
• new employees (first three months)?
£
• frequent short-term absences?
£
• absences displaying trends?
£
• long-term absences?
£
Have review points been set to highlight the need for review prior
to sick leave levels becoming unacceptable?
£
Are review points applied consistently across the Health Service?
£
When review points are reached, is the case reviewed and
alternatives for possible further action considered in relation to
the particular circumstances of the employee?
Yes No
þ ý
Is there a clearly defined and planned approach for managing £
long-term illness/injury?
Is regular contact maintained with employees on long-term sick £
leave?
Is there a protocol for identifying when employees are to be £
referred to a medical assessment (for example, expected recovery
periods for various ailments)?
Are managers familiar with the options following an employee’s
medical assessment? For example:
• return to work in the current position £
• return to work on reduced hours/duties £
• job redesign to facilitate return to work £
• return to work in an alternative position for a specified period £
of time
• return to work in an alternative position on a permanent basis £
• continued absence for a specified period of time £
• medical retirement £
35(3/03)
SICK LEAVE 2.30
Yes No
þ ý
Are employees counselled and offered appropriate support, £
assistance and guidance in achieving the expected standards?
Do sick leave management procedures define when warnings £
should be issued?
Does the Human Resource department provide support and £
mentoring to managers on issuing warnings?
When all appropriate action has been taken but the employee’s £
attendance level has not improved, is the sick leave record of the
employee reviewed by an appropriately delegated officer to
determine what further action should be taken (such as
assessment of the employee’s fitness to continue duty,
disciplinary action)?
Are employees advised that they may bring a support person (eg £
union representative, another employee) to a disciplinary meeting?
Is adequate documentation kept on all processes (for example £
copies of letters, record of meetings)?
Are privacy for discussions and confidentiality on documents £
maintained at all times?
Yes No
þ ý
Do managers conduct return-to-work interviews where £
appropriate?
Have guidelines been provided to supervisors/ managers to ensure £
consistency in the manner of conducting interviews?
Are supervisors/managers skilled in conducting effective but £
sensitive interviews?
As part of the interviews, are employees reminded that £
counselling and employee assistance programs are available?
Do managers provide employees with written confirmation on £
any action agreed on during the interview?
35(3/03)
3.1
LONG SERVICE LEAVE
ELIGIBILITY
The long service leave provisions for hospital employees are set out in the
relevant Awards, the Long Service Leave Act 1955, as amended, and the
Transferred Officers Extended Leave Act 1961, as amended.
In the case of employees not covered by an Award, Agreement or Determination,

hospitals should ascertain from the Commission the terms and conditions of
long service leave which will apply.
The long service leave provisions for all hospital employees were altered
substantially in the early 1970's. The exact date at which they were changed
varies from Award to Award. The relevant dates are as follows:
Hospital Secretaries (State) Award

- 27 September 1972;
Public Hospitals (Medical Superintendents) Award

- 26 May 1973;
Medical Officers - Hospital Specialists Award

- 22 August 1972;
Public Hospitals (Resident Medical Officer) Award

- 1 July 1974;
Public Hospitals Nurses' (State) Award

- 12 March 1975;
and for all other Awards directly related to employment in public hospitals
the date is 1 January 1973.
The rights of employees employed at the date at which the provisions came
into operation have been preserved; therefore, when such employees apply for
long service leave, the hospital must ascertain which set of provisions is
more favourable to them in the particular circumstances and pay their long
service leave accordingly.
3.2
Particular aspects of eligibility are discussed under these headings:
• THE NEW PROVISIONS
• THE OLD PROVISIONS
• SERVICE AS AN ADULT
• CONTINUOUS SERVICE
• CALCULATING THE PERIOD OF SERVICE
THE NEW PROVISIONS (GENERALLY)
Under the new long service leave provisions employees are eligible for 2
months long service leave after ten years' service and then 5 months long
service leave for each 10 years' service thereafter. However, employees who
have completed at least five years' service as a adult (refer sub-section
"Service as an Adult" [Page 3.3]) and whose services are terminated by the
employer for any reason other than serious and wilful misconduct, or who
resign their employment on account of illness, incapacity or domestic or
other pressing necessity, is entitled to a pro-rata payment for long service
leave on the basis of two months leave for ten years' service.
Under the new provisions, some part-time service may not be regarded as
"service" in respect of the long service leave entitlements provided in the
Award. Therefore, staff employed on a part-time basis in public hospitals
may not be eligible for the same long service leave entitlements as a re
full-time employees. The Award which deals with part-time employees makes
provision for their long service leave entitlements to be regulated by the
Long Service Leave Act 1955 in certain circumstances, as amended (refer sub-
section "Assessment of Individual Entitlement" [Page 3.9]).
THE OLD PROVISIONS

Employees who are employed under an Award current at the date on which the
new provisions took effect are entitled to long service leave as prescribed
by the old provisions if this is more favourable to them.
The old long service leave provisions tend to vary from Award to Award and it
is therefore difficult to summarise the main points. An example of the lack
of uniformity in the old provisions involves the period of service required
before the employee is entitled to take long service leave. The old Nurses'
Award required the employee to serve for ten years, while the old Hospital
Employee's Award required the employee to serve for fifteen years, before
taking long service leave. For this reason, reprints of the old long service
leave provisions of each relevant Award have been attached (refer Appendix B
[Page 3.24]).
3.3
SERVICE AS AN ADULT
The Commission has determined that, for the purposes of long service leave, "service
as an adult" means service on and from the date of the employee's eighteenth
birthday. Any service with the employer before the employee has turned eighteen
counts towards long service leave only after the employee has served for the minimum
of five years "as an adult".
Hence, employees who begin their employment on the date of their sixteenth birthday
would necessarily serve for two years before becoming an "adult", as defined. These
employees would not be entitled to any payment for long service leave on termination
until the date of their twenty-third birthday. At this time, if their services were
terminated for reasons other than serious and wilful misconduct etc., employees would
be entitled to a pro-rata payment for long service leave, based on their seven years'
service.
* The Long Service Leave Legislation Amendment Act 2001 amends the Long Service Leave
Act 1955 to remove discrimination against junior employees. The amendment commenced
on 1 August 2001. The amendment results in there no longer being a discriminatory
distinction between adult and junior service when determining an employee’s
entitlement to a pro rata long service leave payment. All continuous service,
including service prior to the introduction of the amendment on 1 August 2001, will
need to be taken into account when determining whether an entitlement to a pro rata
payment exists. (2001/108)
CONTINUOUS SERVICE
"Service" for the purpose of long service leave need not be continuous, as the new
Award provisions allow periods of full-time broken service to be counted towards the
employee's long service leave entitlement.
On the other hand, employees claiming long service leave under the old provisions are
not entitled to count periods of broken service unless they were employed under the
old Nurses' Award, or the old Resident Medical Officers' Award. Only these two
Awards, in force until 12 March 1975 and 1 July 1974 respectively, allow employees to
count aggregate, rather than continuous, service; however, it should be noted that
for nursing staff part-time service prior to 1 January 1970 is not to be included in
the aggregation. For all other employees, the fact that broken periods may not be
counted under the old provisions may mean that the new provisions are more
favourable.
CALCULATING THE PERIOD OF SERVICE

Only service in public hospitals included in the Public Hospitals Act 1929, and
declared authorities under the Transferred Officers' Extended Leave Act 1961, as
amended, counts for the purpose of long service leave for hospital employees.
Employees covered by the Nurses' Award are able to count previous service in private
hospitals towards their long service leave entitlement, only where such hospitals
have subsequently been included in the Public Hospitals Act and that the employee was
employed in the private hospital at the date it became a public hospital. This
service is counted as the rate of 75% of the actual time served.
33 (5/02)
3.4
All service in declared authorities under the Transferred Officers Extended Leave Act,
other than public hospitals, must be continuous, subject to breaks of service allowed
by the Act (refer sub-section "Transferability of Long Service Leave " [Page 3.14]).
Periods of full time broken service in public hospitals may be counted towards the
employee's long service leave entitlement.
Pro-rata annual leave paid on termination only counts as service if paid before
1 September 1970. After that date, the "last day of service", for the purpose of
calculating long service leave due, is the day on which the employee actually ceased
duties with the hospital.
Leave without pay in excess of six months duration does not count as service for the
accrual of long service leave. (93/94)
Leave without pay of less than six months duration -
(a) For an employee with up to ten years service does not count as service for the
accrual of long service leave.
(b) For an employee who has a net service of ten years (i.e. any period of leave
without pay excluded therefrom). Periods of leave without pay (not exceeding six
months) are included when calculating service for the accrual of long service
leave.
Special Note: Periods of leave without pay less than six months granted before
12 March 1975 (for employees covered by the Nurses' Award), 1 July 1975 (for employees
covered by the Medical Officers' Award) and 1 January 1973 (for all other employees)
may be counted for service. (93/34)
In determining total service for computation of leave due, years, months and days are
counted. Where an employee has had service with two or more hospitals, days are to be
aggregated to determine total service in the industry. In such cases 30 days will
constitute one month.
EXTENT OF ENTITLEMENT
When looking at the long service provisions for public hospital employees it is
important to study both the old and new provisions. This is because staff employed at
the time of the introduction of the new provisions could have an entitlement to long
service leave as prescribed by the old provisions if this is more favourable to them.
In this case, those most likely to be eligible for long service leave under the old
scheme are employees who have worked in hospitals located in one or other of the
climatic zones, described in the relevant Award (refer Appendix C [Page 3.33]). As it
is necessary for Hospital Administrators, and indeed hospital employees, to be familiar
with the precise leave entitlement of staff, copies of the old long service leave Award
clauses are included (refer Appendix B [Page 3.24]).
Basically, the new leave entitlements provide for two months' long service leave after
ten years service, with an additional five months' long service leave for each ten
years service thereafter. Employees completing more than five years' "Service as an
Adult" (refer Page 3.3) but less than ten years' service are eligible for a pro-rata
payment on termination under certain conditions (refer sub-section "Eligibility"
Heading New Provisions [Page 3.2]). 17(5/93)
3.5
NB
It is important to understand that an employee's entitlement to long service
leave comes from either the old or the new provisions, not a combination of
the more attractive elements of each. For example, when calculating the
employee's length of service and corresponding leave entitlement, the
computation of service at time-and-a-half or double time, available under the
old provisions, must not be coupled with the greater quantum of leave
available under the new provisions.
PART-TIME SERVICE
Certain Hospital Awards do not recognise part-time employment as "service"
for long service leave purposes while other Awards do recognise part-time
service (e.g. the Hospital Employees Conditions of Employment (State) Award
and the Public Hospital Nurses' (State) Award), subject to certain
conditions.
Hence, the need to study the terms of each Award carefully when calculating
long service leave entitlements is obvious.
The long service leave entitlements of part-time employees are discussed

under the following headings:
• THE NEW PROVISIONS
• THE OLD PROVISIONS
• FULL-TIME EMPLOYEES WITH PART-TIME SERVICE
EXTENDED LEAVE ENTITLEMENTS (94/29)
The purpose of this Circular is to clarify aspects relating to long service
leave entitlements. This advice applies to employees actually employed in
the Public Health System as at 29 March 1994.
PART 1
PREVIOUS PART-TIME SERVICE
There is no express or implied requirement that for previous service to be
recognised it must have been performed in a full time capacity immediately
prior to the employee's transfer.
Accordingly, subject to:

a. Part 2 below; and
b. Meeting the necessary requirements expressed in the Transferred
Officers Extended Leave Act 1961; 20(6/94)
3.5.1
an employee is entitled to have previous part-time service recognised for the
purposes of the Act.
For example, if a person had 4 years full time service followed by 3 years part-time
service with the Department of Sport, Recreation and Racing and was then employed in
a position at a Hospital or elsewhere in the Public Health System such as a Public
Health Unit the previous service with the Department of Sport, Recreation and Racing
must be recognised provided it complies with other necessary Award (including
enterprise agreements), and Act requirements.
This advice applies equally to full-time and part-time staff with one exception as
detailed in Part 2. It should be read in conjunction with Circular 93/90, Public
Sector Staff Mobility.
PART 2
PART-TIME SERVICE OF LESS THAN 2 DAYS PER WEEK
The provisions outlined in Part 1 do not apply where an employee's previous part-time
service immediately before commencement in the position was less than 2 days.
The case of Kennedy v. Board of Fire Commissioners [1967] AR 455 is authority for the
proposition that where there are long service leave provisions of an Act and an Award
or by implication an Agreement, the more favourable conditions are to apply to the
employee on the basis that the proper method of comparison is to examine each set of
provisions as a whole weighing the various pros and cons and arriving at a final
overall balance.
In other words it is not open for an employee, subject to Part 3, to choose the most
advantageous conditions on a comparison of individual provisions. The choice must be
made having regard to the whole instrument.
In light of the fact that the individual Awards and Agreements are generally more
favourable than the Act on extended leave matters, the relevant Award or Agreement is
the instrument which must be applied when interpreting extended leave entitlements.
Therefore as the Public Hospital Nurses (State) Award [Clause 29(ix)], the Hospital
Employees Conditions of Employment (State) Award [Clause 16(vi)], the Public
Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award
[Clause 14(vi)] require a person to work a minimum of two days per week part-time,
this requirement must be satisfied before this service can be recognised for extended
leave purposes in accordance with Part 1.
20(6/94)
3.5.2
PART 3
PERMANENT PART-TIME EMPLOYEES WHO WORK LESS THAN 2 DAYS PER WEEK
Part 2 does not apply to permanent part-time employees who work less than 2
days per week. Those employees are entitled to all extended leave benefits
in the same proportion as their ordinary hours of work bear to full-time
hours.
Accordingly the provisions of Part 1 should apply to permanent part-time

employees on a pro rata basis.
Further enquiries should be directed to Industrial Relations Branch,

Department of Health, telephone number 391-9353.
THE NEW PROVISIONS
Part-time employees who are eligible for long service leave, and who were
employed at the date of changeover to the new provisions, are entitled to
long service leave in line with either the old or new provisions, whichever
are the more favourable to them. Staff employed after the date of changeover
derive their entitlement to long service leave solely from the new
provisions. Under the new provisions, the long service leave entitlements of
part-time employees are regulated by the terms of the Long Service Leave Act
1955, as amended. The provisions of this Act differ in many ways from the
old long service leave provisions applying to part-time employees (refer sub-
section "Part-Time Service" Heading - Old Provisions [page 3.7]) and the new
long service leave provisions applying to full-time employees. Hospitals
should therefore obtain a copy of the Long Service Leave Act and should
examine it carefully when calculating long service leave for part-time
employees.
20(6/94)
3.6
Eligibility
The Act states that employees are entitled to long service leave after they
have completed ten years' continuous service. The Act provides, however,
that after five calendar years' service as an adult an employee who is
dismissed for any reason other than serious and wilful misconduct, or who
leaves the employer's service on account of illness, incapacity or domestic
or other pressing necessity, is entitled to a pro-rata payment for long
service leave accrued.
The Commission has determined that the term "service as an adult" means
service on and from the date of the employee's eighteenth birthday (refer
sub-section "Eligibility" Heading Service as an Adult [Page 3.3]).
An important point to note is that part-time staff are ineligible to count

any periods of broken service towards their long service leave entitlement or
to transfer their entitlement from one hospital to another. They are
specifically excluded from this by the terms of their Awards and by the Long
Service Leave Act. The Act states that in order to be eligible for long
service leave, the employee must maintain a continuous contract of employment
with the one employment for the appropriate period. While the services of
employees must be 'continuous' in order to become eligible for long service
leave, Section 4(11) of the Act lists a number of circumstances which will
not constitute a break in continuity of service. These include changes in
the method of employment, i.e. from full-time to part-time or casual
employment, absences on workers' compensation or on account of illness or
injury, interruptions in service made by the employer with the intention of
avoiding an employee's rights to long service leave, periods of absence for
any reasons by leave of the employer, absences caused by industrial disputes
or by retrenchment due to slackness in trade, or any other absence caused by
the employer where the employee returns within two months.
However, eligibility for part-time employees to long service leave still

requires them to be employed continuously in one hospital for the appropriate
period - the absolute minimum being five years.
Public Holidays
Employees deriving their long service leave entitlements according to the Act
have any period of long service leave extended by one day for each public
holiday occurring in the period on such leave. The public holidays to be
taken into account in this respect are only those public holidays which are
observed generally throughout New South Wales.
7(7/86)
3.6.1
Employees within the NSW public health system obtain their entitlements to
long service leave from either the relevant award or the Long Service Leave
Act. Public Hospital Awards have no provision for long service leave to be
extended due to public holidays occurring during a period of such leave.
The Long Service Leave Act only applies to part-time employees who are in
receipt of a part-time loading. The Long Service Leave Act, Section 4 (4A)
provides for the period of the long service leave to be increased by one day
in respect of that public holiday, i.e. for a public holiday that occurs
DURING any period of leave. If long service leave is payable on termination
the leave is not extended by any public holiday which occurs during the
period of leave paid on termination.
Trade Union (picnic) Days are not counted as public holidays.
Entitlement
The amount of leave accrued under the Act is 4½ days per year for service to
31 March 1963 and 6 days per year for service after 1 April 1963.
These rates of accrual apply irrespective of the number of hours worked each
year by part-time hospital employees.
The Act was amended in 1963 and the actual rates of accrual were increased.
To determine the entitlement of an employee whose service began before
1 April 1963, two calculations are necessary; one assessing the amount of
leave accrued for service prior to 1 April of that year and one assessing the
amount accrued for service after that date.
22(1/96)
3.7
In calculations for an employee's long service leave entitlement under the
Act the entitlement will be measured in terms of working weeks' leave. To
determine the monetary value of the leave, multiply the weeks' leave figure
by the employee's ordinary weekly rate of pay.
Calculations are to be on a seven day basis.
The "ordinary rate of pay" is the rate received by the employee immediately
before going on leave. The "ordinary rate of pay" for part-time employees
who work an irregular number of hours should be determined by calculating the
average number of hours worked each week over the past twelve months and
multiplying this average by the hourly rate of pay current in the week before
the employee commences leave. It should be remembered that for part-time
employees the term "ordinary rate of pay" includes the normal 15% part-time
loading but does not include any penalty rates usually earned.
THE OLD PROVISIONS

Part-time employees or employees employed in a public hospital situated in a
climatic zone at the changeover dates are entitled to long service leave in
accordance with either the old or the new provisions, whichever are the more
favourable to them. The old long service provisions vary from Award to Award
and therefore the old clauses should be read carefully (refer Appendix B
[Page 3.24]).
NB Under the Old long service leave provisions of the Public Hospital
Nurses' State Award, only part-time service after 1/1/1970 can be recognised
for long service leave.
Although the old formulae for calculating part-time long service leave differ
for each Award, the basic steps os the calculation are:-
• convert the period of part-time service to a proportion of full-time

service;
• calculate the long service leave entitlement in the manner prescribed
under the old provisions for full-time employees (refer Appendix D page
3.34);
• calculate payment for the entitlement at the full-time rate of pay
excluding 15% part-time loading.
22(1/96)
3.8
The following example demonstrates these steps:
Period of Service: 6 May 1969 to 31 May 1974

= 5 years, 0 months, 26 days
Hours Worked: 24 hours per week
• Equivalent full-time Service: = 25 x (5 years, 0 months, 26 days)

40
= 3 years, 15 days
= 36 months full-time service
• Amount of Long Service Leave Due:

= 18 days' leave
= 2 4/7 weeks' leave
• Monetary Value of Leave: $ X

Leave is calculated at the full-time rate of pay, and therefore does
not include part-time loadings etc.
Two aspects of the calculation should be noted:
• the odd days of part-time service are counted for calculating the
equivalent full-time service. Any odd days (days left over after the
years and months of service have been calculated) of the equivalent
full-time service are then disregarded;
• to express a number of days' leave in terms of weeks, the number of

days is divided by seven, not by five. This is because all long
service leave calculations are based on "calendar" rather than
"working" weeks and months.
FULL-TIME EMPLOYEES WITH PART-TIME SERVICE

Full-time employees with previous part-time service in public hospitals may
count the part-time service, on a proportionate basis, towards their current
long service leave entitlement, provided their full-time employment began
without a break after their part-time service was terminated and the part-
time service was more than 2 full days per week.
3.9
For example, an employee may have worked two days each week for eighteen
months and then transferred to full-time employment, completing eight and
half years' full-time service. The employee would be entitled, under the new
provisions, to two months' long service leave after ten years' service, but
the payment for such leave would be less than the full-time rate by virtue of
the proportionate reduction for part-time service.
ASSESSMENT OF INDIVIDUAL ENTITLEMENT

On 1 July 1974 hospitals were given the responsibility for the approval of
long service leave claims. It is therefore each hospital's responsibility to
certify employees terms of service, accurately assess their entitlement,
maintain adequate records of their application and its assessment, calculate
correctly the monetary value of the employee's entitlement and make the
necessary payment. Long service leave records maintained at the hospital
(refer Heading "Records" [Page 3.12]) are subject to check by Departmental
officers during routine inspection visits. Each hospital has the
responsibility to make an assessment of an employee's entitlement to long
service leave at the time of the employee's resignation or termination. If
employees have an entitlement they are to be paid for long service leave,
subject to transferring to another New South Wales declared authority in
terms of the Transferred Officers Extended Leave Act or a public hospital in
New South Wales (refer heading "Transferred Officers Extended Leave Act"
[Page 3.14]).
When assessing the individual long service leave entitlements of their

employees, hospitals must pay careful attention to the following:
• Applications
• Assessment and calculation of entitlement
• Records
APPLICATIONS
Whether continuing in the hospital's service or terminating, each employee
applying for long service leave must submit a claim form. Nurses should use
form A49 when making their application and all other employees must use form
A50. Sample pro forma applications forms are shown at Appendix G and
Appendix H to this section. These forms should be printed locally as they
are not stocked at the Government Supply Office.
Each application should be carefully checked, paying particular attention to

the following aspects of the claim:
• the employee's date of birth. 11(2/90)
3.10
• the details of any previous service undertaken by the employee.
• the details of any previous long service leave taken or paid to the
employee on termination.
• the employee's date of birth is important for establishing the

employee's period of adult service.
• the details of any previous service of the employee must be checked

very carefully. Initially, the actual dates of any previous periods of
employment should be confirmed. Where the service is of a relatively
recent period, records of the service should be available from the
hospitals concerned in the form of pay and leave records, or group
certificates. In the case of nursing staff, the two service record
books should be enough. Care must be taken that periods of service do
not overlap.
• any periods of leave without pay.
• the employee submitting the long service leave claim form must certify
the accuracy of the details on the claim form.
Statutory declarations should only be accepted as a verification of former

service when every other avenue of confirmation of the period of service has
been thoroughly investigated. Every attempt to confirm a period of service
shown on a statutory declaration should be made before leave is granted.
Where employees have transferred to the hospital from another authority under
the Transferred Officers Extended Leave Act, they must present documentary
evidence of their previous service, showing the period of service, including
their last day of actual service, any leave without pay, and any period of
long service leave previously taken. This document must be verified by the
previous employer. An unconfirmed statement as to previous service is not
acceptable.
The details of any previous long service leave taken by the employee must
also be confirmed. Inquiries in this respect should be directed to any
previous employers claimed by the applicant. The officer preparing the form
is responsible for certifying that the necessary checks relating to previous
service and payments have been carried out.
25(5/97)
3.11
ASSESSMENT AND CALCULATION
Care and accuracy are most important factors in the calculation of an employee's long
service leave entitlement. The claim must be checked thoroughly before payment is
actually made and the responsibility for checking the claim should rest with a senior
officer. When the period of service has been verified, the leave entitlement is to
be calculated in accordance with the tables set out in Appendices A, C and D of this
section.
In hospitals of less than 80 ADA claims for payment to Chief Executive Officers must
be submitted to the Regional Director for checking and approval of entitlements prior
to authorisation for payment.
Under the new provisions, employees with less than ten years' service are permitted
to count only whole months and not any odd days of service towards their long service
leave entitlement. Where the employee has had service in more than one hospital,
however, the odd days of service in each hospital are taken into account by adding
them together and determining how many additional whole months of service they
represent. Any days left over after this calculation are then disregarded. For
employees claiming long service leave under the old provisions, service is calculated
in the same manner.
After ten years' service, the new provisions allow for the actual odd days of service
to be counted towards the employee's long service leave entitlement (refer Appendix A
[Page 3.19]).
When the amount of leave due is calculated, it will be expressed in numbers of

months' and days' leave. This entitlement must then be converted to a calendar
period of leave and the appropriate payment calculated. There is a special method of
doing this and in order to understand it, let us look at the following example:
An employee in receipt of a weekly salary of $100 terminated employment on

5 September, after 12 years' 4 months', 25 days' service. Calculations reveal that
the employee is entitled to three months' six days' long service leave.
As 5 September was the employee's last day of duty, the leave must be calculated from
6 September (i.e. the day following the last day of duty). The leave period of three
months and six days is then calculated in this way:
(Month 1: 6 September to 5 October = 30 days
3 months (Month 2: 6 October to 5 November = 31 days
(Month 3: 6 November to 5 December = 30 days
additional days: 6 December to 11 December = 6 days 24(2/97)
3.12
Therefore, the employee's entitlement to long service leave is 97 days.
Payment for the leave is then calculated by the following formula:
No. of days' leave x weekly rate of pay = $X

thus 97 x $100 = $1385.71
7
It is important to remember, when calculating the payment for this period,
that months are counted as calendar months and weeks have seven days, not
five as in the working week. Hence a month's leave may be anything from 28
to 31 days, and odd days of leave are paid at one-seventh of the weekly rate
of pay.
RECORDS
Due to the fact that hospitals now have the responsibility of assessing
claims for long service leave, they also have the responsibility of
maintaining the many varied and detailed records required. Four different
forms of records are involved; these are -
• the original claims forms;
• the employee's service record books and/or service record cards;
• the bound register, and
• the schedule of long service leave claims which have been granted;
• the original claims forms are to be held by the hospital;
• service record cards for non-nursing staff have been designed in

similar format as the nurses' service record books. These records are
to show the quantum of leave due and/or granted and the amount paid.
As with the Brown Books for nurses, each hospital will forward the
service record card of an employee on to the next employing public
hospital upon receipt of a request in writing from the new employer.
The leave records of employees who terminate their services and are
paid all long service leave due must be retained by the hospital in
case the person concerned re-enters public hospital service in New
South Wales.
3.13
• a bound register recording long service leave claims, calculations and
payments must be maintained by the hospital. The register will provide
an accountable and ready record of the information contained in the
service record books and cards. The register is made necessary because
of the movement of service record cards etc. between hospitals and
because hospitals are obliged to seek details of both an employee's
previous service with other hospitals and any long service leave
previously taken;
• a schedule claiming a recoup for the total amount of claims paid during
the month is to be prepared, in duplicate, at the end of each month.
It is to be identified by the calendar month to which it relates.
One copy of the schedule should be retained by the hospital and the other
copy must be sent to the Regional Office. During inspections, Commission
Inspectors will verify the claims for recoupment contained in the long
service leave register.
Hospitals on cash recoup should forward their monthly schedules of long

service leave at the same time as they send in their ordinary General Fund
recoup claims. Other hospitals should submit their schedules with an
application for a special grant in order to recoup their payment of claims.
The schedule is to include the following information in respect of each

application paid:
• Surname of the employee;

• Given names;
• Maiden name (in the case of a married woman);
• Date of birth;
• Date on which first hospital employment commenced;
• Dates of periods of long service leave granted and/or for which payment
has been made;
• Dates and period of leave currently granted, and/or for which payment
has been made;
• Monetary value of leave currently granted, and/or for which payment has
been made;
• The employee's Award classification.
3.14
TRANSFERABILITY OF LONG SERVICE LEAVE
When employees terminate their services they are entitled (subject to certain
conditions) to be paid all long service leave due to them and such payment
should be made. However, if the employees transfer these services to another
New South Wales Government or New South Wales semi-Government employer, they
can be entitled to have their long service entitlement likewise transferred
to their new employer if they desire. Such transferral of long service leave
is regulated by the Transferred Officers Extended Leave Act, the relevant
Awards and certain Commission Determinations. This can be discussed under
the following headings.
• THE TRANSFERRED OFFICERS EXTENDED LEAVE ACT

Under the Transferred Officers Extended Leave Act 1961, as amended,
employees of gazetted NSW State Government departments and authorities
(refer Appendix E [Page 3.36]) who transfer from one such department to
another are able to transfer their long service leave entitlement to
their new employer, subject to the transfer meeting certain conditions
set out in the Act.
These conditions may be summarised as follows:
• Employees must commence duty with the new employer on the next
working day after termination, or be accepted for employment with
the new employer prior to their last day of service with their
previous employer, in which case they must commence service with
the new employer within two months of termination of their
previous employment. Proof of this must be in the form of
documentary evidence; a mere statement by the employee is not
regarded as being sufficient evidence.
Employees wishes to transfer their long service leave entitlement

should obtain a statement from their previous employer,
indicating:
• the employee's date of commencement and date of termination

of employment.
25(5/97)
3.15
• details of any long service leave taken during employment
or paid on termination.
• details of any leave granted, such as leave without pay,
which cannot be counted as service for long service leave
purposes.
• the reason for termination of employment.
Liability for the employee's long service leave must be accepted by the
Authority to which the employee transfers. Public hospitals are therefore
obliged to accept liability for the long service leave entitlements of
officers who transfer from other declared NSW State Authorities to a public
hospital, in accordance with the Act.
DECLARATION OF AREA HEALTH SERVICES AS A GOVERNMENTAL AUTHORITY FOR THE

PURPOSES OF THE TRANSFERRED OFFICERS EXTENDED LEAVE ACT (91/78)
The Public Employment Industrial Relations Authority has advised that His
Excellency the Governor, with the advice of the Executive Council and
pursuant to the provisions of the Transferred Officers Extended Leave Act
1961 has approved the declaration of Area Health Services as a Governmental
Authority for the purposes of the Act.
This covers all employees in public hospitals in all 10 Area Health Services
in addition to covering those employees actually employed by the Area Health
Service themselves.
This proclamation appeared in Government Gazette No. 106 of 12 July 1991 and
a copy of the extract follows as Appendix E(a).
• PUBLIC HOSPITAL EMPLOYEES

The conditions regulating the transfer of long service leave for public
hospital employees are slightly different from those applying to other
employees. This is because the terms of the public hospital Awards
are, in many cases, more generous than the terms of the Long Service
Leave Act; where this is the case, the terms of the Awards over-ride
the Act. An example of this is the counting of periods of broken
service for public hospital employees. This allows employees of a
public hospital, on transferring to another hospital, to transfer their
full long service leave entitlement without commencing duty with their
new employer on the next working day.
12(10/91)
3.15.1
When attempting to establish the employee's previous service the

employing authority need only go as far back as the employee's most
recent previous employer as long as it was a public hospital. This is
because all previous service which had been recognised by the employing
authority from which the employee is transferring must also be
recognised by the employing authority to which the employee transfers.
For example, an employee may have worked in a State Public Service
Department, transferred to a Commonwealth Public Service Department and
subsequently transferred to a public hospital. Provided the last
transfer, in this case from the Commonwealth Department to the public
hospital, satisfies the provisions of the Transferred Officers'
Extended Leave Act the question then is what periods of service the
Commonwealth Department would have taken into account for long service
leave purposes. If the latter Department would not recognise the prior
State Department service, then the public hospital also would not be
allowed to recognise such service.
12(10/91)
3.16
It must be remembered that because broken full-time service in public hospitals
is counted as service under the relevant Awards, employing hospitals are obliged
to recognise such service while other Authorities under the Act are not so
obliged. However, as indicated by the previous example, once a hospital counts
employees' periods of broken service toward their long service leave entitlement
and the employees transfer to another Authority under the Act, that Authority
must count the broken service, provided the employees' transfer was in accordance
with the conditions of the Transferred Officers' Extended Leave Act.
• EMPLOYEES OF "SCHEDULE B" HOSPITALS

In the past certain hospitals, referred to here as "Schedule B" hospitals (refer
Appendix F [Page 3.52]) have been excluded from the terms of the Transferred
Officers' Extended Leave Act. In 1970, the former Hospitals' Commission decreed
that these "Schedule B" hospitals were to be recognised as State Authorities by
all public hospitals. This meant that employees of "Schedule B" hospitals could
transfer long service leave entitlements to public hospitals if they desired,
and, vice versa, public hospital employees transferring to "Schedule B" hospitals
could have their long service leave transferred.
Any employees of "Schedule B" hospitals wishing to transfer their long service
leave entitlements when they transfer to a public hospital are required to obtain
statements, in the forms outlined in (sub-section "Transferability of Long
Service Leave" [Page 3.14]) from each of their previous employers.
BROKEN SERVICE
Under the new long service leave provisions of the relevant Awards, periods of full-
time broken service may be counted towards the employee's long service leave
entitlement. The old provisions of most of the relevant Awards, however, do not permit
periods of broken service to be counted towards the employee's long service leave
entitlement. Only the Nurses' Award, prior to 12 March 1975 and the Resident Medical
Officers' Award, prior to 1 July 1974, permitted the employees' period of aggregate
rather than continuous service to be counted for long service leave purposes.
The provisions of the Transferred Officers' Extended Leave Act allow employees to
transfer their long service leave entitlement only where they can prove that their
service has been continuous. Under the Act, broken periods of service may not be
counted as "service" for the purpose of long service leave (refer sub-section
"Transferability of Long Service Leave [Page 3.14]).
3.17
Part-time employees may not count periods of broken service towards their
long service leave entitlements (refer sub-section "Part-Time Service" [Page
3.5]).
RECREDITING LONG SERVICE LEAVE

Employees who are incapacitated for a period of at least one week while on
long service leave may apply to have the period of incapacity recredited to
their long service leave entitlement and debited against their balance of
sick leave.
Employees who take long service leave immediately prior to retirement,

resignation or termination are not eligible for a recredit of leave on
account of illness. Other employees must support their application with a
medical certificate stating the period of incapacity. If the employee's
credit of sick leave is not sufficient to cover the extent of the recredit
claimed, then the employees are not entitled to have their entire period of
incapacity recredited; their entitlement is limited to their actual credit of
sick leave available.
Each application for a recredit of leave should be considered by the Board in

the light of the circumstances and the nature of the incapacity. The Board
may approve or reject the application at its discretion.
APPORTIONMENT OF LONG SERVICE LEAVE ON TERMINATION OF EMPLOYMENT

The Taxation Office has advised that it has no objection to employees
charging long service leave taken, against their entitlements in other than
the order in which the entitlements accrued. That is long service leave
accrued before 15 August 1978 may be retained until some future date and long
service leave taken, offset in the first place against leave accrued after 15
August 1978.
The full text of the Australian Taxation Office's advice is reproduced

overleaf.
25(5/97)
3.17.2
MINIMUM PERIODS OF LONG SERVICE LEAVE
There is no legislative or Award restriction governing minimum periods of
Long Service Leave. Notwithstanding the need to maintain appropriate
staffing levels, hospitals/area health services should attempt to introduce
some flexibility into the system.
Provided that an employee has accrued an entitlement to Long Service Leave,

then where an employee and employer agree, a period of seven days Long
Service Leave may be taken by an employee.
Whilst the taking of Long Service Leave is by mutual agreement between an

employee and their employer, where an employee has accrued the appropriate
entitlement the employer should ensure that there are no unnecessary
constraints on that leave being taken at a particular time.
Public Hospital Nurses (State) Award Long Service Leave Entitlements

Permanent Part-time Employees
The then Health Commission on 28 June 1974 issued Circular 74/5 which
conveyed the authority to public hospitals to approve and pay long service
leave.
Paragraph 10.9 of that Circular gave instructions inter alia how to treat the
long service leave entitlement of employees who have a combination full time
and part time service. That paragraph said:
"Under each award, once an employee has served for a period of
ten years, whether full time, part time or a combination of both,
he or she is entitled to long service leave. For example, an
employee may have completed 8 years, 6 months full time service
and 1 year, 6 months part time service. In this case the
employee would be entitled to two months long service leave but
the payment for such leave would be less than the full time rate
by virtue of the proportionate reduction for the part time
service."
This paragraph is to apply to Permanent Part Time under the Public Hospital
Nurses (State) Award. Therefore when a Permanent Part Time employee has had
previous full time service, that employee is entitled to the greater quantum
of long service leave and is to be entitled to the period of leave but of
course paid at the lesser equivalent full time rate. 10(11/89)
3.17.3
For example -
10 years full time service
+ 5 years at half time (Permanent Part Time)
= 15 years total service
that is 4 months 15 days long service leave entitlement.
This long service leave is to be paid for on the basis of equivalent full time
service - i.e. 12 years 6 months service resulting in a payment for 3 months 7½ days
at the full time rate, and the leave balance is to be reduced by 4 months 15 days.
The example given above is only applicable to Permanent Part Time nurses, that is
those part time employees who are not in receipt of the 10 per cent part time
allowance.
Those part time employees who are in receipt of the part time allowance by reason of
the fact that they were employed prior to 30 June 1986 and not made the election to
be Permanent Part Time, gain an entitlement to long service leave from the Long
Service Leave Act and not the Public Hospital Nurses (State) Award.
Public Hospital Nurses (State) Award Long Service Leave

The long service leave clause in the Public Hospital Nurses (State) Award was varied
to provide the "new" standard of long service. That variation was effective from 12
March 1975.
One of the most significant changes to that clause was to remove the accelerated
accrual of service for long service leave for those employees who worked in hospitals
in the Climatic Zones. There were of course savings provision for the employees of
those hospitals who were employed as at 12 March 1975, in order to protect their
rights to long service leave.
It has come to the Corporation's attention that some employees who resigned after
that date and some time later were employed in a public hospital thereby accruing
long service leave under the new provisions only, have been disadvantaged in respect
of their long service leave entitlements. This occurred by reason that all service
was counted at single time only, however, the entitlement for long service leave had
to be reduced by the long service leave previously paid. This on many occasions put
employees into a deficit of long service leave entitlement. 10(11/89)
3.17.4
In order to rectify this anomaly the Corporation is prepared to approve of

those employees who were employed in a public hospital as at 12 March 1975,
and who had or were having service accrued at either time and one half or
double time, being allowed to retain the option of having long service leave
entitlements accrue under the old award provisions, that is those provisions
in force prior to 12 March 1975. This is to apply even though there has been
a break in the continuity of service.
Consequently those employees who would benefit from that option of accruing
long service leave utilising the climatic zone service will accrue long
service under the 'old' quantum scale i.e. two months for ten years, three
months for fifteen years and six months for twenty years.
This option only applies to those employees who were entitled to accrue the
'old' quantum by being employed as at 12 March 1975. Therefore nurses not
employed as at that date can only gain their entitlement to long service
leave under the new long service leave provisions which became effective from
12 March 1975.
PORTABILITY OF PREVIOUS SERVICE IN A FIFTH SCHEDULE HOSPITAL WHEN EMPLOYED IN

A PUBLIC HOSPITAL OR AREA HEALTH SERVICE (90/115, 91/71)
1. It has been determined that previous service in a Fifth Schedule
Hospital shall be recognised for the purposes of calculating long
service leave entitlement when employed in a Public Hospital or Area
Health Service.
2. Such recognition to apply on the same basis as if the employee (with

Fifth Schedule Hospital service) was a former employee of a Public
Hospital or Area Health Service.
3. The approval is applicable from 1 July 1989, for employees who are or
will be employed in a Public Hospital or Area Health Service with
previous Fifth Schedule Hospital service.
4. Community Health staff employed in Community Health prior to the

transfer of this group to Area Health Services in 1986 are to be
treated as stated above for employees of Fifth Schedule Hospitals.
(91.71) 12(10/91)
3.18
APPENDICES PAGE
A. SCHEDULE FOR CALCULATION OF LEAVE UNDER NEW PROVISIONS 3.19
B. OLD LONG SERVICE LEAVE AWARD CLAUSES 3.24
C. CLIMATIC ZONES 3.33
D. SCHEDULE FOR CALCULATION OF LEAVE UNDER OLD PROVISIONS 3.34
E. GOVERNMENT DEPARTMENTS GAZETTED IN TRANSFERRED OFFICERS
EXTENDED LEAVE ACT 3.36
F. SCHEDULE "B" HOSPITALS 3.52
3.19
APPENDIX "A"
SCHEDULE FOR CALCULATIONS OF LEAVE UNDER NEW PROVISIONS
Service of between 5 and 10 years where the employee resigns on account of

illness, domestic or pressing necessity or incapacity. One month for 5 years
service. For each completed year of service between 5 and 10 years add 6
days and for each completed month of service add one half day.
Period of Service Leave Due

Years Months Months Days
5 - 1 -
5 1 1 ½
5 2 1 1
5 3 1 1½
5 4 1 2
5 5 1 2½
5 6 1 3
5 7 1 3½
5 8 1 4
5 9 1 4½
5 10 1 5
5 11 1 5½
6 - 1 6
6 1 1 6
6 2 1 7
6 3 1 7½
6 4 1 8
6 5 1 8½
6 6 1 9
6 7 1 9½
6 8 1 10
6 9 1 10½
6 10 1 11
6 11 1 11½
7 - 1 12
7 1 1 12½
7 2 1 13
3.20

7 3 1 13½
7 4 1 14
7 5 1 14½
7 6 1 15
7 7 1 15½
7 8 1 16
7 9 1 16½
7 10 1 17
7 11 1 17½
8 - 1 18
8 1 1 18½
8 2 1 19
8 3 1 19½
8 4 1 20
8 5 1 20½
8 6 1 21
8 7 1 21½
8 8 1 22
8 9 1 22½
8 10 1 23
8 11 1 23½
9 - 1 23
9 1 1 24½
9 2 1 25
9 3 1 25½
9 4 1 26
9 5 1 26½
9 6 1 27
9 7 1 27½
9 8 1 28
9 9 1 28½
9 10 1 29
3.21

9 11 1 29½
10 - 2 -

Months Days
11 2 15
12 3
13 3 15
14 4
15 4 15
16 5
17 5 15
18 6
19 6 15
20 7
21 7 15
22 8
23 8 15
24 9
25 9 15
26 10
27 10 15
28 11
29 11 15
30 12
31 12 15
32 13
33 13 15
34 14
35 14 15
36 15
37 15 15
3.22
Months Days
38 16
39 16 15
40 17
41 17 15
42 18
43 18 15
44 19
45 19 15
46 20
47 20 15
48 21
49 21 15
50 22
Where service of 10 years or more includes periods of less than a completed
year leave shall accrue on such portion of a year as follows:
Period of Service Calendar Days
12 days to 23 days ½
24 days to 1 month 5 days 1
1 month 6 days to 1 month 17 days 1½
1 month 18 days and less than 2 months 2
2 months to 2 months 11 days 2½
2 months 12 days to 2 months 23 days 3
2 months 24 days to 3 months 5 days 3½
3 months 18 days and less than 4 months 4½
4 months to 4 months 11 days 5
5 months 18 days and less than 6 months 7
8 months to 8 months 11 days 10
3.23
Period of Service Calendar Days

9 months 18 days and less than 10 months 12
3.24
APPENDIX "B"
OLD LONG SERVICE LEAVE AWARD CLAUSES
Hospital Secretaries Award
"Old" Long Service Leave provisions (reprinted from New South Wales
Industrial Gazette, 8 September 1971).
Clause 10. Long Service Leave

(i) (a) Every employee, after fifteen years continuous service, shall
be entitled to three months long service leave on full pay;
after a period of twenty years continuous service to a further
three months long service leave on full pay. Thereafter,
additional long service leave shall accrue from month to month
on the basis of one and one half month's long service leave on
full pay for each five years of such service.
(b) Where the services of an employee, with at least five years'
continuous adult service and less than fifteen years'
continuing service, are terminated, the employee shall be
entitled for the first five years' service to one month's long
service leave on full pay and for the service after the five
years to a proportionate amount of such leave on full pay,
calculated on the basis of three months' long service leave
for fifteen years' service.
(c) Where the services of an employee with at least fifteen year's

and less than twenty years' continuous service are terminated,
the employee shall be entitled to have added to the three
months provided in paragraph (a), of this subclause, a
proportionate amount of leave on full pay calculated on the
basis of three months for five years' service.
(ii) For the purpose of this clause "service" means in any position in a
public hospital, whether covered by this Award or any other Award
including such service prior to the commencement of this Award. It
shall include service while a member of the defence forces of the
Commonwealth in time of war provided that the employee was employed
in any position in a public hospital prior to the war, or was so
employed within a period of twelve months after termination of his
war service, and it shall be deemed not to have been broken by:
3.25
(a) any absence from work on account of illness;
(b) other periods of absence not exceeding twelve months in the
aggregate in the first fifteen years of service or four months
in each succeeding five years of service;
(c) leave otherwise lawfully granted; provided that in calculating
continuous service such leave shall not be taken into account
as service except where the employee is on paid sick leave or
long service leave, and where the employee undertakes with the
approval of the Health Commission of New South Wales, a full-
time course of study in hospital administration or any other
course of study at any University or other institution
approved by the Health Commission of New South Wales.
(iii) (a) All service in a hospital to which subclause (i) of clause 7,
Climatic and Isolation Allowance, of this award applies shall
be counted as one and one half times the actual service.
(b) All service in a hospital to which subclause (ii), of this
said clause 7, applies shall be counted as twice the actual
time served.
(iv) The provisions of subclause (iii), of this clause, shall not entitle
the employee to long service leave unless the total service,
including service as computed in accordance with that subclause,
amounts to ten years or more.
(v) All service in a hospital by a part-time secretary shall be counted
as one-half the actual time served whether actual or computed under
subclauses (iii) and (iv), of this clause.
(vi) Long service leave shall be taken at a time mutually arranged by

employer and employee; but after the taking of the first period of
long service leave may be taken only at intervals of five years or
longer except by agreement with the employer.
(vii) On the termination of employment or on the death of an employee an

employer shall pay, to the employee in the case of termination of
employment and to his legal personal representative in the case of
death, the monetary value of all long service leave accrued and not
taken at the date of such termination or death, and such monetary
value shall be determined according to the salary payable to the
employee at the date of such termination or death.
3.26
(viii) An employee who was not employed by a public hospital on
19 November 1964, but who is entitled to long service leave
because of service prior to that date, shall not be entitled to
take such long service leave until such employee has served
continuously in public hospitals for a further period of three
years, whether actual or computed in accordance with the
provisions of subclauses (iii), (iv) or (v) of this clause.
(ix) For the purpose of administering this clause the board may
require any employee, within this Award, to make a statutory
declaration as to his service within the industry and the leave
granted by and the monetary equivalents paid to him in lieu of
such leave by any board and the employee, upon being requested to
do so, shall supply such declaration.
(x) An employee who was employed as such on 9 October 1951, shall be

entitled to such long service leave rights as were provided by
the Hospital Secretaries (State) Award published 3 April 1947,
and such rights shall be in substitution for and not in addition
to the beforementioned rights;
Provided that in the calculation of such long service leave the provisions of
subclause (ii), of this clause, shall apply, and provided further that the
provisions of subclauses (iii) and (iv), of this clause, shall have effect
only in respect of any service after the 9th October 1951.
Public Hospital Nurse (State) Award

Industrial Gazette, 20 March 1974).

(i) (a) On completion of ten years' service an employee shall be
entitled to two months' long service leave on full pay; after
fifteen years' service to a further one month's long service
leave on full pay; after a period of twenty years' service to
a further three months' long service leave on full pay.
3.27
(b) If an employee, who has completed not less than ten year's
service but less than fifteen years' service, ceases to be
employed in the industry of nursing such employee shall be
entitled to additional long service leave to that prescribed
for an employee who has completed ten years' service and such
additional leave shall accrue from month to month on the basis
of one month's long service leave on full pay for five years
of service.
(c) If an employee, who has completed not less than fifteen years'
service but less than twenty years' service, ceases to be
employed in the industry of nursing such employee shall be
entitled to additional long service leave to that prescribed
for an employee who has completed fifteen years' service and
such additional leave shall accrue from month to month on the
basis of three months' long service leave on full pay for five
years of service.
(d) An employee, who has completed twenty years' service
thereafter shall be entitled to long service leave which shall
accrue from month to month on the basis of one and one-half
months' long service leave on full pay for each five years of
service.
(e) For the purposes of this clause service shall mean service in
the industry of nursing and shall include such service prior
to the date of operation of this award. It shall also include
service whilst a member of the defence forces of the
Commonwealth in time of war; provided that the employee was
engaged in the industry of nursing prior to the war, or had
entered such industry within a period of twelve months after
termination of his or her war service.
(ii) All service to which subclause (i) of clause 15, Climatic and
Isolation Allowance, of this award applies shall be counted as one
and one-half times the actual time served.
(iii) All service to which subclause (ii) of the said clause 15 applies
shall be counted as twice the actual time served.
(iv) An employee who was employed by the Department of Public Health at
the Prince Henry Hospital prior to its becoming a public hospital
shall, for the purposes of calculating long service leave, be deemed
to have served in the industry of nursing for the period of actual
service of the employee of the said hospital.
3.28
(v) An employee who was employed at St. Luke's Hospital prior to 31 October
1952, shall be deemed to have served in the industry of nursing for a
period equal to the actual service of the employee with the hospital prior
to the said date.
(vi) When a licensed private hospital, other than St. Luke's Hospital, becomes a
public hospital and an employee of the said private hospital thereupon is
employed by the said public hospital such employee, for the purpose of
calculating service for long service leave, shall be deemed to have served
in the industry of nursing for a period equal to 75 per centum of the
actual continuous service with the employer in the said private hospital
immediately prior to the said hospital becoming a public hospital.
(vii) Full pay shall mean the Award salary without any deduction for
accommodation and/or board; provided that an employer shall be entitled to
make such deduction for accommodation as is authorised by clause 28,
Accommodation and Board, of this Award if the employee, having been
requested by the employer to leave his or her own room completely vacant
during the period of long service leave, fails to do so.
(viii) Long service leave shall be taken at a time mutually arranged by the
employer and the employee but after the taking of the first period of long
service leave further long service leave may be taken only at intervals of
five years or longer except by agreement with the employer.
(ix) A person who was not employed in the industry of nursing at 13 December
1963, but who subsequently becomes employed therein and by reason of
service prior to such commencement becomes entitled to long service leave
shall not be entitled to take such leave until he or she has served in the
said industry for a period whether actual or computed in accordance with
subclause (ii) and (iii) of this clause equivalent to the period of his or
her absences from the said industry or a period of three years, whichever
is the lesser.
(x) On the termination of employment or on the death of an employee an employer

shall pay, to the employee in the case of termination of employment and to
the legal personal representative in the case of death, the monetary value
of all long service leave accrued and not taken at the date of such
termination or death, and such monetary value shall be determined according
to the salary payable to the employee at the date of such termination or
death.
3.29
(xi) Rights to long service leave under this clause shall be in
replacement of rights to long service leave, if any, which at the
date of the operation of this Award may have accrued or may be
accruing to an employee, (i.e. 20/3/1974). Where an employee has
been granted long service leave or has been paid its monetary value
prior to the date of operation of this Award the employer shall be
entitled to debit such leave against any leave to which the employee
may be entitled pursuant to this clause.
(xii) Any period of part-time service with a public hospital shall be

counted on the basis of the proportion that the actual number of
hours each week worked or computed in accordance with the provisions
of subclauses (ii) and (iii), of this clause, bears to forty hours,
and the period so calculated shall be paid for at the full weekly
salary prescribed by clause 11, Salaries, of this award.
Provided that only part-time service one and from the beginning of the first
day period to commence on or after 1 January 1970, shall count for the
purpose of this subclause.
Hospital Employees (State) Award

Industrial Gazette, 24 June 1970).

(i) (a) Every employee, after fifteen years continuous service, shall
be entitled to three month's long service leave on full pay;
after a period of twenty years of continuous service to a
further three months long service leave on full pay;
thereafter additional long service leave shall accrue from
month to month on the basis of one and one half months' long
service on full pay for each five years of service.
(b) Where the services of an employee with at least five years

continuous adult service and less than ten years continuous
service are terminated the employee shall be entitled to be
paid a proportionate amount for long service leave on the
basis of three months' long service leave for fifteen years
service.
3.30
(c) Where the service of an employee with at least ten years and
less than fifteen years continuous service are terminated the
employee shall be entitled to be paid a proportionate amount
for long service leave on the basis of three months' long
service leave for fifteen years' service.
(d) Where the services of an employee with at least fifteen years
and less than twenty years continuous service are terminated
the employee shall be entitled to have added to the three
months provided for in paragraph (a), of this subclause, a
proportionate amount of leave on full pay calculated on the
basis of three months' leave for five years service.
(ii) For the purposes of this clause -
(a) Service shall mean service with one or more hospitals and
shall include service prior to the commencement of this Award.
(b) (1) All service in hospitals to which subclause (i), of

clause 6. Climatic and Isolation Allowance, of this
Award, applies shall be counted as one and one half
times the actual time served.
(2) All service in hospitals to which subclause (ii), of the
said clause 6, applies shall be counted as twice the
actual time served.
(3) Any period of part-time service with a public hospital
shall be counted on the basis of the proportion that the
actual number of hours each week worked or computed in
accordance with the provisions of subparagraphs (1) and
(2) of this paragraph bears to forty hours, and the
period so calculated shall be paid for at the full
weekly salary prescribed by Clause 4, Salaries and
Wages, of this Award.
(4) Notwithstanding the provisions of subparagraphs (1), (2)
and (3), of this paragraph, no employee shall be
entitled to Long Service Leave unless the employee has
served for an actual period of not less than five years.
(c) Service with the Defence Force of the Commonwealth in time of

war shall count as service for the purposes of this clause,
provided that the employee was employed by a hospital prior to
the war or entered such employment within a period of twelve
months after the termination of the employee's war service.
6A(4/86)
3.31
(d) Subject to this clause "Service" includes service with a
hospital prior to the commencement of the Award.
(e) Continuous service shall be deemed not to have been broken by:
(1) Absence from hospital employment when it can be
established that such absence is due to the illness of
the employee.
(2) Period of absence from hospital employment immediately
following termination of employment in respect of which
employment a pro rata payment has been made for annual
leave or long service leave but not exceeding the period
the employee would have been required to work to earn as
salary an amount equal to such pro rata payment.
(3) Any reasonable absence from such hospital employment
occasioned by an employee transferring from one hospital
to another but not exceeding on any one occasion
fourteen days following the expiration of any paid
leave.
(4) Any period of absence from hospital employment on leave
without pay not exceeding six months.
(iii) Long service leave shall be taken at a time mutually arranged between
the employer and the employee.
(iv) On the termination of employment or on the death of an employee an

employer shall pay, to the employee in the case of termination of
employment and to the legal personal representative in the case of
death, the monetary value of all long service leave accrued and not
taken at the date of such termination or death and such monetary
value shall be determined according to the salary payable to the
employee at the date of such termination or death.
(v) An employee who was not employed by a public hospital at the

commencement of this Award but who is entitled to long service leave
because of service prior to that date shall not be entitled to take
such long service leave until such employee has served continuously
in public hospitals for a further period of three years whether
actual or computed, in accordance with the provisions of paragraph
(b), or subclause (ii), of this clause.
3.32
(vi) Rights to long service leave under this clause shall be in

replacement of rights to long service leave, if any, which at the
date of gazette of this Award, i.e. 24/6/1970 may have accrued or may
be accruing to an employee. Where an employee has been granted long
service leave, or has been paid its monetary value, prior to the date
of the commencement of this Award the employer shall be entitled to
debit such leave against any leave to which the employee may be
entitled pursuant to this clause.
3.33
APPENDIX "C"
CLIMATIC ZONES
Applicable to Old Award Provisions Only
ZONE A: LONG SERVICE LEAVE TIME AND HALF
Barellan Outpost (Leeton) Leeton District Hospital

Barham-Koondrook Soldiers' Lockhart and District Hospital
Memorial Hospital McCaughey Memorial Hospital
Berrigan Hospital Urana
Bingara District Hospital Moree District Hospital
Boggabri District Hospital Narrabri District Hospital
Condobolin District Hospital Narrandera District Hospital
Coolah District Hospital Narromine District Hospital
Coonabarabran District Hospital Peak Hill and District Hospital
Coonamble District Tocumwal District Hospital
Deniliquin Hospital Tottenham Hospital
Dunedoo War Memorial Hospital Trangie Hospital
Finley Hospital Tullamore District Hospital
Gilgandra District Hospital Trundle Subsidiary
Griffith District Hospital Ungarie District Hospital
Inverell District Hospital Warialda District Hospital
(including Ashford and Bingara Warren District Hospital
Subsidiaries) Wee Waa District Hospital
Jerilderie District
Lake Cargelligo District Hospital
ZONE B: LONG SERVICE LEAVE DOUBLE TIME
Balranald District Hospital Hillston District Hospital

Bourke District Hospital Ivanhoe District Hospital
Brewarrina District Hospital Nyngan District Hospital
Broken Hill and District Hospital Old Folk's Home, Broken Hill
Cobar District Hospital Tibooburra District Hospital
Collarenebri District Hospital Walgett District Hospital
Goodooga District Hospital Wentworth District Hospital
Hay Hospital Wilcannia and District Hospital
3.34
APPENDIX "D"
SCHEDULE FOR CALCULATION OF LEAVE UNDER OLD PROVISIONS
Period of Service Leave Due Period of Service Leave Due

Years Months Months Days Years Months Months Days
10 1 2 ½ 12 8 2 16
10 2 2 1 12 9 2 16½
10 3 2 1½ 12 10 2 17
10 4 2 2 12 11 2 17½
10 5 2 2½ 13 - 2 18
10 6 2 3 13 1 2 18½
10 7 2 3½ 13 2 2 19
10 8 2 4 13 3 2 19½
10 9 2 4½ 13 3 2 20
10 10 2 5 13 5 2 20½
10 11 2 5½ 13 6 2 21
11 - 2 6 13 7 2 21½
11 1 2 6½ 13 8 2 22
11 2 2 7 13 9 2 22½
11 3 2 7½ 13 10 2 23
11 4 2 8 13 11 2 23½
11 5 2 8½ 14 - 2 24
11 6 2 9 14 1 2 24½
11 7 2 9½ 14 2 2 25
11 8 2 10 14 3 2 25½
11 9 2 10½ 14 4 2 26
11 10 2 11 14 5 2 26½
11 11 2 11½ 14 6 2 27
12 - 2 12 14 7 2 27½
12 1 2 12½ 14 8 2 28
12 2 2 13 14 9 2 28½
12 3 1 13½ 14 10 2 29
12 4 1 14 14 11 2 29½
12 5 2 14½ 15 - 3 -
12 6 2 15 15 1 3 1½
12 7 2 15½ 15 2 3 3
15 3 3 4½
3.35
Period of Service Leave Due Period of Service Leave Due
Years Months Months Days Years Months Months Days
15 4 3 6 17 11 4 22½
15 5 3 7½ 18 - 11 24
15 6 3 9 18 1 4 25½
15 7 3 10½ 18 2 4 27
15 8 3 12 18 3 4 28½
15 9 3 13½ 18 4 5 -
15 10 3 15 18 5 5 1½
15 11 3 16½ 18 6 5 3
16 - 3 18 18 7 5 4½
16 1 3 19½ 18 8 5 6
16 2 3 21 18 9 5 7½
16 3 3 22½ 18 10 5 9
16 4 3 24 18 11 5 10½
16 5 3 25½ 19 - 5 12
16 6 3 27 19 1 5 13½
16 7 3 28½ 19 2 5 15
16 8 4 - 19 3 5 16½
16 9 4 1½ 19 4 5 18
16 10 4 3 19 5 5 19½
16 11 4 3½ 19 6 5 21
17 - 4 6 19 7 5 22½
17 1 4 7½ 19 8 5 24
17 2 4 9 19 9 5 25½
17 3 4 10½ 19 10 5 27
17 4 4 12 19 11 5 28½
17 5 4 13½ 20 - 6 -
17 6 4 15
17 7 4 16½ After 20 years' service:-
17 8 4 18 (a) each 5 years' service earns
17 9 4 19½ 1½ months leave
17 9 4 19½ (b) each year of service earns 9
17 10 4 21 calendar days' leave
(c) each completed month of

service earns 3/4 calendar
days' leave.
3.36
APPENDIX "E"
GOVERNMENT DEPARTMENTS GAZETTED IN TRANSFERRED OFFICERS
EXTENDED LEAVE ACT
A. HOSPITALS LISTED IN THE GOVERNMENT GAZETTE NO. 136 OF 16 OCTOBER 1970,

WHICH HAVE BEEN DECLARED STATE AUTHORITIES FOR THE PURPOSES OF THE
TRANSFERRED OFFICERS EXTENDED LEAVE ACT.
The Auburn District Hospital

The Balmain Hospital
The Bankstown Hospital
The Canterbury District Memorial Hospital
The Eastern Suburbs Hospital
The Fairfield District Hospital
The Hornsby and District Hospital
The Langton Clinic (Moore Park)
The Liverpool District Hospital
The Manly District Hospital
The Marrickville District Hospital
The Mona Vale District Hospital
The Parramatta District Hospital
The Prince Henry Hospital
The Prince of Wales Hospital
The Rachel Forster Hospital
The Royal North Shore Hospital of Sydney
The Royal South Sydney Hospital
The Ryde District Soldiers' Memorial Hospital
The St. George Hospital
The Sutherland Hospital
The Sydney Hospital
The Sydney Homeopathic Hospital
The Sydney Home Nursing Service
The Western Suburbs Hospital
The Women's Hospital (Crown Street)
The Karitane Mothercraft Society in respect of: Karitane Mothercraft

Training Centre, Woollahra.
3.37
The Australian Red Cross Society in respect of: Blood Transfusion
Service: The Graythwaite Red Cross Home, North Sydney; Eleanor
Mackinnon Junior Red Cross Home, Cronulla; The Lady Gowrie Red Cross
Convalescent Home, Gordon; Berida Junior Red Cross Home; the Bodington
Red Cross Hospital.
The Benevolent Society of New South Wales in respect of: The Royal
Hospital for Women; Scarba (Bondi).
NSW College of Nursing
New South Wales Society for Crippled Children in respect of: Margaret
Reid Home, St. Ives; Cleaveland Hospital and Clinic for Crippled
Children (Surry Hills); Beverley Park Home, Campbelltown.
The Carrington Centennial Hospital for Convalescents
The Royal Ryde Homes
Royal Society for the Welfare of Mothers and Babies in respect of: The
Carpenter Mothercraft Home, Wollstonecraft; The Tresillian Homes at
Petersham, Vaucluse, and Willoughby.
United Dental Hospital

3.38
The Adelong Hospital
The Albury Base Hospital
The Armidale and New England Hospital, Armidale
The Ballina District Hospital
The Bangalow District (War Memorial) Hospital
The Balranald District Hospital
The Barham and Koondrook Soldiers' Memorial Hospital
The Barraba Hospital
The Bateman's Bay District Hospital
The Bathurst District Hospital
The Batlow District Hospital
The Bega District Hospital
The Bellinger River District Hospital
The Berrigan War Memorial Hospital
The Bowral and District Hospital
The Bingara District Hospital
The Blacktown District Hospital
The Blayney District Hospital
The Blue Mountains District Anzac Memorial Hospital
The Boggabri District Hospital
The Bombala District Hospital
The Boorowa District Hospital
The Bourke District Hospital
The Braidwood District Hospital
The Brentwood Hospital, Muswellbrook
The Brewarrina District Hospital
The Broken Hill and District Hospital
The Bulahdelah District Hospital
The Bulli District Hospital
The Byron District Hospital
The Camden District Hospital
The Campbell Hospital, Coraki
The Canowindra Soldiers' Memorial Hospital
The Carcoar District Hospital
The Casino and District Memorial Hospital
The Cessnock District Hospital
The Cobar District Hospital
The Coff's Harbour and District Hospital
Coledale District Hospital
The Collarenebri District Hospital
The Condobolin District Hospital
The Coolah District Hospital
3.39
The Cooma District Hospital
The Coonabarabran District Hospital
The Coonamble District Hospital
The Cootamundra District Hospital
The Corowa Hospital
The Cowra District Hospital
The Cowra District Hospital
The Crookwell District Hospital
The Cudal War Memorial Hospital
The Culcairn District Hospital
The Delegate District Hospital
The Deniliquin Hospital
The Dorrigo Hospital
The Dubbo Base Hospital
The Dunedoo War Memorial Hospital
The Dungog and District Hospital
The Eugowra Memorial Hospital
The Finley Hospital
The Forbes District Hospital
The Gilgandra District Hospital
The Glen Innes District Hospital
The Gloucester Soldiers' Memorial Hospital
The Goodooga District Hospital
The Gosford District Hospital
The Goulburn Base Hospital
The Governor Philip Special Hospital (Penrith)
The Gower Wilson Memorial Hospital, Lord Howe Island
The Grafton Base Hospital
The Aruma Hospital (Grafton)
The Grenfell District Hospital
The Griffith Base Hospital
The Gulgong District Hospital
The Gundagai District Hospital
The Gunnedah District Hospital
The Guyra District War Memorial Hospital
The Hastings District Hospital
The Hawkesbury Benevolent Society and Hospital
The Hay Hospital
The Henty District Hospital
The Hillston District Hospital
The Holbrook District Hospital
The Inverell District Hospital
The Ivanhoe District Hospital
The Jerilderie District Hospital
3.40
The Junee District Hospital
The Kiama District Hospital
The Kyogle Memorial Hospital
The Kurri Kurri District Hospital
The Lake Cargelligo District Hospital
The Leeton District Hospital
The Lismore Base Hospital
The Lithgow District Hospital
The Lockhart and District Hospital
The McCaughey Memorial Hospital, Urana
The Macksville and District Hospital
The Maclean (Lower Clarence) Hospital
The Macleay District Hospital
The Maitland Hospital
The Manilla District Hospital
The Manning River District Hospital
The Merriwa District Hospital
The Milton-Ulladulla Hospital
The Molong District Hospital
The Moree District Hospital
The Moruya District Hospital
The Mudgee District Hospital
The Mullumbimby and District War Memorial Hospital
The Murrumburrah-Harden District Hospital
The Narrabri District Hospital
The Narrandera District Hospital
The Narromine District Hospital
The Nepean District Hospital
The Newcastle Western Suburbs Maternity Hospital
The Nimbin District Memorial Hospital
The Nyngan District Hospital
The Oberon District Hospital
The Old Folk's Home (Broken Hill)
The Orange Base Hospital
The Pambula District Hospital
The Parkes District Hospital
The Port Kembla District Hospital
The Portland District Hospital
The Prince Albert Memorial Hospital (Tenterfield)
The Queanbeyan District Hospital
The Queen Victoria Memorial Hospital
The Quirindi District Hospital
The Royal Newcastle Hospital
3.41
The Rylstone District Hospital

The Scott Memorial Hospital (Scone)
The Shoalhaven District Memorial Hospital
The Singleton District Hospital
The Tamworth Base Hospital
The Temora and District Hospital
The Tibooburra District Hospital
The Tingha District Hospital
The Tocumwal Hospital
The Tottenham Hospital
The Trangie Hospital
The Tullamore District Hospital
The Tumbarumba District Hospital
The Tumut and District Hospital
The Tweed District Hospital
The Urbenville and District Hospital
The Ungarie District Hospital
The Vegetable Creek Hospital
The Wagga Wagga Base Hospital
The Walcha District Hospital
The Wallsend District Hospital
The Walgett District Hospital
The Warialda District Hospital
The Warren District Hospital
The Wauchope District Memorial Hospital
The Wee Waa District Hospital
The Wellington District Hospital
The Wentworth District Hospital
The Werris Creek District Hospital
The Wilcannia District Hospital
The Wilson Memorial Hospital (Murrurundi)
The Wingham and District War Memorial Hospital
The Wollongong Hospital
The Wyalong and District Hospital
The Yass District Hospital
The Yeoval Hospital
The Young District Hospital
3.42
B. GOVERNMENTAL AUTHORITY OF THE COMMONWEALTH OR ANOTHER STATE TO WHICH
THE PUBLIC SERVICE ACTS DO NOT APPLY
Commonwealth of Australia
Australian Atomic Energy Commission
Australian Broadcasting Commission
Australian Broadcasting Control Board
Directorate of Civil Defence
Joint Coal Board
Commonwealth Scientific and Industrial Research Organisation
Commonwealth Hostels Limited
National Capital Development Commission
Commonwealth National Library
Commonwealth and Territories Police Force
Government Printing Office
Commonwealth Railways
River Murray Commission
Australian Shipbuilding Board
Australian Wheat Board
Snowy Mountains Hydro-Electric Authority
Overseas Telecommunications Commission (Australia)
Trans-Australian Airways
Australian Universities Commission
Australian Commonwealth Shipping Board (G.G. 23.11.62)
Australian Stevedoring Industry Authority (G.G. 25.9.64)
Snow Mountain Engineering Corporation
State of Queensland
Department of Railways
Police Force
Golden Casket Art Union Office
State of South Australia

Police Force
Railways Department
South Australian Housing Trust
Electricity Trust of South Australia
Institute of Medical Veterinary Science
3.43
State of Tasmania
Police Force
Teaching Staff (appointed under Education Act)
Transport Commission
Hydro-Electric Commission
Tasmanian Government Insurance Office
Tourist and Immigration Bureau
Legislative Council
House of Assembly
State of Victoria
Grain Elevators Board
Milk Board
Fair Rents Board
State Electricity Commission
Country Roads Board
Geelong Harbour Trust
Melbourne and Metropolitan Board of Works
Melbourne Harbour Trust
Portland Harbour Trust
Latrobe Valley Water and Sewerage Board
Town and Country Planning Board
Soldier Settlement Commission
Melbourne and Metropolitan Tramways Board
Railways Department
Transport Regulation Board
Rural Finance Corporation
Police Force
State of Western Australia

Education (Teaching Service)
Public Library
Museum and Art Gallery
State Electricity Commission
Western Australian Government Railways Commission
State Building Supplies
State Shipping Service
3.44
Fremantle Harbour Trust
State Implement and Engineering Works
Main Roads
Legislative Assembly
Legislative Council
Western Australian Transport Board
Metropolitan (Perth) Passenger Transport
Police Force
NSW State Authorities

Maritime Services Board
Water Conservation and Irrigation Commission
Department of Main Roads
Metropolitan Water, Sewerage and Drainage Board
Police Force
Department of Railways
Department of Motor Transport
Milk Board
The Legislature
Metropolitan Meat Industry Board
Electricity Commission
Hunter District Water Board
Since added:-
Broken Hill Water Board )

Board of Fire Commissioners) G.G. 24.11.61
State Mines Control Authority G.G. 1.6.62
Grain Elevators Board of NSW G.G. 20.7.62
State Planning Authority G.G. 29.10.65
(Auburn to Young District Hospitals) added G.G. 16.10.70
- see Commission's General Instruction No. 1799 of 13 October 1971 for
list of hospitals.
OTHERS INCLUDE:
NSW Ambulance Board 18/7/73
Zoological Parks Board of NSW 2/11/73
Health Commission of NSW 2/11/73
Sydney Cove Redevelopment Authority 29/3/74
3.45
NSW Planning and Environment
Commission 21/2/75
Metropolitan Waste Disposal Authority 3/10/75
Australian Honey Board 29/10/76
Totalisator Agency Board of NSW )
NSW Retirement Board )
Transport Retirement Board ) 16/9/77
NSW Fish Marketing Authority )
Greyhound Racing Control Board )
NSW Film Corporation 11/11/77
Dairy Industry Authority of NSW 2/11/73
NSW Hospitals Planning
Advisory Centre 7/12/79
Trotting Authority of NSW 7/12/79
Public Transport Commission of NSW 2/2/73
COMMONWEALTH AND STATE PUBLIC SERVICE DEPARTMENTS TO WHICH THE VARIOUS

PUBLIC SERVICE ACT APPLY (EXCLUDING NSW)
Commonwealth Public Service

Department of Senate
Department of the House of Representatives
Department of the Parliamentary Library
Department of the Parliamentary Reporting Staff
Joint House Department
Prime Minister's Department
Department of the Treasury
Attorney-General's Department
Department of the Interior
Department of Defence
Department of the Navy
Department of the Army
Department of Air
Department of Customs and Excise
Department of Trade
Department of External Affairs
Postmaster General's Department
Department of Health
Department of Territories
3.46
Department of Social Services
Department of Works
Department of Immigration
Department of Civil Aviation
Department of Supply
Department of Labour and National Service
Department of Shipping and Transport
Repatriation Department
Department of Primary Industry
Western Australia
Department of Agriculture
Audit Department
Chief Secretary's Department
Department of Child Welfare
Crown Law
Department of Education
Fisheries
Forests
Industrial Development
Labour
Lands and Surveys
Local Government
Medical
Mental Health Services
Metropolitan Water Supply, Sewerage and Drainage
Mines
Native Welfare
Police
Premier's
Public Health
Public Service Commissioner's Office
Public Works and Country Water Supply, Sewerage and Drainage
Northern Territory
All Public Service Departments which are part of the Public Service Proper
and whose employees are employed under the provisions of the Northern
Territory Public Service.
1(5/83)
3.47
State Government Insurance Office
State Housing Commission
Town Planning
Treasury
Workers' Compensation Board
Victoria
Premier
Chief Secretary
Treasurer
Education
Law
Crown Lands and Survey
Public Works
Mines
Health
Agriculture
Labour and Industry
State Forests
Water Supply
Ministry of Transport
Local Government
Tasmania
Agricultural Bank (including Land Settlement Division)
Agriculture
Attorney-General
Education (including Adult Education Branch)
Electoral
Forestry
Health Services - (including Tuberculosis, Public Health
and Mental Health Divisions, St. Johns'
Park for the Aged, Lachlan Park Hospital
and Millbrook Psychopathic Home for the
Chest Hospitals).
3.48
Land and Surveys
Land's Titles and Registry of Deeds
Mines
Parliamentary Draftsman
Police
Audit
Premier's and Chief Secretary's Department (including
Industrial Development Branch, His Excellency the
Governor's Establishment, and the Agent General's Office)
Magistracy and Court of Requests (Southern Division)
Magistracy and Court of Requests (Northern Division)
Magistracy and Court of Requests (Western Division)
Prisons
Public Service Commissioner
Public Service Tribunal
Public Trust
Public Works (including Town and Country Planning Branch)
Registrar General
Social Services (including Ashley Home for Boys)
Solicitor General
State Library
Supreme Court and Sheriff
Supply and Tender
Treasury (including Superannuation, Land Valuation and Taxation)
Film Production
Housing
Labour and Industry
Rivers and Water Supply
Queensland
Public Service Commissioner
Auditor General
Co-ordinator-General of Public Works
Premier and Chief Secretary (excluding the Public Service
Commissioner's Department, the Department of the Auditor
General and the Department of the Co-ordinator-General of
Public Works)
Health and Home Affairs
Public Works and Local Government
Labour and Industry
Justice
Treasury (excluding the Queensland Housing Commission)
3.49
Queensland Housing Commission
Public Lands (excluding the Department of Irrigation and
Water Supply and the Department of Forestry)
Irrigation and Water Supply
Forestry
Agriculture and Stock
Education
Development and Mines (excluding the Department of Main Roads
and the Department of Electricity Supply)
Main Roads
Electricity Supply
Transport
South Australia
Aborigines
Adelaide Police Court
Agent-General in England
Agriculture
Agricultural College
Architect-in-Chief
Art Gallery
Attorney-General
Audit
Botanic Gardens
Chemistry
Chief Secretary
Children's Welfare and Public Relief
Country and Suburban Courts
Crown Solicitor
Education
Electoral
Engineering and Water Supply
Factories and Steam Boilers
Fisheries and Game
Government Reporting
Harbors Board
Highways and Local Government
Hospitals & Health Centres as per list on page 3.50
Immigration, Publicity, and Tourist Bureau
Industry
Institute of Medical and Veterinary Science 19(12/93)
3.50
Land Tax
Lands
Libraries
Mines
Minister of Agriculture
Minister of Local Government, Roads and Railways
Motor Vehicles
Museum
Parliamentary Draftsman
Police
Printing and Stationery
Produce
Public Health
Public Stores
Public Trustee
Public Works
Registrar General of Deeds
Sheriff and Gaols and Prisons
Stamp and Succession Duties
Statistical
Superannuation
Supreme Court
Treasury
Woods and Forests
HOSPITALS & HEALTH CENTRES INCORPORATED UNDER THE SAHC ACT 1976 (77)
Aboriginal Health Council of South Australia
Adelaide Rape Crisis Centre
Adelaide Women's Community Health Centre Incorporated
Angaston & district Hospital Incorporated
Balaklava Soldiers' Memorial District Hospital Incorporated (The)
Bordertown Memorial Hospital Incorporated
Burra Burra Hospital Incorporated
Ceduna Koonibba Aboriginal Health Service Incorporated
Central Eyre Peninsula Hospital Incorporated
Child, Adolescent & Family Health Service
Clare District Hospital Incorporated
Cleve District Hospital Incorporated
Coober Pedy Hospital Incorporated
Cummins & District Memorial Hospital Incorporated
Dale Street Women's Health Centre
Drug and Alcohol Services Council
Eastern Community Health Service
Elizabeth Women's Community Health Centre
Elliston Hospital Incorporated
Eudunda Hospital Incorporated
Flinders Medical Centre
19(12/93)
3.50.1
Gumeracha District Soldiers' Memorial Hospital Incorporated
Health Development Foundation
Hutchinson Hospital Incorporated
Independent Living Centre of South Australia Inc.
Inner Southern Community Health Service
Intellectual Disability Services Council Incorporated
Julia Farr Centre
Kangaroo Island General Hospital Incorporated
Karoonda & District Soldiers' Memorial Hospital Incorporated
Kimba District Hospital Incorporated
Kingston Soldiers' Memorial Hospital Incorporated
Lameroo District Hospital Incorporated
Leigh Creek Hospital Incorporated
Lower Murray District Hospital Incorporated
Loxton Hospital Complex Incorporated (The)
Lyell McEwin Health Service
Maitland Hospital Incorporated
Mannum District Hospital Incorporated
Meningie & Districts Memorial Hospital Incorporated
Millicent & District Hospital Incorporated
Modbury Hospital
Mount Barker District Soldiers' Memorial Hospital Incorporated
Mount Gambier Community Health Service Incorporated
Mt. Gambier Community Health Service Incorporated
Murat Bay District Hospital Incorporated
Murray Bridge Soldiers' Memorial Hospital Incorporated (The)
Naracoorte Health Service Incorporated
Noarlunga Health Services Incorporated
North West Nurse Education Centre (The)
Northern Yorke Peninsula Regional Health Service Inc.
Parks Community Health Service (The)
Pika Wiya Health Service
Pinnaroo Soldiers' Memorial Hospital Incorporated
Port Augusta Hospital Incorporated
Port Broughton District Hospital and Health Services Incorporated
Port Lincoln Health & Hospital Services Incorporated
Port Pirie Regional Health Service Incorporated
Queen Elizabeth Hospital (The)
Renmark & Paringa District Hospital Inc.
Riverland Regional Health Services Incorporated
Royal Adelaide Hospital
St. Margaret's Hospital Incorporated
Salisbury Community Health Service
Second Story (The)
South Australian Dental Service
South Australian Mental Health Service
South Coast District Hospital Incorporated
Southern Domiciliary Care & Rehabilitation Service 19(12/93)
3.51
Southern Women's Health & Community Centre
Southern Yorke Peninsula Health Service Incorporated
Strathalbyn & District Soldiers' Memorial Hospital & Health Services
Streaky Bay Hospital Incorporated
Tea Tree Gully Community Health Service
Waikerie Hospital & Health Services Incorporated
Whyalla Hospital & Health Services Incorporated (The)
Women's and Children's Hospital
DEPARTMENTS TO WHICH NSW PUBLIC SERVICE ACT APPLIES
Advanced Education Board
Agriculture
Attorney-General and of Justice
Chief Secretary's
Child Welfare and Social Welfare
Civil Defence
Conservation
Co-operative Societies - and Friendly Societies
Corporate Affairs Commission
Corrective Services
Cultural Activities
Decentralisation and Development
Education
Environment Control
Forestry Commission
Government Insurance Office
Government Stores
Health Commission of NSW
Housing Commission of NSW
Housing Ministry
Labour and Industry
Land Tax Office
Lands
Local Government
Mines
Ministry of Education
Ministry of Transport
Ministry of Sport
National Parks and Wildlife Service
Police
Premier's
Public Service Board
Public Works
Registrar General's
State Superannuation Board
Technical Education
Tourism
Treasury
Valuer General's
Western Lands Commission
19(12/93)
3.52
APPENDIX "F"
"SCHEDULE B" HOSPITALS
These hospitals are "deemed" to be declared authorities of the Transferred Officers'

Extended Leave Act within the New South Wales Public Hospital System. *(92/48,
92/65)
Braeside Church of England

Calvary Hospital - KOGARAH
Dalwood Children's Home
Eversleigh Home of Peace
Greenwich Home of Peace
Lottie Stewart
Mercy Hospital - ALBURY
Mercy Hospital - YOUNG
Mount St. Joseph's Home - YOUNG
Neringah Home of Peace
Newcastle Mater Misericordiae
NSW Methodist Nursing Service
North Sydney Community Hospital (previously St. Ives Church of England)
Our Lady of Loreto Nursing Home for the Aged - Strathfield
Royal Flying Doctor Service (NSW Section)
Sacred Heart Hospice
St. Anthony's Foundling Home
St. Catherine's Villa - EASTWOOD
St. John of God - GOULBURN
St. Josephs - AUBURN
St. Josephs - HEXHAM
St. Margarets
St. Vincent's - BATHURST
St. Vincent's - DARLINGHURST
St. Vincent's - LISMORE (in respect of the St. Joseph's Nursing Home, the Day
Hospital, the Rehabilitation Unit and the community health facilities)
Stewart House Preventorium - CURL CURL
Surf Life Saving Association (Medical Officers)
War Memorial - WAVERLEY
15(10/92)
3.52.1
RECOGNITION OF SERVICE - AUSTRALIAN CAPITAL TERRITORY (ACT) PUBLIC SERVICE (98/1)
As previously advised the Public Employment Office (PEO) has approved that continuous
service with the ACT Public Service, including service with the Department of Health
and Community Care, be recognised as service in terms of the NSW Transferred Officers
Extended Leave Act. Listed below are the names of ACT Government Departments whose
employees are employed pursuant to the Public Sector Management Act 1994 (ACT).
- ACT Electoral Commission - ACT Legislative Assembly

- Health and Community Care - Emergency Services
- Urban Services - Consumer Affairs
- Industrial Relations - Education and Training
- Business, Employment and Tourism - Housing and Family Services
- Arts and Heritage - Sport and Recreation
- Environment, Land and Planning - Children's and Youth Services
- Attorney General's Department - ACT Government Audit Office
- Chief Minister's Department (includes - Office of Public Administration
Office of Financial Management - and Management
formerly Treasury)
Prior to the enactment of the Public Sector Management Act 1994 (ACT) employees of
the above organisations were employed pursuant to the Public Service Act 1922
Commonwealth.
Any enquiries concerning this Circular should be directed in the first instance to
your hospital/health service Personnel/Human Resources Department. Only
hospital/health service Personnel/Human Resource Department personnel should contact
the Department directly.
27(3/98)
3.52.2
RECOGNITION OF PRIOR SERVICE – THE TRANSFERRED OFFICERS EXTENDED LEAVE ACT 1961
(99/1)
The Premier’s Department, Public Sector Management Office has issued advice
concerning the recognition of service in public hospitals of other States/
Territories in terms of the NSW Transferred Officers Extended Leave Act 1961 (the
Act). The Act allows for recognition of previous service for the purposes of
calculating long service leave entitlements subject to certain provisions, including
that the service is continuous and the service is under the respective Public Service
Act.
The Department has now been advised that service in public hospitals in the
Australian Capital Territory, the Northern Territory, Tasmania and Western Australia
is under their respective Public Service Acts. Such service is therefore eligible to
be included when calculating extended (long service) leave entitlements by New South
Wales public sector organisations, including those within the public health system,
provided it satisfies the continuity of service requirement of the Act.
The same provisions would apply to service of most employees who worked in hospitals
operated by the Commonwealth, unless another specific contractual relationship
existed, eg such as a Visiting Medical Officer appointed as an independent
contractor.
It should be noted that it is the responsibility of the person seeking recognition of

previous service for extended (long service) leave purposes to supply the current
employer with all the relevant documentation concerning such previous employment.
Such documentation should include details of the period of employment, whether the
employment was full-time or part-time (if part-time the number of hours worked per
week should be included), details of any leave without pay and details of any long
service leave taken or paid.
Any enquires from individuals concerning recognition of service should be directed to

their employer in the first instance. Only hospital/health service Personnel/Human
Resource Department personnel should contact the Department directly.
29(1/99)
3.52.3
* THE TRANSFERRED OFFICERS EXTENDED LEAVE ACT 1961 - RECOGNITION OF

PRIOR SERVICE (2000/9)
The Premier’s Department (Public Sector Management Office) has advised

pursuant to section 2(2) of the Transferred Officers Extended Leave
Act 1961, the following have been proclaimed as governmental
authorities of another state:
(a) public hospitals included in the health service districts declared

under section 6 of the Health Services Act (QLD) 1991,
(b) hospitals incorporated by proclamation under section 27 of the

South Australian Health Commission Act 1976, and
(c) public hospitals as defined in section 3 of the Health Services

Act (VIC) 1988.
Action may now be taken to recognise the previous service of employees

who had service with one or more of the organisations named above,
subject to such service satisfying the continuity of service
requirements of the Transferred Officers Extended Leave Act 1961.
The responsibility for providing all the necessary documentation in

support of any application for the recognition of service rests with
the employee and not the employer. Employees wishing to apply for
recognition of previous service should ensure that they supply their
employer with all the relevant documentation to enable the application
to be processed as soon as possible.
The Department will approach the Queensland, South Australian and

Victorian health authorities in an attempt to obtain a list of the
hospitals referred to above. This list will be circulated when
received, but Health Services need to aware that this list will change
from time to time. In the meantime, Health Services will need to
undertake appropriate checking with the interstate authorities to see
whether a particular interstate health facility is recognised under
the Transferred Officers Extended Leave Act 1961.
Any enquiries concerning this matter should be directed to relevant

human resource personnel in health services. Only human resource
personnel from Area Health Services are to contact the Department.
31(5/00)
3.53
APPENDIX G
HOSPITAL EMPLOYEES (OTHER THAN NURSES)
APPLICATION FOR LONG SERVICE LEAVE
_______________________________________________________________________________
|I____________________________________________hereby apply for_______Months_______Days |
| Surname Other Names |
| |
|long service leave to commence on the _________________________________________________|
| |
|*In the case of employees who are ceasing employment, the date shown should be |
|the day following the last day of duty. |
|If applicable, state other surname relevant to previous periods of service or |
|long service leave taken________________________ |
| |
|DATE OF BIRTH______/______/______ Signature____________________________________ |
|_______________________________________________________________________________________|
_______________________________________________________________________________________
| FOR HOSPITAL'S USE ONLY |
| _____________________________________________________________________________________ |
||PERIODS OF EMPLOYMENT ||
|| | |Period of Employment | | | ||
|| Employer | Award Classification | From | To |Years|Months|Days||
|| | | | | | | ||
|| | | | | | | ||
|| | | | | | | ||
|| | | | | | | ||
|| | | | | | | ||
|| | | | | | | ||
|| | | | | | | ||
|| TOTAL |_____|______|____||
||_____________________________________________________________________________________||
| |
| _____________________________________________________________________________________ |
||LONG SERVICE LEAVE ACCRUED/DUE ||
|| ||
|| ||
|| ||
||ENTITLEMENT FOR ______ years service months_______ days_______||
|| ______ months service = ||
|| ______ days service ||
|| ||
||LESS ||
||LONG SERVICE LEAVE TAKEN/PAID FOR ||
|| ||
||i) period from ___/___/___ to ___/___/___ months ____ days ____ ||
||ii) period from ___/___/___ to ___/___/___ months ____ days ____ ||
||iii) period from ___/___/___ to ___/___/___ months ____ days ____ ||
|| ||
|| TOTAL TAKEN months_______ days_______||
|| BALANCE DUE months_______ days_______||
||_____________________________________________________________________________________||
| |
| DOCUMENTARY EVIDENCE OF PREVIOUS BROKEN |
| SERVICE AND PAYMENTS SIGHTED AND RETAINED |
| PERSONAL FILE_____________________________________________ |
| PREPARING OFFICER |
|_______________________________________________________________________________________|
_______________________________________________________________________________________
|CERTIFICATION |
| |
|*IT IS HEREWITH CERTIFIED THAT THE ABOVEMENTIONED DETAILS ARE A TRUE AND ACCURATE |
|RECORD OF MY SERVICE AND I HAVE NOT RECEIVED PAYMENT OR LEAVE FOR ANY LONG SERVICE |
|LEAVE ENTITLEMENTS OTHER THAN THOSE STATED ABOVE. |
| |
| ______________________________ ___/___/___ |
| SIGNATURE OF EMPLOYEE |
| |
|*TO BE SIGNED BY EMPLOYEE PRIOR TO AUTHORISATION AND PAYMENT BEING MADE. |
|_______________________________________________________________________________________| 11/(2/90)
3.53A
APPENDIX G
PAYMENT DETAILS
_______________________________________________________________________________________
|FOR STAFF CONTINUING IN EMPLOYMENT FOR STAFF RESIGNING/RETIRING |
| |
|First day of leave ___/___/___ Last day of service ___/___/___ |
|Last day of leave ___/___/___ |
|_______________________________________________________________________________________|
________________________________________________________________________________________
|Wage Rate (per week) AS AT COMMENCEMENT OF LEAVE |
| |
| _______________________________ |
| | Amount in Figures | |
| |_______________________________| |
| | $ | c | |
| |______________|________________| |
| | | | |
|Rate as per Clause ( ) ... ... ... ... ... ... |______________|________________| |
| | | | |
|Leading hand allowances... ... ... ... ... ... ... |______________|________________| |
| | | | |
|Long service allowances... ... ... ... ... ... ... |______________|________________| |
| | | | |
|Special allowances (give details ... ... ... ... | | | |
|.. ... ... ... ... ... ... ... ... ... ... ... ... |______________|________________| |
| | | | |
| | | | |
| TOTAL |______________|________________| |
|_______________________________________________________________________________________|
_______________________________________________________________________________________
| AMOUNT REQUIRED TO MEET CLAIM |
| |
| ___________ ___________ |
|__________weeks__________________days at | | | | |
|(N.B. - 1 Day = one-seventh of gross weekly Salary)|$ / |per week|$ / | |
| |(AMOUNT IN | |(AMOUNT IN | |
| |FIGURES) | |FIGURES) | |
| |
|EXAMINED AND CERTIFIED CORRECT______________(amount)__________________________________ |
| |
|*CHECKED AND PAYMENT AUTHORISED______________(amount)__________________________________|
| |
|DATE OF PAYMENT_______________________Payment Advice No.______________________________ |
| |
|SERVICE CARD AND REGISTER NOTED______________________ per_____________________________ |
| |
| _________________________________HOSPITAL|
| |
|*ENSURE EMPLOYEE CERTIFICATION IS COMPLETED ON FRONT SHEET. |
|_______________________________________________________________________________________|
11(2/90)
3.56
PUBLIC HOSPITAL EMPLOYEES LONG SERVICE LEAVE ENTITLEMENTS FOR PERMANENT PART-TIME
EMPLOYEES (93/38)
The purpose of this circular is to provide clarification in respect to the above and
assist personnel in the calculation, payment and recording of long service leave for
"new" Permanent Part-time employees (i.e. those not in receipt of a part-time
loading) and employees who have had a combination of Full-time and "new" Permanent
Part-time employment.
Following a review of the introduction of "new" Permanent Part-time classifications

into other Awards the Department has determined that the provisions outlined in
Departmental Circular 88/88 which related to long service leave for "new" Permanent
Part-time Nurses, is to apply in respect to all "new" Permanent Part-time employees.
Difficulties also have arisen in the past in respect to the calculation and payment
of long service leave for those employees who have had a combination of full-time and
"new" permanent part-time service and who wish to take a proportion of their long
service leave during their employment. To assist in the calculation of entitlements
the attached calculation sheet has been developed, (Appendix A).
Employees who have worked a combination of "new" permanent part-time and full-time
service and who either proceed on leave or terminate are entitled to the quantum of
long service leave for the actual period of service. However, the payment due would
be at an adjusted monetary rate based on the FTE period of leave.
The formula used on the attached calculation sheet requires that months/days accrued
be converted to days only (refer to Sections A and B - Total days) and the following
table is to be used for this process. For example, if an employee has 15 years
service and a long service leave entitlement of 4 months 15 days, then for the
purpose of the formula 136 days would be used. Alternately the table is to be used
to convert several periods of leave which were less than whole months to months, e.g.
an employee who has taken two (2) periods of three (3) weeks would have one (1) month
twelve (12) days recorded as leave taken.
Conversion of Months to Days
1 month equivalent to 30 calender days

2 months equivalent to 61 calender days
18(9/93)
3.57
At Section C, point 1, when the "Number of days payable at full-time rate of pay" is
calculated, this should be rounded off to the nearest ¼ (quarter) day and then that
figure (C.1) should be used for the calculation at Section C, point 2.
At Section D, "Total Leave Taken" indicates the actual period of absence and "Total
FTE Leave Paid" indicates the FTE days debited against Computed Service Accrued. The
employees leave record should also be noted with both figures.
When the employee applies for further long service leave during employment or
terminates, a new calculation sheet will be completed and personnel should ensure
that the information at Section D of all previous calculation sheets is aggregated
and transferred to the appropriate point in Sections A and B of the new calculation
sheet.
For your information sample calculation sheets have been completed (appendix B and C)
for an employee who has worked ten (10) years full time and five (5) years @ half
time i.e. "new" permanent part-time) and are attached. The calculation sheet is only
to be used for staff employed as "new" Permanent Part-time and those staff who have
had e combination of full-time and permanent part-time employment and is not to be
used for those employed who are in receipt of a part-time loading.
Those part-time employees who are in receipt of the part-time loading by reason of
the fact that they were employed prior to the introduction of the "new" Permanent
Part-time classification into their Award and have not made an election to be "new"
Permanent Part-time, gain an entitlement to long service leave from the Long Service
Leave Act and not the relevant Public Hospital Award.
All enquiries concerning the application of this Circular should be directed by the
hospitals to the respective Area Health Service or the Rural Health Directorate.
Only Area Health Services or Rural Health Directorate human resources/industrial
personnel should contact the Department direct for clarification or advice.
18(9/93)
3.58
APPENDIX A
LONG SERVICE LEAVE PAYMENT CALCULATION

(All Permanent Part-time classifications).
Name:_____________________ Employee No._______________ Department:_____________
Period of leave: From_____________ To:______________ Total days:___________________
SECTION A: ACTUAL SERVICE FOR ACCRUED LEAVE
Total actual service: _______________ Years_______________ Months________________ Days
Entitlement on actual service:_________________________ Months____________________ Days
LESS total leave taken: ________________________ Months__________________________Days
a) Current leave entitlement: ____________Months ___________Days. Total Days________
SECTION B: COMPUTED SERVICE FOR ACCRUED PAYMENT
Computed FTE Service:_______________ Years_______________ Months______________ Days
Entitlement on Computed Service:______________________ Months___________________ Days
LESS total FTE leave paid: _______________________ Months________________________Days
b) Balance for payment: ____________Months ______________Days. Total Days_________
SECTION C: CALCULATION OF LEAVE FOR PAYMENT
1. Using (a) and (b) above ie Total days, apply the formula:
Computed entitlement (b) X Number of Days leave = No. of days payable

Actual entitlement (a) at F/T rate of pay
(b) _________________ X ________ Days leave = ________ Days FTE rate

(a)
2. _____________Days X Full time weekly rate = Amount to be paid

7
SECTION D: TOTAL LEAVE TAKEN/PAID
At the completion of the above leave the following totals are carried forward:
Total Leave Taken_______________________________Total FTE Leave Paid_________________
Completed by:________________________________ Checked by___________________________

(Signature) (Signature)
18(9/93)
3.59
APPENDIX B

Name:___A.Blogs__________ Employee No.__XX_________ Department:___YYY__________
Period of leave: From__1.4.92______ To:__30.4.92_______ Total days:_____30____________
Total actual service: ___15__________ Years_____7_________ Months___0____________ Days
Entitlement on actual service:_____4___________________ Months____23.5____________ Days
LESS total leave taken: _______1________________ Months__________0_______________Days
a) Current leave entitlement: ___3________Months __23.5_____Days. Total Days_114.5__
Computed FTE Service:___12__________ Years_____9_________ Months___15_________ Days
Entitlement on Computed Service:____3_________________ Months_____11____________ Days
LESS total FTE leave paid: _______________________ Months_____21.73______________Days
b) Balance for payment: ___2________Months ___19.27______Days. Total Days__80.27__

(b) __80.27__________ X ___30___ Days leave = __21.03_ Days FTE rate

(a) 114.5
2. __21.03______Days X Full time weekly rate = Amount to be paid

7
Total Leave Taken___2 months____________________Total FTE Leave Paid____42.76________
Completed by:________0000____________________ Checked by________++++______________

18(9/93)
3.60
APPENDIX C

Name:___A.Blogs__________ Employee No.__XX_________ Department:___YYY__________
Period of leave: From__1.9.91______ To:__30.9.91_______ Total days:_____30____________
Total actual service: ___15__________ Years_____0_________ Months___0____________ Days
Entitlement on actual service:_____4___________________ Months____15______________ Days
LESS total leave taken: _______NIL______________ Months__________________________Days
a) Current leave entitlement: ___4________Months __15_______Days. Total Days_136___
Computed FTE Service:___12__________ Years_____6_________ Months___0__________ Days
Entitlement on Computed Service:____3_________________ Months_____7.5____________ Days
LESS total FTE leave paid: ______N/A______________ Months_______________________Days
b) Balance for payment: ___3________Months ___7.5________Days. Total Days__98.5__

(b) __98.5___________ X ___30___ Days leave = __21.73_ Days FTE rate

(a) 136
2. __21.73______Days X Full time weekly rate = Amount to be paid

7
Total Leave Taken___1 month_____________________Total FTE Leave Paid____21.73________
Completed by:________0000____________________ Checked by________++++______________

18(9/93)
3.61
LONG SERVICE LEAVE - PUBLIC HOSPITALS - PART-TIME AND FULL-TIME SERVICE (93/71)
The Department has received a number of enquiries from Area Health Services/Regions
and representations from the Health and Research Employees' Association concerning
the correct manner of calculating Long Service Leave entitlements for employees who
have a combination of full-time service and "old" part-time service (i.e. those
employees in receipt of a part-time loading).
This Circular applies to all part-time employees who are in receipt of a part-time
loading including those covered by the:
i) Hospital Employees' Conditions of Employment (State) Award, except for the

classifications of Radiographer and Nuclear Medicine Technologist who are
employed on the "new" permanent part-time basis in these classifications.
ii) Public Hospital Nurses (State) Award - "Old" part-time only.
iii) Professional and Allied Health Awards - "Old" part-time only.
The Public Hospital - Leave Matters Manual and relevant Public Hospital Awards deal
with accrual of Long Service Leave for full-time employees and employees who have had
previous "old" part-time service which merged (without a break) with full-time
service. However, the issue of previous full-time service which merges (without a
break) with "old" part-time service is not addressed.
This Circular deals with the correct method of calculating "service" for the purpose
of determining long service leave entitlements for employees who transfer between
full-time employment and "old" part-time employment. The following gives a brief
outline of the provisions which apply to employees who alter their hours of
employment:
1. Transfer from full-time to "old" Part-time.

Previous full-time service (with the same employer) is to be counted for long
service under the provisions of the Long Service Leave Act.
2. Transfer from "old" part-time to full-time.

The Award, which provides for Long Service Leave entitlements for full-time
employees, allows previous part-time service to be counted for long service
leave accruals if:
• it merges without a break with subsequent full-time service, and
18(9/93)
3.62
• the employee worked the equivalent of at least two full days duty per
week.
By way of example, where an employee, who is currently employed as "old" part-time,
had eight (8) years previous full-time service and has now completed four (4) years
part-time service, the total service for the purpose of calculating long service
leave entitlements would be twelve (12) years and the entitlement would be due under
the provisions of the Long Service Leave Act, including the definition of "ordinary
rate".
If, the above employee resigned and was, at some future time re-employed on a full--
time or permanent part-time basis (long service leave would be paid in accordance
with the provisions of the relevant Award) the employee would only count the previous
period of full-time service towards the accrual of long service leave. The part-time
service could not be counted i.e. it did not meet the requirements outlined in (2)
above.
For example, as the employee has only completed eight (8) years full-time service, if
re-employed on a full-time basis, he/she would need to complete two (2) years of
service before he/she is eligible to proceed on long service leave (i.e. after ten
(10) years' service). After two (2) years he/she would have accrued twelve (12)
calender days. After the completion of two (2) years the rate of accrual would be
fifteen (15) days per annum. Therefore, after the employee has completed say six (6)
years after being re-employed their long service leave entitlement would be two (2)
months and twelve (12) days. No payment is to be made in respect to the previous
eight (8) years, only the years of service are to be recognised for the purpose of
the rate of accrual.
Mindful of the fact that employee records may be destroyed in time it is suggested
that to avoid possible future difficulties Hospitals/Area Health Services implement a
system where details of an employees employment history and long service leave
payments can be recorded for future reference.
Special Note: Notwithstanding the purpose of this Circular is to deal with "old"
part-time employees, it should be remembered that when full-time employees transfer
to permanent part-time or vice versa the entitlements for long service leave are
obtained from the relevant Award. Departmental Circular 93/38 deals with the correct
method of calculation and payment of long service leave for those employees who have
had a combination of full-time and permanent part-time employment.
18(9/93)
FACS, PERSONAL/CARER’S AND FLEX LEAVE 4.1
PERSONAL/CARER’S LEAVE, FAMILY AND COMMUNITY SERVICES LEAVE (97/11)
This circular is applicable to the Area/Rural Health Services, Public Hospitals, Ambulance Service,
Royal Alexandra Hospital for Children (New Children’s Hospital) and Corrections Health.
On 11 February 1997 the Public Sector Management Office (PSMO) of the Premier’s Department issued
a new Determination, developed in consultation with Labor Council and public sector unions, dealing
comprehensively with Family & Community Services (FACS) Leave, Personal/Carer’s Leave and the
flexible use of other leave entitlements for public servants.
NSW Health has consulted the PSMO and Labor Council and had regard to the above Determination in
developing the following arrangements, which include appropriate modifications to reflect the more
generous FACS provisions currently applying in the health system. In line with the PSMO
Determination, the FACS and Personal/Carer’s Leave entitlements and associated arrangements set out
in the attachment to this circular, are to take effect from 30 August 1996, the date of the Industrial
Relations Commission judgment in the State Personal/Carer’s Leave Test Case.
FACS Leave and Personal/Carer’s Leave are separate and stand alone entitlements. FACS Leave and
Personal/Carer’s Leave are available to all employees other than casuals.
FACS Leave is available:
• for a range of personal reasons encompassing family responsibilities; or

• for the performance of community service; or
• for cases of pressing necessity.
Personal/Carer’s Leave is available:
• to provide care and/or support for sick members of the employee’s family or household;
• to provide for the flexible use of other entitlements.
With Personal/Carer’s Leave employees are able to access current and up to 3 years accrued sick leave
entitlements to care for a sick dependant.
There are also facilitative provisions in the new arrangements which are available to assist employees to
reconcile work and family responsibilities by providing access to annual leave, time off in lieu of
payment of overtime and “make up” time. Access to both paid sick leave and time off in lieu of
payment of overtime are specifically for the purpose of caring for a prescribed person.
Additional FACS Leave for Bereavement Purposes - where FACS Leave has been exhausted,
additional paid leave of up to 2 days may be granted on a discrete ‘per occasion’ basis to an employee on
the death of a family member as defined in clause 1.
Flexible Work Practice Alternatives to Using FACS or Personal/Carer’s Leave
As an alternative to, or to be used in conjunction with FACS or Personal/Carer’s Leave, are work
practices that permit employees to vary their work arrangements to attend to short term family
responsibilities or community services.
28(8/98)
Health service organisations are to implement, where practicable, policy and procedures as defined in
clause 4 “Use of make-up time”, whereby employees have available to them the opportunity to:
(i) be absent from the workplace for short periods of time (e.g. 2 hours) and be able to make up the
time either earlier or later on the same day, or during the following week or month;
(ii) exchange shifts or part-shifts with co-workers.
Implementation
All industrial instruments will be varied in due course to include reference to the above FACS and
Personal/Carer’s Leave arrangements and, where applicable, to remove inconsistent, redundant or
inferior award provisions dealing with leave previously used for such purposes.
Any costs resulting from these new arrangements will need to be met from within existing resources.
PSMO Review of Personal/Carer’s Leave in the Public Sector
In view of the Industrial Relation Commission’s intention to review the operation of the August 1996
State Personal/Carer’s Leave standard clause and general orders, the PSMO is to undertake a
comprehensive review of the implementation of FACS and personal/carer’s leave in the public sector.
The PSMO review is to particularly focus on the extent to which sick leave is accessed by public sector
employees for the purpose of caring for a sick person.
Area Health Services/Hospitals and Ambulance Service should ensure they have appropriate systems in
place to enable the implementation and ongoing operation of personal carer’s leave and the continued
operation of FACS Leave to be monitored. These systems will not only facilitate EEO reporting
requirements but should also enable the demand for both forms of leave, and the cost of meeting that
demand for the NSW Health system, to be properly assessed. Such information will be vital in any
review of the operation of these leave provisions.
Any enquiries concerning this circular should be directed by hospitals/health units to the Health Service
in the first instance. Only Health Service human resource personnel should contact the Department
directly concerning the abovementioned.
NSW HEALTH SYSTEM - FAMILY & COMMUNITY SERVICE LEAVE,

PERSONAL/CARER'S LEAVE AND FLEXIBLE USE OF OTHER LEAVE ENTITLEMENTS
1. Family and Community Service Leave
1.1 Family and Community Service Leave - General
i. For the purposes of this clause:
1. “relative” means a person related by blood, marriage or affinity;
2. “affinity” means a relationship that one spouse because of marriage has no

blood relatives of the other; and
3. “household” means a family group living in the same domestic dwelling.
28(8/98)
ii. The appropriate CEO may grant family and community service leave to an employee:
(a) to provide care and/or support for sick members of the employee's relatives or
household; or
(b) for reasons related to the family responsibilities of the employee (e.g. to arrange
and or attend a funeral of a relative; to accompany a relative to a medical
appointment where there is no element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(c) for reasons related to the performance of community service by the employee
(e.g. in matters relating to citizenship; to office holders in local government,
other than as mayor, for attendance at meetings, conferences or other associated
duties; representing Australia or the State in major amateur sport other than in
Olympic/Commonwealth Games); or
(d) in a case of pressing necessity (e.g. where an employee is unable to attend work
because of adverse weather conditions which either prevent attendance or
threaten life or property; the illness of a relative; where a child carer is unable to
look after their charge).
iii. Family and Community Service Leave replaces Compassionate Leave.
iv. An employee is not to be granted family and community service leave for attendance at
court to answer a criminal charge, unless the appropriate CEO approves the grant of
leave in the particular case.
Management should assess applications for family and community service leave to
attend court, for reasons other than criminal charges (ie. Family Court), on an individual
basis.
1.2 Family and Community Service Leave - Entitlement
i. The maximum amount of family and community service leave on full pay that may be
granted to an employee is:
(a) 3 working days during the first year of service, commencing on and from
1 January 1995, and thereafter 6 working days in any period of 2 years; OR
(b) 1 working day, on a cumulative basis effective from 1 January 1995, for each
year of service after 2 years' continuous service, minus any period of family and
community service leave already taken by the employee since 1 January 1995,
whichever method provides the greater entitlement.
For the purposes of calculating entitlements under (i) (a) and (b) above, a working day
for employees working 40 or 38 hours per week shall be deemed to consist of 8 hours,
and working day for employees working 35 hours per week shall be deemed to consist
of 7 hours. The rate at which FACS leave is paid out and utilised shall be on actual
hours absent from rostered shift.
28(8/98)
Example A: An employee working 40 or 38 hours per week will have an

entitlement, in their first year of employment, to 24 hours of FACS leave. If the
employee takes FACS leave for a full 10 hour shift, the employee would be debited 10
hours of FACS leave.
Example B: An employee working 35 hours per week will have an entitlement, in

their first year of employment, to 21 hours of FACS leave. If the employee takes FACS
leave for a full 7 hour shift, the employee would be debited 7 hours of FACS leave.
Example C: An employee, employed prior to 1 January 1995, applies for FACS

leave on 20 February 1997. The employee is entitled to 6 days in any period of two
years. Therefore, to calculate the employee's available FACS leave as at 20 February
1997, add all FACS leave taken from 21 February 1995 to 20 February 1997 and deduct
that amount from the 6 days entitlement.
ii. Family and Community Service Leave is available to part-time employees on a pro rata
basis, based on the average number of hours worked per week, i.e. a working day shall
consist of one-fifth of the employee's average weekly hours during the preceding 12
months or during the employee's period of employment whichever is the lesser period.
Example: An employee working an average of 30 hours per week will have an

entitlement, in his/her first year of employment, of 18 hours of FACS leave. If the
employee takes FACS leave for a full rostered shift eg of 4 hours, the employee would
be debited 4 hours of FACS leave. Likewise if the employee was rostered for 8 hours
and was absent for the full 8 hours on FACS leave, he/she would receive, and be
debited, 8 hours paid FACS leave.
iii. Where family and community service leave has been exhausted, additional FACS leave
of up to 2 days for bereavement may be granted on a discrete, ‘per occasion' basis to an
employee on the death of a relative or member of a household as defined in Clause 1
"Definitions".
1.3 Use of other leave entitlements
The appropriate CEO or authorised delegate, may grant an employee other leave entitlements for
reasons related to family responsibilities, or community service by, the employee. An employee
may elect, with the consent of the employer, to take:
(a) annual leave;
(b) long service leave;
(c) leave without pay.
2. Personal/Carer's Leave
2.1 Use of sick leave to care for the person concerned - definitions
A person who needs the employee's care and support is referred to as the "person concerned"
and is:
28(8/98)
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or wife of
that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee
on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
1. “relative” means a person related by blood, marriage or affinity;
2. “affinity” means a relationship that one spouse because of marriage has no

blood relatives of the other; and
3. “household” means a family group living in the same domestic dwelling.
2.2 Use of sick leave to care for the person concerned - entitlement
(a) The entitlement to use sick leave in accordance with this clause is subject to:
(i) the employee being responsible for the care and support of the person
concerned, and
(ii) the person concerned being as defined in Clause 2.1.
(b) Other than a casual or any other employee who receives a loading in lieu of sick leave,
an employee with responsibilities in relation to a person who needs their care and
support shall be entitled to use the untaken sick leave, from that year's annual sick leave
entitlement, to provide care and support for such persons when they are ill.
(c) Sick leave accumulates from year to year. In addition to the current year's grant of sick
leave available under (b) above, sick leave untaken from the previous 3 years may also
be accessed by an employee with responsibilities in relation to a person who needs their
care and support.
(d) The CEO or authorised delegate may, in special circumstances, make a grant of
additional sick leave. This grant can only be taken from sick leave untaken prior to the
period referred in Clause (c) above.
(e) The employee shall, if required, establish either by production of a medical certificate or
statutory declaration, that the illness of the person concerned is such as to require care
by another person.
28(8/98)
(f) The employee has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or statutory declaration.
(g) The employee is not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(h) The employee shall, wherever practicable, give the employer notice prior to the absence
of the intention to take leave, the name of the person requiring care and that person's
relationship to the employee, the reasons for taking such leave and the estimated length
of absence. If it is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(i) In normal circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
2.3 Use of other leave entitlements
An employee may elect, with the consent of the employer, to take:
(a) annual leave, including annual leave not exceeding 5 days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties. An employee and
employer may agree to defer payment of the annual leave loading in respect of single
day absences, until at least 5 consecutive annual leave days are taken.
(b) long service leave.
(c) leave without pay for the purpose of providing care and support to a member of a class
of person set out in 2.1.
3. Time Off in Lieu of Payment of Overtime
(a) An employee may elect, with the consent of the employer, to take time off in lieu of
payment of overtime at a time or times agreed with the employer within 12 months of
the said election.
(b) Overtime taken as time off during ordinary time shall be taken at the ordinary time rate,
that is, one hour off for each hour of overtime worked.
(c) If, having elected to take time as leave in accordance with 3(a) above, the leave is not
taken for whatever reason, payment for time accrued at overtime rates shall be made at
the expiry of the twelve (12) month period from the date the overtime was worked, or
earlier by agreement, or on termination.
(d) Where no election is made in accordance with paragraph 3(a), the employee shall be
paid overtime rates in accordance with the relevant industrial instrument.
28(8/98)
4. Use of make-up time
(a) An employee may elect, with the consent of the employer, to work "make up time".
"Make-up time" is worked when the employee takes time off during ordinary hours for
family or community service responsibilities, and works those hours at another time,
during the spread of ordinary hours provided in the relevant industrial instrument, at the
ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work
"make-up time" (under which the employee takes time off during ordinary hours and
works those hours at another time) at the shift work rate which would have been
applicable to the hours taken off.
5. Grievance and dispute handling process
In the event of any grievance or dispute arising in connection with any part of the provisions of
this circular, such a grievance or dispute shall be processed in accordance with established
grievance and dispute handling procedures.
28(8/98)
* ACCESSING LEAVE ENTITLEMENTS AND FLEXIBLE WORK
ARRANGEMENTS TO OBSERVE RELIGIOUS DUTIES (2003/6)
This Circular rescinds and replaces Departmental Circular 2002/15, and applies to all
employees of the Department of Health, the Health Administration Corporation, and public
health organizations as defined under section 7 of the Health Services Act 1997 (including
Area Health Services, Corrections Health Service, and the Children’s Hospital at Westmead),
and the Ambulance Service of New South Wales.
This Circular reiterates the Government’s commitment in the Year 2003 to accommodate the
culturally diverse nature of the public sector workforce.
Chief Executive Officers are asked to distribute the attached list of Days of Religious
Significance for Multicultural NSW for the Year 2003 to all managers and supervisors.
Provided adequate notice is given by the employee, managers and supervisors should be
sensitive and accommodating with employees wishing to access leave entitlements and
flexible working hours arrangements (where they exist) for the purpose of observing religious
duties.
Specific enquiries concerning this Circular are to be directed to the relevant Area Human
Resource Department in your Health Service. Only Human Resource personnel from Health
Services are to contact the Department direct.
DAYS OF RELIGIOUS SIGNIFICANCE FOR MULTICULTURAL NEW SOUTH

WALES FOR THE YEAR 2003
JANUARY
6 Christmas Armenian Christian
6 Epiphany Orthodox Christian
7 Christmas Orthodox Christian
20 – 25 Feb Pilgrimage to Mecca Islam
FEBRUARY
1 Lunar New Year, Chinese New Year, Tet Chinese/Vietnamese
Buddhist
12 Eid al-Adha (festival of sacrifice) Islam
27 St. Vartan’s Day Armenian Christian
MARCH
2 – 20 Period of fasting Baha’i
4 Islamic New Year (Hijra) Islam
10 Lent commences Orthodox Christian
14 Ashura Islam
18 Purim (begins sunset 17th ) Jewish
21 Naw Ruz Baha’i, Iranian
25 Annunciation of the Virgin Mary Orthodox Christian
35(3/03)
APRIL
14 Vaisaki Sikh
17 – 24 Pesach or Passover Jewish
18 Good Friday Christian, including
Armenian
20 Easter Christian, including
Armenian
21 First Day of Ridvan Baha’i
24 Holy Thursday Orthodox Christian
25 Good Friday Orthodox Christian
27 Easter Orthodox Christian
29 Ninth day of Ridvan Baha’i
MAY
2 Twelfth day of Ridvan Baha’i
15 Birth of Prophet Muhammad Islam
23 Declaration of the Bab Baha’i
26 Vesak day (Theravada –birth, Buddhist
enlightenment and passing away of the
Buddha)
29 Ascension of Baha’u’llah Baha’i
JUNE
5 Ascension of Jesus Orthodox Christian
6–7 Shavuot (begins sunset 5th ) Jewish
15 Pentecost Orthodox Christian
16 Feast of Holy Sprit Orthodox Christian
JULY
9 Martyrdom of the Bab Baha’i
AUGUST
6 Transfiguration of Christ Orthodox Christian
7 Tisha B’av Jewish
15 Dormition of the Virgin Mary Orthodox Christian
20 Krishna Janamashtami or birth of the Hindu
Lord Krishna
31 Ganesh Chaturthi Hindu
SEPTEMBER
24 Isra and Miraj Islam
27 - 28 Rosh Hashanah (new year – begins sunset Jewish
26th )
35(3/03)
OCTOBER
6 Yom Kippur (begins sunset 5th ) Jewish
11 – 12 Succot (begins sunset 10th ) Jewish
18 – 19 Shemini Atzeret, Simchat Torah (begins Jewish
sunset 17th )
20 Birth of the Bab Baha’i
25 Diwali Hindu
27 Ramadan commences (period of fasting) Islam
NOVEMBER
8 Birth of Guru Nanak Sikh
12 Birth of Baha’u’llah Baha’i
25 Eid al-Fitr Islam
DECEMBER
20 – 27 Chanukah (begins sunset 19th ) Jewish
25 Christmas Christian
Note: the Islamic days may adjust one or two days either side of the dates above.
35(3/03)
* ATTENDANCE AT STATE SUPER RETIREMENT PREPARATION SEMINARS (2002/113)
This circular applies to employees of the public health organisations as defined under section 7 of the
Health Services Act 1997 (including Area Health Services, Corrections Health Service, and the New
Children’s Hospital), and the Ambulance Service of New South Wales who are members of State
Authorities Superannuation Scheme or the State Superannuation Scheme only.
State Super (SAS Trustee Corporation) conducts retirement preparation seminars to assist members of
the State Authorities Superannuation Scheme and the State Superannuation Scheme with what can be
difficult and complex decisions regarding the options available to them at retirement. These seminars
are approximately four hours duration and are conducted at various locations across New South Wales.
The Health Administration Corporation pursuant to Section 115 of the Health Services Act 1997, has
determined that employees who are members of either of the above schemes, and who are invited by
State Super (SAS Trustee Corporation) to attend a retirement seminar are eligible for up to 2 days
Special Leave to attend such seminar (including reasonable travelling time).
Enquiries concerning this Circular should be directed to the relevant human resources personnel in the
Area Health Services. Only Area Health Services human resources personnel are to contact the
Department’s nominated contact officer.
35(3/03)
MATERNITY LEAVE/ADOPTION LEAVE 5.1
MANAGING PARENTAL LEAVE FOR EMPLOYEES IN THE NSW HEALTH SYSTEM

(98/93)
This Circular replaces Circulars 87/98, 87/235, 97/2 and 97/133 and Section 7 in the Leave Matters
Manual for Public Hospitals and Area Health Services. It should be noted that certain public hospital
awards also contain provisions for Parental Leave and those provisions should be read in conjunction
with this Circular. The Leave Matters Manual is currently under review and the content of this circular
will be included in the revised Manual. References are also made to relevant sections of the New South
Wales Industrial Relations Act 1996 for minimum entitlements.
This Circular applies to all employees of area health services, statutory health corporations and affiliated
health organisations, as listed in Schedules 1, 2 & 3 of the Health Services Act 1997 which constitute
the NSW Health Service and employees of the NSW Ambulance Service only.
All employees of the NSW Health Service and NSW Ambulance Service are covered by these
provisions with the exception of:
C persons engaged on a short fixed term basis to carry out specific duties and/or casual and/or
temporary (including relief) basis or for a specific period with less than 40 weeks continuous
service;
The circular does not apply to public servants employed in the NSW Health Department.
All enquiries in relation to the contents of this Circular should be directed to the Health Service Human
Resources. Only Human Resources should contact the Department directly.
29(1/99)
MANAGING
PARENTAL LEAVE
FOR
NSW
HEALTH SERVICE
EMPLOYEES
Health System Human Resources Services

Revised September 1998.
29(1/99)
CONTENTS
Page No.
Section One Policy

1.1 Parental Leave
1.2 Definitions
Section Two Maternity and Adoption Leave

2.1 Eligibility
2.2 Entitlement for Paid Leave
2.3 Method of Payment
2.4 Entitlement for Unpaid Leave
2.5 Other Leave
2.6 Rate of pay
Section Three Paternity Leave

3.1 Eligibility
3.2 Entitlements
Section Four General Provisions

4.1 Notification and Application
4.2 Variation of Parental Leave After Commencement of Leave
4.3 Return to Duty on Reduced Hours
4.4 Return to Duty to Substantive Position
4.5 Effect of Parental Leave on Leave Accruals
and Service Increments
4.6 Replacement Employee-Staffing Provisions
4.7 Superannuation
4.8 Portability of Service for Paid Parental Leave
Section Five Other Considerations

5.1 Illness Associated with Pregnancy
5.2 Transfer to a More Suitable Position
5.3 Miscarriage
5.4 Stillbirth
5.5 Further Pregnancy whilst on Maternity Leave or
Working Reduced Hours associated with Maternity Leave
5.6 Effect of Premature Births on Maternity Leave
29(1/99)
SECTION ONE - POLICY
1.1 PARENTAL LEAVE
Parental Leave is an entitlement of leave taken by eligible employees to cover absences in

relation to maternity, adoption or paternity. Health Services are to ensure that all eligible
employees are informed of the provisions by providing access to this Circular, the Leave
Matters Manual, the Industrial Relations Act 1996 and the relevant industrial instrument.
The Industrial Relations Act 1996 (Part 4, Divisions 1 and 2) outlines further provisions in
respect to Parental Leave. The provisions of the Industrial Relations Act should be considered
in conjunction with the provisions contained within this Circular when applications for parental
leave are received.
1.2 DEFINITIONS
Adoption leave refers to leave granted to an employee in connection with the adoption of a
child by the employee.
Department means the NSW Department of Health.
Expected Date of Confinement relates to the expected date of birth of the child.
Maternity leave refers to leave granted to a female employee in connection with a pregnancy
or in giving birth to a child by that employee. Maternity leave consists of an unbroken period
of leave.
Health Service refers to all area health services, statutory health corporations and affiliated
health organisations, as listed in Schedules 1, 2 & 3 of the Health Services Act, which
constitute the NSW Health Service and, the NSW Ambulance Service.
Part-time employees (ie "old" part-time) refers to employees who are in receipt of a part-time
loading and are entitled to a period of up to 12 months unpaid maternity leave from the date of
the birth of the child.
Paternity leave relates to leave granted to a male employee in connection with the birth of a
child of the employee or of the employee's spouse.
Permanent full-time employees refers to employees who work full award hours of 140 or 152
hours per 28-day calendar cycle and who work either a maximum of 19 or 20 days within the
28-day cycle.
29(1/99)
Permanent part-time employees (ie "new" part-time/fractional appointees) refers employees

who work a specified number of hours/sessions which are less than those for a full-time
employee and who are NOT in receipt of any part-time loading. (The terms ‘fractional
employees’ and ‘sessions’ relate to the working arrangements prescribed in the Salaried Senior
Medical Practitioners (State) Award.)
Portability of Service means the recognition of service in public sector organisations for the
purposes of determining eligibility of an employees’ service as continuous.
SECTION TWO - MATERNITY AND ADOPTION LEAVE
2.1 ELIGIBILITY
(a) Paid Leave
In order to be eligible for paid maternity or adoption leave, an employee of the NSW Health
Service and NSW Ambulance Service:
C must have been employed in either a full-time or permanent part-time capacity1

(including those employed on a temporary or locum/relief basis) for at least 40
continuous weeks prior to the expected date of birth.
Once the initial conditions have been met, employees will not be required to work a minimum
period of continuous service to qualify for further periods of paid maternity leave, unless:
C there has been a break in service where the employee had resigned and been reappointed
after resignation, medical treatment, or after services have been otherwise dispensed
with; or
C the employee has completed a period of leave without pay of more than 40 weeks. In
this context, leave without pay does not include sick leave without pay, maternity leave
without pay, or leave without pay associated with an illness or injury compensable under
the Workers' Compensation Act.
(b) Unpaid Leave
Unpaid leave of not more than 12 months after the actual date of birth of the child, is available
to those employees who;
C are also eligible for paid parental leave;

C are classified as "old" part-time, ie paid a part-time loading;
C have not completed 40 weeks service 29(1/99)
1
The employee is not in receipt of any part-time loading.
2.2 ENTITLEMENT FOR PAID LEAVE
Maternity Leave
C up to nine (9) weeks at the employee’s ordinary rate of pay from the date maternity
leave commences, such leave may commence at any time within the nine weeks prior to
the expected date of confinement.
C consists of a period of unbroken leave. Any period of paid maternity leave not taken
cannot be accrued for future periods of maternity leave.
Adoption Leave
C three (3) weeks at the ordinary rate of pay, from and including the date of taking custody
of the child.
2.3 METHOD OF PAYMENT
Paid Maternity leave may be paid either:
C on a normal fortnightly basis following commencement of maternity leave;

C in advance in a lump sum upon commencing maternity leave;
C at the rate of half pay over a period of eighteen weeks on a regular fortnightly basis
following commencement of maternity leave.
Paid Adoption leave may be paid either:
C on a normal fortnightly basis following commencement of adoption leave;

C in advance in a lump sum following commencement of adoption leave;
C at the rate of half pay over a period of six weeks on a regular fortnightly basis following
commencement of adoption leave.
Important Note:
It is not necessary for an employee to be absent for the total entitlement of 9 weeks paid
maternity leave prior to the expected date of confinement. However, employees who choose to
work during this period must be able to satisfactorily perform the full range of normal duties or
the duties arranged by the employer in accordance with to Section 5.2 - Transfer to a More
Suitable Position.
Employees must be absent during the period of paid maternity leave. If an employee returns to
duty earlier than the period initially advised, the employee’s leave records and salary payment
should be adjusted to reflect the correct dates of service and leave.
29(1/99)
2.4 ENTITLEMENT FOR UNPAID LEAVE
C Unpaid Maternity Leave is available for up to 12 months from the date of birth of the
child.
C Unpaid Adoption Leave

< where the child is under the age of 12 months - a period of not more than 12
months from the date of taking custody.
< where the child is over the age of 12 months - a period of up to 12 months, such
period to be agreed upon by both the employee and the employer.
Refer to Point 4.3 - Regarding Return to Duty on Reduced Hours
2.5 OTHER LEAVE
Employees may supplement the period of unpaid parental leave with the use of annual and/or
long service leave credits.
2.6 RATE OF PAY
General
All eligible employees shall be paid maternity/adoption leave based on the ordinary rate of pay
as determined by their individual contract of employment (ie no more than 35 or 38 hours per
week). Health services have an obligation to ensure that employees are working the correct
hours and that employment records accurately reflect the hours worked for the purposes of
salary and leave accrual. Employees must be informed their correct hours of work and
understand the impact that a variation to their hours has on salary payments and leave accruals.
Permanent part-time employees “are those employees who are permanently appointed by a
health service to work a specified number of hours which are less than those prescribed for a
full-time employee.” Therefore, if an employee regularly and consistently works either in
excess of or less than their contract hours which essentially become the employee’s true hours
of work, then appropriate action should be taken to adjust those number of specified hours on a
permanent basis.
Calculation Of Payment - use of Flexible Working Arrangements
Flexible work practices allow for variation of ordinary weekly hours. Where employees work
less than the ordinary contract hours ie those on part-time leave without pay, the following will
apply:
29(1/99)
Employees who are on part-time leave without pay for a period of 40 calender weeks or less
preceding maternity leave, shall be paid maternity leave at the ordinary weekly rate and where
the period of part-time leave without pay preceding maternity leave exceeds 40 calender
weeks, maternity leave shall be paid at the reduced rate using the formula below:
total number of hours worked during the 40 week period

worked prior to commencing leave divided by the standard hours and
then multiplying this by the normal full-time weekly rate:
ie - normal weekly rate x total P/T hours worked

Normal weekly hours (38) x 40 weeks
The following example is provided and may also be applied to permanent part-time employees:
An employee, working a standard 38 hour week and paid an award rate of $500.00per
week, has approval to work 4 days/week (1 day/week LWOP). This arrangement was
approved when the employee found she was pregnant and lasted 20 weeks. At 20 weeks
she decreased her working week firstly to 3 days/week (2 days/week LWOP) for 10
weeks and again to 2 days/week (3 days/week LWOP) before commencing paid
maternity leave.
Hence, in the 40 weeks prior to commencing maternity leave, the employee will have
worked:
20 weeks @ 4 days/week = 20 x 4 x 7 = 560hrs

Total hours worked over the 40 weeks = 910 hours
Calculation of paid maternity leave: $500.00 x 910 = $299.34 per week

38 x 40weeks
SECTION THREE - PATERNITY LEAVE
3.1 ELIGIBILITY
The Industrial Relations Act 1996 contains a comprehensive section on Paternity Leave and
should be read in conjunction with this Circular.
To be eligible for paternity leave (ie unpaid leave) permanent employees must have completed a
minimum of 52 weeks continuous service, prior to the anticipated date of taking leave and
complies with the other provisions of the Industrial Relations Act 1996.
29(1/99)
3.2 ENTITLEMENTS
Paternity Leave consists of a period of unpaid leave not exceeding 52 weeks and may be taken
as follows:
(a) an unbroken period of up to one week at the time of birth of the child or other
termination of the pregnancy (short paternity leave), and
(b) a further unbroken period in order to be the primary caregiver of the child (extended
paternity leave)
Other Leave:
Where an employee does not qualify for paternity leave in accordance with the above, leave
without pay may be applied for in the normal manner. Furthermore the employee may
supplement the period of leave without pay or unpaid paternity leave with the use of annual
and/or long service leave credits.
SECTION FOUR - GENERAL PROVISIONS
4.1 APPLICATION AND NOTIFICATION
4.1.1 Maternity Leave
Employees intending to proceed on paid and/or unpaid maternity leave should notify the
employer of such intention as early as possible, so that arrangements associated with the
absence can be made. Furthermore the employee must provide the health service with
written notice of not less than eight weeks prior to the commencement of the leave and
submit the appropriate leave application form.
4.1.2 Adoption Leave
Due to the fact that an employee may be given little notice of the date of taking custody
of a child, employees who believe that, in the reasonably near future, they will take
custody of a child, should formally notify the employer as soon as possible of the
intention to take adoption leave and complete the appropriate leave application form.
This will allow arrangements associated with the adoption leave to be made.
4.1.3 Paternity Leave
Employees intending to proceed on paternity leave must provide the health service with
written notice of their intention to take leave not less than ten weeks prior to the
commencement of the leave and preferably as early as possible. Furthermore employees
must submit the appropriate leave application form at least 4 weeks before intending to
proceed on leave. 29(1/99)
4.1.4 Application Form
The application form should also provide the following information:
C details of all other types and periods of leave to be taken consecutive with the
period of parental leave;
C the basis on which the payments will be made (see method of payment).
C anticipated date of return to duty or
C anticipated date of return to duty on reduced hours (if applicable)
C an appropriate certificate stating the expected date of birth (medical
certificate)/taking custody of the child (official form or notification).
In respect to extended paternity leave, the employee should also provide a statutory
declaration, prior to commencing leave, stating:
(i) if applicable, the period of any maternity leave sought or taken by his spouse,
and
(ii) that he is seeking that period of extended paternity leave to become the primary
care giver of a child.
4.1.5 General
As soon as practicable after the birth of the baby, an employee shall notify the employer,
in writing, of the baby's date of birth. In respect to adoption leave, the employee should
notify the employer in writing if the date of taking custody of the child is other than the
date provided in the application for adoption leave.
4.2 VARIATION OF PARENTAL LEAVE AFTER COMMENCEMENT OF LEAVE
Employees may vary the period of parental leave following the commencement of leave, either
to shorten or extend the period; once without the consent of the employer and then only with the
consent of the employer. A minimum of 14 days notice must be given, although an employer
may accept less notice if convenient. (S. 64/65 Industrial Relations Act 1996)
4.3 RETURN TO DUTY ON REDUCED HOURS FROM MATERNITY/ ADOPTION

LEAVE
Employees may apply to return to duty on reduced hours following the period of unpaid
maternity/adoption leave for a further period of up to 12 months after which the employee must
return to regular (ie pre-leave) hours unless some other arrangement has been agreed to eg part-
time leave without pay/permanent variation to hours etc.
It should be noted that all employees who return from maternity/adoption leave under this
arrangement retain their standard hours.
29(1/99)
Employees should be made aware that it may not be possible for them to return on reduced
hours to their substantive position held prior to commencing the period of leave.
Accordingly the following principles will be applied:
C The working of reduced hours under this section is only available for a period of up to
12 months, after which regular (ie pre-leave) hours must be resumed unless some other
arrangement has been agreed to, such as part-time leave without pay/permanent
variation to hours etc.
C the employee should advise the health service when completing an application for leave
and prior to commencing maternity/adoption leave, the period of time during which
reduced hours are being sought. The number of hours to be worked are subject to
agreement by the employer.
C the balance of unworked hours will be recorded as unpaid maternity/adoption leave.
C salary and other conditions of employment are to be adjusted on a pro-rata basis to the
employee's standard hours of work.
4.4 RETURN TO DUTY TO SUBSTANTIVE POSITION (refer: S.66 Industrial

Relations 1996)
Employees returning to duty following a period of parental leave are entitled to return to duty in
the position held prior to commencing parental leave, usually their substantive position (ie, the
position formally appointed to prior to commencing parental leave).
If the substantive position held prior to commencing leave was that of an acting or higher duties
nature, the circumstances surrounding the return to that position would need to be addressed by
the health service. The employee will not have any entitlement to that position in any
permanent sense.
If the substantive position no longer exists, the employee is entitled to be placed by the health
service in a position that is nearest in status (ie comparable to her/his previous position,
classification, grade, qualifications and experience).
Where a female employee suffers an illness or risk associated with her pregnancy and may need
to transfer to a more suitable or an alternative duties position prior to the birth of the child,
(refer to Section 5.2), the employee should return to her substantive position held prior to
transfer.
29(1/99)
4.5 EFFECT OF PARENTAL LEAVE ON LEAVE ACCRUALS AND SERVICE

INCREMENTS
C All periods of paid leave taken during parental leave are counted in full (pro rata for
permanent part-time) for the purposes of both leave accrual and incremental progression.
C Periods of leave taken and paid at half pay are counted for leave accrual and incremental
progression on a pro-rata basis.
C Paid leave includes parental/adoption leave and any combination of other leave such as
annual and long service leave.
Parental Leave at full pay
- counts as full service for the accrual of Annual Leave.

- counts as full service for the accrual of Sick Leave.
- counts as full service for the accrual of Long Service Leave.
- counts for incremental progression.
Parental Leave at half pay
- counts as pro-rata (half) service for the accrual of Annual Leave.

- counts as pro-rata (half) service for the accrual of Sick Leave (sick leave to be
adjusted on the anniversary date following the employees resumption to duty
after parental leave)
- counts as pro-rata (half) service for the accrual of Long Service Leave.
- counts for incremental progression on a pro-rata basis.
NOTE 1:
It should be noted that parental leave at half pay is paid leave at a reduced rate for 18 weeks and
is not a combination of 9 weeks full pay leave and 9 weeks leave without pay. As such, this
period of parental leave at half pay should not be combined with any subsequent period of
unpaid parental leave when determining the effect, if any, such period of unpaid parental leave
has on the accrual of long service leave.
NOTE 2:
Permanent Part-time/Fractional Appointment employees accrue leave entitlements on a

proportionate basis. For these employees, payment is to be calculated on a pro-rata basis, based
on the average number of hours/sessions worked per week for the 40 weeks qualifying period
for parental leave or the preceding 12 months (whichever is appropriate).
29(1/99)
Unpaid Parental Leave
• If more than 28 calender days does not count for the accrual of Annual Leave.
• If more than 28 calender days does not count for the accrual of Sick Leave.
• If less than six months and the employee has a net service (leave without pay excluded
therefrom) of ten years or more the unpaid parental leave would count for the accrual of
Long Service Leave.
• If more than six months does not count for the accrual of Long Service Leave.
• If more than 28 calendar days does not count as service for incremental progression.
Notwithstanding the foregoing, increments based on age must be paid on attainment of
the appropriate age.
Other Paid Leave
Annual leave and long service leave taken at full or half pay accrues leave at the appropriate
rate.
4.6 REPLACEMENT EMPLOYEES - STAFFING PROVISIONS (S.69 Industrial

Relations Act 1996)
Persons filling positions held by employees who have proceeded on parental leave are to be
employed on a temporary basis and should be provided with a letter of employment which
outlines the conditions relating to temporary employment, salary and classification and
anticipated period of employment.
Temporary staff employed to provide parental leave relief must also be advised that parental
leave provisions allow employees on parental leave the right to vary the period of parental leave
and accordingly the relief employee must be advised of the rights of the employee on parental
leave to vary the date of return to work and that these employees also have the right to return to
their substantive position prior to taking parental leave.
4.7 SUPERANNUATION CONTRIBUTIONS
C For employees who are contributors to the State Superannuation Scheme, personal
contributions continue to be payable during paid or unpaid parental leave, although the
Superannuation Administration Authority may approve a deferral of payments.
C For employees who are contributors to the State Authorities Superannuation Scheme,
personal contributions continue to be payable during paid or unpaid parental leave,
although the Superannuation Administration Authority may reduce contributions (to 0%
in some cases) where members would have difficulty in maintaining contributions at
their nominated contribution rate.
29(1/99)
C For members of the First State Superannuation Scheme, employer-financed benefits will
accrue only in respect of periods of paid parental leave, not of unpaid parental leave.
C The impact of leave in superannuation benefits varies between schemes. Employees and
employers are advised to contact the Superannuation Administration Authority for
further advice.
4.8 PORTABILITY OF SERVICE FOR PAID PARENTAL LEAVE
In determining a Health Service employee's eligibility to receive paid maternity leave, previous
continuous service with any New South Wales public sector organisation which is included in
the schedule of the Transferred Officers Extended Leave Act 1961 or service which is
recognised under the mobility provisions as outlined in Circular 93/90, as amended from time to
time will be recognised, provided that:
(i) the service was on a permanent full-time or permanent part-time (as specified) basis;
(ii) service ceased with the former employer on grounds other than by reason of dismissal
(such as summary or wilful misconduct etc) except retrenchment or reduction of work;
(iii) the employee commences duty with the new employer on the next working day after
ceasing employment with the former employer. (There may be a break in service of up
to two months prior to commencing duty with the new employer provided that the new
position was accepted in writing and secured before terminating employment with the
former employer. Such a break in service will not be counted as service for the purpose
of calculating any prior service prerequisite for paid parental leave.)
For example, where an employee moves between a public sector department and a public health
service facility, continuous service will be counted towards the service eligibility for paid
parental leave.
SECTION FIVE - OTHER CONSIDERATIONS
5.1 ILLNESS ASSOCIATED WITH PREGNANCY
Employees who cease work due to an illness associated with her pregnancy and where the
illness occurs prior to the commencement of the nine week maternity leave period, can elect to
use any available paid leave (sick, annual and/or long service leave) or take sick leave without
pay. The employee then commences maternity leave with the normal provisions applying.
29(1/99)
Employees who are still working within the nine weeks prior to the expected date of birth and
have taken the odd days during that time due to illness, are entitled to be paid in accordance
with normal sick leave provisions. The period of nine weeks parental leave is not affected nor
is it to be used in lieu of paid sick leave because the employee’s absence occurred within the
nine week period prior to the commencement of maternity leave.
Where an employee is entitled to paid maternity leave, but because of illness, proceeds on sick,
annual, long service leave and/or sick leave without pay prior to the birth, such leave ceases
nine weeks prior to the expected date of confinement. Maternity leave shall then commence
with the normal provisions applying.
If the employee was to continue to remain on sick leave due to pregnancy and cease work
earlier than planned, the normal maternity leave provisions would prevail.
5.2 TRANSFER TO A MORE SUITABLE POSITION
Where, because of an illness or risk associated with her pregnancy, an employee cannot carry
out the duties of her position, the employer is obliged, as far as practicable, to provide
employment in some other position that she is able to satisfactorily perform. The position to
which the employee is transferred under these circumstances must be as close as possible in
status and salary to her substantive position. (Section 70 Industrial Relations Act 1996).
5.3 MISCARRIAGE
In the event of a miscarriage an employee may elect to use either sick leave and/or annual leave
provisions to cover the period of absence until the resumption of duty.
5.4 STILLBIRTH
In the case of a stillbirth, (as classified by the Registry of Births, Deaths and Marriages) an
employee may elect to take sick leave, subject to production of a medical certificate, or
maternity leave. The employee may resume duty at any time provided that the employee is
certified medically fit to resume duty.
5.5 FURTHER PREGNANCY WHILE ON MATERNITY LEAVE OR WORKING

REDUCED HOURS ASSOCIATED WITH MATERNITY LEAVE
Employees falling pregnant during a period of maternity leave or working reduced hours during
a period of maternity leave may be granted a further period of maternity leave. This further
period of maternity leave is not an extension of the initial period of maternity leave and will
commence from the date of birth of the subsequent child/children.
29(1/99)
5.6 EFFECT OF PREMATURE BIRTHS ON PAYMENT ON PARENTAL LEAVE
A premature birth is defined as a birth which occurred prior to the expected date of
confinement. Health services should adopt a flexible approach in the use of the various types of
leave available to the affected employee at this time and consider each case on it’s own merits.
Employees may use a mix of accrued leave entitlements and leave without pay in these
circumstances. Medical certificates or similar should be provided where an employee wishes to
be paid sick leave to cover the period of hospitalisation.
The employee may elect to be paid maternity leave upon the birth of the child using the
provisions outlined in Section 2.3 of this circular or be paid maternity leave from the date the
baby is discharged from hospital.
In approving the employee’s request for leave, health services should determine the date from
which the twelve months maternity leave will commence based on the expiration of the nine
weeks paid maternity leave.
All leave would cease in the event that the employee elects to resume duty during the period of
paid leave.
* ACCESS TO REDUCED HOURS FOR STAFF (INCLUDING MANAGERS AND

SUPERVISORS) FOLLOWING RETURN FROM MATERNITY LEAVE (99/66)
It is Department of Health policy that applications from staff (including managers and
supervisors) seeking access to reduced hours following a return from maternity leave should be
approved, and that, where possible the reduced hours be available in the person's substantive
position.
It has come to the Department's attention that concern has been expressed by some Area Health
Services when an employee in a managerial or supervisory position requests a return to her
substantive position on a part-time basis. It is the Department's policy that managers and
supervisors are entitled to return to their substantive position. This should be regarded as sound
management development, as well as reorientation to the workplace, and a gender equity
strategy.
The State Wage Case 1999, published on the 3rd June 1999 provides for an anti-discrimination
clause to be inserted into all awards that states:
"… that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable steps
to ensure that the operation of the provisions of this award are not directly or
indirectly discriminatory in their effects…"
Additionally, providing reduced hours for managers/supervisors returning from maternity leave
is a key element in maintaining a workplace that:
• reflects Section 3(f) of the Industrial Relations Act 1996 which states that an objective
of the Act is 'to prevent and eliminate discrimination in the workplace…'; and
• provides flexibility in order to retain managers and supervisors.
It is recognised that issues may arise about the balance between reduced hours and continuity in
management across shifts in Health Care Facilities. However, a number of options exist that
aim to balance the needs of the employer, the returning manager/supervisor and other staff,
which meet the principles of relevant industrial instruments and also maintains a high standard
of care to patients.
Based on the presumption that the returning manager wishes to return to her substantive
position on a part-time basis, the options include:
• the returning manager/supervisor may work reduced hours each day over a five day
period (to provide adequate coverage); and re-arrangement of work routines to
accommodate the needs of both the managers and employees; or
30(8/99)
• job sharing; or
• a senior staff member providing management support on the days/times where the returning
manager/supervisor is not on duty.
Providing the returning manager/supervisor be agreeable, another option would be returning to a

different position at an equivalent level that can more easily accommodate the reduced hours.
Each request for reduced hours should be considered on a case by case basis. Health Care
Facilities should make every effort to implement work options such as working from home, and
teleworking (where practicable), when requests from managers/supervisors to work reduced hours
are made.
Consideration of requests for working reduced hours and the outcome of these requests should be
documented by the Health Care Facility. In addition, managers/supervisors who have had requests
denied should be advised of appeal mechanisms available to them. Appeal mechanisms may
include the local Grievance Management Procedures, or the manager/ supervisor may approach her
union, which may, in turn, invoke the Dispute Resolution Clauses contained in the relevant industrial
instrument.
Relevant Departmental Circulars (to be reviewed):
96/4: Policy for Flexible Work Practices

98/93: Managing Parental Leave for Employees in the NSW Health System
* The NSW Industrial Relations Amendment (Casual Employees Parental Leave) Act 2001
commenced on 17 July 2001, and reduces the former parental leave qualifying period for regular
casual employees from 24 months to 12 months. Therefore a casual employee, working on a
regular and systematic basis and who has a reasonable expectation of on-going employment is
eligible to take up to 52 weeks unpaid parental leave. This is on the condition that they have
completed at least 12 months continuous service with the same employer. Other casual employees
remain ineligible. (2001/108)
33(5/02)
STUDY AND CAREER DEVELOPMENT - NSW HEALTH SYSTEM 7.1
* NSW HEALTH LEARNING AND DEVELOPMENT LEAVE POLICY (2000/61)
This Circular replaces 98/102 – Management of Leave for Study and Career Development Activities for
Employees in the NSW Health System.
This circular applies to all employees of area health services, statutory health corporations and affiliated
health organisations, as listed in Schedules 1,2, & 3 of the Health Services Act 1997. It does not apply
to those employees covered by awards that specify study leave arrangements, Senior Medical
Practitioners, or Department of Health employees.
The NSW Department of Health requires Health Services, the Ambulance Service of NSW, Corrections
Health Service, and the New Children’s Hospital to develop strategies to ensure that all staff can access
appropriate learning opportunities.
‘Strategic Directions for Health’ outlines the commitment of NSW Health to the development of
strategies that focus on recruitment and retention of appropriately qualified staff, and the commitment to
continuous learning.
At a local level the Health Service Strategic Plan sets out the commitment to the strategies outlined in
‘Strategic Directions for Health’. Each Health Service Chief Executive Officer is responsible for
determining the scope and extent of learning and development activities in support of the Health Service
Strategic Plan, and in line with Strategic Directions for Health.
Leave for learning activities should be made available to all eligible employees within the Health Service
to promote the development of a highly trained, skilled and versatile workforce supporting the provision
of safe, quality health care.
Scope of this Policy
Leave for Learning and Development applies to external courses offered by educational institutions or
registered training organisations, conferences, seminars, and, short courses.
Leave is not required for the following types of employer supported learning activities that are
undertaken by employees on a routine basis, and at which employees are considered to be ‘on-duty’:
• ‘In-house’ courses or activities;
• Mandatory training and education.
Enquiries in relation to this Circular should be directed to Health Service Human Resources staff. Only
Human Resource Managers should contact the NSW Health Department directly.
Purpose
The purpose of this policy is to:
• Provide a policy framework for Health Services to develop or review Learning and Development
Leave policies and procedures;
* • Establish a culture throughout the health system that facilitates learning and enables the
organisation to achieve its corporate goals.
• Encourage employees to pursue excellence in performance by attaining high educational

standards in their career or profession;
32(1/01)
• Assist employees to access learning and development opportunities so that NSW Health has an
appropriately trained workforce to meet its service delivery needs.
Definitions:
NSW Health refers collectively to the Department of Health, public health organisations as defined
under section 7 of the Health Services Act 1997 (including Health Services, Corrections Health Service,
and the New Children’s Hospital) and the NSW Ambulance Service.
Health Services refers collectively to public health organisations as defined under Section 7, and listed
in Schedules 1, 2, and 3, of the Health Services Act 1997 (including Health Services, Corrections Health
Service, and the New Children’s Hospital) and the NSW Ambulance Service.
Educational Institutions are those accredited to provide undergraduate and/or postgraduate tertiary
studies that culminate in a recognised academic and/or professional qualification including a degree,
diploma or certificate.
Registered Training Organisations also offer accredited training which lead to nationally recognised
qualifications.
Learning Activities enhance the employee’s capacity to contribute to organisational goals. It may
include tertiary study, conferences, seminars, workshops or short courses conducted by a relevant
professional body or by the Health Service. Attendance at learning activities may utilise Learning and
Development leave, or may be on an 'on duty' basis, depending on the priority of the activity.
Learning and Development Leave includes leave granted to undertake tertiary studies at an accredited
educational institution (and includes leave for examinations), or leave granted to attend external
activities, such as conferences, seminars, and short courses. Employees may also attend lectures,
tutorials, conferences or seminars on days they are not rostered for duty, for which no payment is made.
Mandatory Training and Education refers to learning activities which meets identified organisational
skills required by the Health Service in response to legislative, policy and/or service delivery needs.
Each Health Service must make decisions relating to whether or not a particular activity is mandatory.
The trigger for this may be external stimuli such as government grants or legislation, internal
organisational factors such as temporary skill shortages, or required training in fire safety, infection
control, and occupational health and safety for example. Attendance at Mandatory Training and
Education is on an ‘on duty’ basis.
32(1/01)
* Principles
This policy articulates a number of concepts and principles to provide a basis on which Health Services
will then develop or review local policies and corresponding procedures.
NSW Health as A ‘Learning Organisation’
A learning organisation is one which has structures and processes in place which encourage and reward
continuous learning. The learning organisation recognises people as its most valuable asset.
In a learning organisation, every individual is encouraged and supported to locate and create his/her own
learning opportunities. The organisation facilitates access to relevant opportunities by establishing
structures and processes which enable employees to learn from actual work situations.
The performance of all employees and their contribution to the organisation in meeting its strategic
objectives and goals will therefore be improved. It is the intention of this document to support and
promote the development of such a culture in NSW Health.
All learning and development must help the organisation to achieve its goals
Learning and development activities must provide benefits to the organisation as well as the individual,
and be consistent with the Health Service’s Strategic Plan. Priority is to be given to those activities
which facilitate achievement of ‘Strategic Directions for Health’, and the organisation’s goals at a local
level.
The Chief Executive Officer and Senior Managers must actively sponsor and support learning activities
Ensuring access and availability of learning opportunities is an essential part of the responsibilities of the
Chief Executive Officer because it is central to the organisation’s success. In line with this, the
Performance Agreements of all Executives and Line Managers should include performance indicators
that promote learning activities.
Performance Management
‘Strategic Directions for Health’ facilitates the NSW Health commitment to the development of an
effective performance management process for all employees.
It is recognised throughout NSW Health that there is both a corporate and personal responsibility for
assessing, achieving and maintaining a high level of organisational, team and individual competence to
ensure the safe and effective delivery of health care.
At the local level performance management allows early identification of systemic, environmental or
individual factors that may affect the ability of the organisation, team or individual to perform
effectively.
Health Services should have a performance management system in place to ensure that all employees
have a clear understanding of both the individual and the organisation’s priorities. Individual or team
32(1/01)
* workplans, which incorporate personal learning and development objectives, are to be linked to the
organisational goals.
All employees must share the responsibility for their own development
Learning and development is a shared responsibility between the organisation, and the individual.
Employees should be prepared to pursue their own development and the organisation should promote an
environment that supports individual initiative.
Accountabilities
NSW Department of Health
The NSW Department of Health is responsible for setting policy direction to ensure that all employees
receive appropriate learning opportunities.
Chief Executive Officers
Chief Executive Officers of Health Services are responsible and accountable for ensuring that employees
in their Health Service receive appropriate learning opportunities in line with the present and future
needs of the Health Service.
Chief Executive Officers are also responsible for allocating an appropriate budget for learning activities,
which may include replacement costs for rostered staff who are on leave to attend an approved
workshop, conference or tertiary studies.
Managers and Supervisors
Managers and supervisors are responsible and accountable for promoting and supporting learning
activities for staff in their area of responsibility. Managers and supervisors are also responsible for
arranging replacement staff, when necessary, for employees who may be attending learning activities.
Managers and supervisors must advise all employees of the protocol for review procedures relating to
non-approval of Learning and Development Leave.
Human Resources/Learning and Development Managers
Human Resources and/or Learning and Development Managers are responsible for working with
executive and line managers to ensure that their Health Service Learning and Development policy in line
with this policy framework.
In developing local policies, consideration should be given to processes and procedures for requesting,
approving, recording and monitoring of leave for Health Service employees.
Consideration should also be given to the nature of the workforce (24 hours a day, 7 days a week
environment with shiftworkers) when developing Learning and Development Leave policies.
Human Resources Managers are responsible for ensuring that the Health Service Learning and
Development Leave policy incorporates a review process regarding situations where Learning and
32(1/01)
* Development Leave has been declined. This process is to be incorporated into local policy documents.
Eligibility
Access to Learning and Development Leave is at the discretion of the Health Service. It should be made
available to all eligible employees within the Health Service to promote the development of a highly
trained, skilled and versatile workforce which is responsive to the requirements of government and
health service delivery.
Permanent staff who are full time or part time, and full time temporary employees are eligible to apply
for leave. Part time temporary employees and permanent part time employees are granted leave on a
pro-rata basis. Casual staff are not eligible for this form of leave.
Where Learning and Development Leave is not approved, Health Services should ensure that:
• Advice is timely to allow the employee to consider alternative arrangements;

• The reason for non-approval of leave is clear and stated in writing to the employee;
• The employee is advised of the availability of a review process.
Types and Amount of Leave
1. Seminars, Conferences, and Short Courses
The approval of leave and/or financial assistance for attendance at seminars, conferences, or short
courses should be considered in light of the Health Service Strategic Plan. Employees may be granted
Learning and Development Leave, or may be considered on duty depending on the priority for this
activity in the light of the Health Service Strategic Plan.
The amount of leave available is at the discretion of the Health Service. Decisions in relation to financial
assistance should be made in the context of the budget and the expected benefits to the Health Service.
2. Tertiary Study
All staff are encouraged to acquire management skills and qualifications. In recognition of the shortage
of specialist nurse skills across NSW Health, nurses wishing to attend a part-time postgraduate course of
study, who are working shift work, are to be given priority in being released from rostered shifts to
attend lectures/tutorials where there are no alternative and feasible attendance options. Replacement
staff should be provided where appropriate. This applies only to further studies that lead to a recognised
clinical qualification, as this is currently the targeted area of skill shortage.
It is recognised that areas of skill shortage may vary over time across all classifications of staff. Health
Service Chief Executive Officers should ensure that, appropriate means exist to identify those areas and,
strategies are developed to overcome them.
32(1/01)
* When developing local Learning and Development Leave policy for tertiary study each Health Service
will need to advise employees of local approval arrangements, including:
• The notice period required to be given by the employee which takes account of the local
approval process;
• The issue of travel time to attend lectures/tutorials;
• What information is required from the employee. For example
• Proof of enrolment/acceptance for course of study
• Title of program of study
• Anticipated pattern of leave required.
These arrangements should be agreed between the employee and supervisor/manager prior to the
commencement of the course.
Leave is not to be approved for failed or repeated subjects.
2.1 Face to Face
The amount of leave granted is at the discretion of the Health Service. As a guide, in respect of
attendance at an educational institution, employees may be granted 50% of compulsory attendance times
up to 4 hours per week per semester or term.
The amount of leave to attend examinations should be based on the specific requirements of the
individual course. An employee's request not to be rostered to work night shift on the day prior to a
scheduled morning examination should, wherever practicable, be agreed to by the health service.
2.2 Distance Education
With an increasing number of accredited courses being available via alternative delivery options, such as
the Internet, this mode of study is likely to increase. In the interests of equity, the equivalent amount of
Learning and Development Leave available for face to face study is to be granted to employees
undertaking distance education.
2.3 Accrual of Leave
Learning and Development Leave associated with tertiary studies may be accrued up to a maximum of 5
days per semester or term and may be accrued until the last examination of the semester, or the last
attendance day of the semester if there is no final examination.
2.4 Residentials
The amount of leave to attend a compulsory residential program should be based on the specific
requirements of the course and should be negotiated at the time of application for Learning and
Development Leave.
32(1/01)
* 2.5 Thesis/Research or Combination Thesis/Research/Coursework
Periods of leave may also be granted to employees undertaking higher degrees by thesis, research,
coursework, or a combination of same. The amount of leave will be based on 4 hours per week for each
academic year of study. Rather than being taken on a week to week basis the leave is available over the
course of study. For example, if the higher degree takes 1 academic year and an academic year is 30
weeks the entitlement for leave would be calculated as 30 weeks x 4 hours = 120 hours available over the
year. If the higher degree takes 2 years the amount would be 240 hours. All hours are available over the
length of the course and may be taken in amounts mutually agreeable between the employee and the
Health Service.
2.6 Approval and Review Processes
Health Services are to ensure that local Learning and Development Leave Policy provide for an approval
and review process and that this process is communicated to all employees.
As a guide, Health Services should respond within 21 days of receipt of an application for Learning and
Development Leave for tertiary studies. Where Learning and Development Leave is not approved the
review process should be completed within a further 14 days.
Where Learning and Development Leave is not approved Health Services will need to ensure:
• The reason for non-approval is clear and stated in writing to the employee, and
• The employee is advised of the availability of a review process.
The following table is a summary of Learning and Development activities.
Type Benefit Leave

Mandatory Training/ Directly to the employer to Not required as employee ‘on
Education meet legislative, policy, or duty’
service delivery needs
Inhouse or Employer Benefit to employee and meets Not required as employee ‘on
arranged identified need for Health duty’
Service
Conference, seminar, or Benefit to employee and Leave may be approved or
short course potential benefit to Health may be ‘on duty’
Service
Tertiary education or other Benefit to employee and Leave may be approved
registered training provider potential benefit to employer
Personal Development Benefit to employee No leave available
32(1/01)
* Payment for Leave
Leave approved for the purposes of learning activities is to be paid on the basis of the employee’s
ordinary rate of pay, ie in accordance with the relevant award, agreement and/or determination in relation
to the payment of ordinary hours, and excluding penalty rates.
Workers' Compensation
Generally, employees on approved leave during normal working hours or in travelling between their
place of work and education are covered for the purposes of Worker’s Compensation. Given the variety
of situations in which employees undertake study, specific information regarding coverage will be
provided through each Health Service Human Resources and/or Risk Management Units.
Financial Assistance
The Health Service should meet fees associated with training that is required by the Health Service.
Employees are responsible for meeting all fees/costs associated with tertiary studies, and fees associated
with other educational activities unless the Health Service offers scholarships or other forms of financial
assistance.
Data Collection
Health Services will be collecting data relating to learning activities to contribute to their own
management information systems. This may include, for example, attendance at mandatory education
and training, student results, and financial information.
The Department of Health requires that the following data relating to learning activities be retained to
meet its information requirements, as advised from time to time.
• Learning and Development Leave taken (in hours) for external learning activities categorised by:
a. Tertiary Study;
b. Seminar, Conference, or Short Course.
• Learning activities undertaken on an ‘on-duty’ basis (in hours) categorised by:

a. Tertiary Study;
b. Seminar, Conference, or Short Course.
• Course names and content;
• Classification of staff member.
32(1/01)
8.1
MILITARY LEAVE
The Department has approved of the following provisions of Military Leave
being applied to employees of Second and Third Schedule Hospitals and Section
14 employees under the Health Administration Act.
Part-Time Military Service

Employees who are members of the Naval, Military or Air Force Reserves and
whose service is on a part-time basis are to be granted Military Leave on the
following basis:-
(a) In respect of annual training -

(i) Naval forces - 13 calendar days on full pay;
(ii) Military forces - 14 calendar days on full pay;
(iii) Air Force - 16 calendar days on full pay.
(b) In respect of attendance at a school, class or, course of instruction
where an employee is a member of the -
(i) Naval forces - 13 calendar days on full pay;
(ii) Military forces - 14 calendar days on full pay;
(iii) Air Force - 16 calendar days on full pay.
(c) Where the Commanding Officer of an employee certifies in writing that

it is necessary for the employee to attend for the purposes of
obligatory training on days additional to those specified in (a) or (b)
above further leave of absence may be granted for a period not
exceeding four (4) calendar days in any one year. Therefore an
employee who is a part-time member of the Military Forces, for example
can have up to 32 days military leave per annum.
(d) Where in the opinion of the employer, it would not, at any time, be in
the public interest to grant to an employee leave of absence to attend
at an annual training or at a school, class or course of instruction,
the employer shall not grant the leave at that time but shall grant
leave of absence to the employee to attend at an equivalent school,
class or course.
(e) Any leave required in excess of that provided for in paragraphs (a),
(b) or (c) and above is to form a charge against the employee's accrued
leave credits and/or leave without pay. 11/83
8.2
(f) Where a Public Holiday falls within a period of military leave granted
for the purpose of attendance for obligatory training with a Reserve
Force such holiday shall form part of the military leave.
(g) The purpose of Military Leave is to release a member of staff from duty
at a time when he/she is required to fulfil his/her training
obligations as a member of a particular Reserve. Consequently a set
quantum of leave is available to be granted for the annual camp and a
corresponding quantum is available for any additional obligatory
attendance of a school, class or course of instruction.
(h) Military Leave is not intended and should be not granted to any
employee as a means of offsetting that training which he/she is
required to undertake on weekends or outside normal working hours as
part of his/her training commitment. This applies regardless of
whether any leave remains untaken either under the annual camp
provisions or the provisions for attendance at schools, class or
courses of instruction.
MILITARY LEAVE AS SERVICE

The period of military leave will be recognised as service for the purposes
of long service leave, sick leave and annual leave. These forms of leave
will continue to accrue to the employee while he is undertaking a period of
military training. Naturally, any annual or sick leave taken by the employee
during a period of service with the armed forces must be noted on the
employee's leave record, and deducted from his accrued entitlement; however,
actual service is not to be considered as "annual leave" or as "long service
leave".
5(4/85)
9.1
EMERGENCY VOLUNTEERS
The following conditions, relating to the grant of leave for emergency

volunteers, are to apply to public hospital and Section 14 employees except
in those cases where the employees are considered to work in an emergency
situation and their absence could jeopardise the proper functioning of the
work unit.
Emergency Volunteers
Where a person is a volunteer member of:
• the State Emergency Services

• the Volunteer Rescue Association of NSW
(or affiliated groups)
• the NSW Volunteer Fire Brigade
• the Bush Fire Brigade
• the Wireless Institute Civil Emergency Network
• Cave Rescue Association
• Volunteer Coastal Patrol
• Bushwalkers' Federation
leave of up to 5 days in any period of 12 months may be granted when called

upon to assist as a volunteer of one of these organisations.
Declared Emergencies
Where an emergency is declared under Section 17 or 41F of the Bush Fires Act
1949, or under other relevant legislation or by the Governor, employees who
volunteer to assist in the emergency are to be granted leave with no upper
limit to the leave which may be granted. Leave granted during declared
emergencies is not to count towards the 5 day upper limit specified above.
Proof of Attendance
An application for leave must be accompanied by a statement from the local or
Divisional Controller, the Fire Controller, Deputy Fire Controller or the
Police, certifying the times of attendance. The leave application should
indicate the period and area of attendance together with the name of the
organisation to which the volunteer member belonged.
7(7/86)
9.2
Rest Period
Where a person remains on emergency duty for several days, the employer may
grant special leave to allow the person reasonable time for rest before
returning to normal duties.
Where a person does not remain on emergency duty for several days but assist
in an emergency service at such time as it would be unreasonable to expect
them report for duty at normal time, then up to 1 day leave for rest purposes
may be granted.
In the case of an emergency other than a declared emergency, this leave is to

be included in the general limit of 5 days in any period of 12 months.
Emergency Services Courses

Where the Director of State Emergency Services considers it essential that a
member of staff should attend a course at the National Emergency Services
College at Macedon, Victoria, or some other course of training or lectures,
the employer should make every effort to release the person from duty. Where
the person is so released, the necessary absence from work is regarded as
being on duty.
The Director of the State Emergency Services may also nominate other persons
for attendance at these courses of training or lectures whose attendance is
not regarded as essential. In these circumstances special leave may be
granted for the time they are necessarily absent from duty.
Note: A certificate of attendance is necessary.
7(7/86)
9.3
EMERGENCY VOLUNTEERS
BUSH FIRE FIGHTING TRAINING COURSES (2002/25)
The Department has reviewed the provisions that apply to public health system employees who
undertake Emergency Volunteer service, in particular, Bush Fire Fighting Training Courses.
This Circular is to be read in conjunction with the already established provisions in Section 9 of the
Leave Matters Procedural Manual for Area Health Services and Public Hospitals for
emergency volunteers. This Section provides for the granting of leave for emergency volunteers and
outlines the provisions that are to apply to employees who volunteer for a variety of organisations.
In addition to the above, emergency volunteers nominated to attend courses approved by the Rural
Fire Service or organised by the Service may be granted leave to attend, up to an additional 10
working days in any period of 12 months.
Applications are to be supported by written approval of the Rural Fire Service. Approval of leave
is subject to Area Health Service convenience and CEO approval, ie proper functioning of the
work unit is not to be jeopardised, and written confirmation of attendance.
The Leave Matters Manual will be updated to reflect this new provision.
Specific enquiries concerning this Circular are to be directed to the relevant Area Human Resource
Department in your Area Health Service. Only Area Human Resource personnel should contact
the Health Department.
33 (5/02)
11.1
REPATRIATION LEAVE
ELIGIBILITY
Repatriation leave is available to all ex-servicemen and women currently
employed in public hospitals. The object of repatriation leave is to give
employees suffering from a "war-caused" disability the opportunity of seeking
medical attention during their ordinary working hours.
It is important to note that the lease is available only for matters directly
connected with the treatment or care of the prescribed disability. Given
this proviso, the purposes for which repatriation leave may be granted can be
summarised as:
• visits to medical officers or attendance at hospital or clinics,

whether these be isolated or periodical visits;
• attendance at Limb Factories for the supply, renewal and repair of

artificial replacements and surgical appliances.
The Department of Veterans' Affairs decides whether the disability is "war-

caused".
ENTITLEMENT
Those eligible for repatriation leave are entitled to special leave with pay
up to a maximum of 6½ working days in any period of 12 months. This leave
may be taken in one or more periods during the course of the year.
The entitlement to repatriation leave is independent of other leave

provisions such as sick and annual leave, and the taking of repatriation
leave will not affect any employee's entitlement to other types of leave.
CERTIFICATE OF ATTENDANCE
Before repatriation leave may be paid, documentary evidence of the employees'
attendance for treatment must be produced.
REFERENCES
Public Hospital Nurses (State) Award
12.1
LEAVE TO ATTEND TRADE UNION ACTIVITIES
ELIGIBILITY (89/20; 91/37; 92/67; 95/68; 95/70)

1. Special Leave
The Premier has agreed that special leave with pay will be granted to
all public sector workers (including employees in the health system)
who are:
• members of their relevant union; and

• accredited by their union as a delegate to their union
conferences, executive meetings or annual conference of either
the Labour Council of NSW or the bi-annual congress of the
Australian Council of Trade Unions.
Any delegate who wished to attend a conference is required to:
• establish that they are accredited delegates; and

• must do this in sufficient time to allow their health service
to make arrangements for work and duties to be carried out
during the time of absence of the employee.
It is necessary for the employee to inform the health service within

sufficient time by way of documentary evidence from the union showing
that the person applying for special leave is an accredited delegate.
Health services will not meet any costs/expenses of the employee in

attending these conference, etc.
The above applies where an employee is rostered on duty, however, no

credit is to be allowed for any conference day, etc., which coincides
with a day on which the employee has been rostered off duty, or which
is a non-working day.
2. Generally, apart from the circumstances set out in point (1) above
employees who undertake business on behalf of an employee association
must do so in their own time, however, in circumstances such as
attending:
23(5/96)
12.2
• local meetings with management as the representative of

employees;
• as a witness or advocate on behalf of the employees before a
tribunal;
• as a member of a conciliation committee; and
• as a representative with union official/s in meetings with
Central Office/health service management
no deduction in ordinary wages should be made. The same benefit should

be applied equally to other employee representatives.
Preparation time and any travelling expenses involved in the

circumstances mentioned above will not be payable as a general rule
unless agreed to by Central Office/health service management.
Attendance at Trade Union Training Authority Courses or Seminars

Special leave may be granted up to a maximum of 12 days in any period of two
years to employees who are members of registered Industrial Unions to attend
short Trade Union training courses or seminars conducted by or with the
support of the Trade Union Training Authority.
This discretion will continue on the basis that other representatives of

employees are treated similarly to attend courses/seminars involving employee
relations training. Proof of nomination and attendance will be required.
The grant of leave is subject to the following conditions:
• The employer's operating requirements permit the grant of leave and the
absence does not require the employment of relief staff;
23(5/96)
12.3
• Payment will be at ordinary pay, i.e. it shall not include shift

allowances, penalty rates or overtime;
• Leave granted for these courses will count as service for all purposes;
• Expenses associated with attendance at such courses or seminars, e.g.

fares, accommodation, meal costs etc., will be required to be met by
the employees concerned but, subject to the maximum prescribed above,
special leave may include travelling time necessarily required during
working hours to attend courses or seminars;
• Applications for leave must be accompanied by an statement from the

relevant Union that it has nominated the employee concerned for such a
course or seminar and supports the application.
Generally, the grant of special leave:
• is at the convenience of the employer;

• must be confined to a minimum of staff;
• is for the minimum necessary period;
• is dependent upon an application being made to the employer in advance;
• is, subject to any specific provision above, payable at the base rate
of pay (including, where appropriate, relevant allowances that would
normally be paid on that day - excluding shift allowances, penalty
rates or overtime);
• is not to incur liability by the employer in fares, overtime,
travelling compensation, travelling and sustenance allowances, meal
money etc.; and
• is not to extend beyond the standard hours for the employee for that
day.
23(5/96)
12.4
Granting of leave to attend seminars on professional aspects of work

conducted by unions where members and non-members are eligible to attend
should be based on normal staff development considerations.
Loan of Services
The services of an employee may be loaned to a union upon request on the same
terms normally adopted in considering requests for secondments and temporary
transfers on the basis that:
- the loan of services is to be regarded as leave without pay;

- the Union is required to meet all on-costs, including superannuation;
and
- service whilst on loan will count for long service leave purposes.
23(5/96)
13.1
LEAVE AS "SERVICE"
GENERAL
All forms of paid leave are regarded as "service" and therefore, whilst
enjoying leave with pay, the employee will continue to accrue his normal
leave entitlements.
A matter concerning the question of whether leave constitutes service is that

of whether pro rata annual leave for which cash is paid on termination should
be counted as service.
For the calculation of long service leave this pro rata payment does not
constitute "service". As details of service for long service leave
entitlements are taken from employee leave records, it is important that
these indicate the employee's last date of actual duty at the hospital,
noting separately the payment of pro rata leave. A simple method of doing
this is to show the date of the last day of service over the date of the end
of the period for which payment, in lieu of leave, is made, thus:
10/9/77
21/9/77
The taking of a period of "leave" from the nursing industry, immediately

after termination, does not break the continuity of service of nursing
employees provided that the period of leave taken does not exceed the quantum
of accrued leave for which the proa rate payment was made. Under the Public
Hospital Nurses (State) Award, the employee may be absent from the industry
for a period not exceeding the period of leave to which the pro rate payment
is related without affecting leave entitlements accrued during periods of
"continuous service".
13.2
JURY ACT 1977 - REGULATION (95/95)

His Excellency the Governor has approved amendments to the Jury Regulation
1993 regarding payment for jury services. In view of the changes, it is
recommended that the following procedures be followed within the NSW Health
System:
1) An officer on receipt of a jury summons should immediately advise his

or her employer.
2) An officer who is on jury duty at a time when he/she would otherwise be
required for health service duty should be granted special leave.
3) Pay arrangements can be dealt with in one of two ways:
a) The employer does not pay the officer his or her full wage/
salary during jury duty. In this instance the officer can
claim an attendance fee from the Court. If the employee
claims the attendance fee, the employer should pay the officer
an amount being the difference between the officer's
wage/salary and the attendance fee.
NOTE: A claim to the Court for an attendance fee must be accompanied by a

statutory declaration verifying that the officer is not paid a full
wage/salary (other than an amount being the difference between the
officer's wage or salary and the attendance fee) by his or her employer
while on jury duty.
OR
b) The employer pays the officer his or her full wage/salary as

normal duty jury duty. In this instance, the officer cannot
claim an attendance fee from the Court (statutory declaration
not required).
4) The Sheriff or Registrar, on an officer being discharged from jury

service, will certify particulars of the officer's attendance at Court,
including any fees paid. The officer, on returning to duty, should
present this certificate to his/her employer.
Agencies should establish their individual pay procedures for officers on

jury duty in accordance with these guidelines. 22(1/96)
13.3
* EXEMPTION FROM JURY DUTY – NURSES (2002/115)
This Circular rescinds and replaces Circular 2002/87 dated 27

September 2002.
On 18 August 2002, the Minister for Health announced that agreement

had been reached with the Attorney General which allows registered
and enrolled nurses to make application to the Office of the Sheriff
for exemption from jury duty.
The agreement applies to registered and enrolled nurses who are

employed, or likely to be employed during the period of their jury
service.
While nurses may still be called to, and attend jury service, the
agreement means that nurses can apply to the Sheriff to be excused by
reason of ‘good cause’, ‘special importance’ or ‘special urgency’.
Under the amended guidelines used by the Sheriff’s Office to
determine who can be exempted from jury duty, the Sheriff can grant
such a request. The amendments will be in place for at least the next
two years.
To be considered under this provision, a person when making

application for exemption from jury duty, would need to also meet the
substantiation requirements as determined by the Office of the
Sheriff. Sufficient substantiation may include:
§ proof of qualification and/or registration (copy of

degree/diploma or registration certificate);
§ a letter from the employee’s current or prospective employer
certifying that the person is employed or is likely to be
employed in the capacity as a nurse during the relevant time.
Specific enquiries concerning this Circular are to be directed to the

relevant Area Human Resources Department in your Health Service. Only
Health Service Human Resource personnel should contact the Health
department nominee identified above.
INTER HOSPITAL MINI OLYMPICS (97/18)
The Inter Hospital Mini Olympics take place annually over a two day
period. The Olympics are hosted by a different Area Health Service
each time.
The Department is frequently approached for clarification on

insurance issues and staff entitlements during the Mini Olympics.
The following guidelines apply to hospital staff participating in the
Mini Olympics:
1. Employees attending the Inter Hospital Mini Olympics will be

covered for workers= compensation.
2. Each Health Service will need to make arrangements with staff

wishing to compete in the Inter Hospital Mini Olympics who are
rostered for duty to ensure that services are not disrupted or
the Health Service inappropriately inconvenienced.
35(3/03)
13.4
3. Employees attending the games whilst on annual leave or long

service leave will be considered on duty for the purpose of
workers= compensation coverage, however, will not be eligible
to convert their leave.
4. Employees will be covered for workers= compensation for

recreational activities after the day=s events provided that
this is limited to those activities on site and not otherwise.
5. Financial support is a matter for each Area Health Service.
6. Persons assisting as hospital volunteers on the day will be

covered in accordance with Section E.5.1.2 of the Contract of
Coverage with the NSW Treasury Managed Fund.
7. Liability coverage for the hospital/s involved in the Mini

Olympics will be in accordance with Section E4 of the Contract
of Coverage.
Any queries regarding this circular should be directed to the Human

Resources Branch of the relevant Area Health Service in the first
instance.
35(3/03)
14.1
RECORDING OF LEAVE DUE/TAKEN

GENERAL
The recording of leave accrued, and of leave taken, is a matter which causes
much concern to hospitals and staff alike.
The entitlements for each category of staff, in respect of sick leave and
annual leave, are defined in the various Awards, and entitlements in respect
of long service leave are defined in Section 3.
We shall now consider the recording of each type of leave in turn,

remembering that the only types of leave record needed are Form A40 Leave
Record (obtained from Government Printing Office), and a bound register of
long service leave in the format described in Section 3, which each hospital
will make up. It will, however, be noted that details of all leave taken are
to be recorded in employees' service records (Blue and Brown Books for
nursing staff and service record cards for other staff).
A specimen of Form A40 appears as Appendix 14.A to this Section. All of the
details at the head of the form will be inserted when the employee first
commences duty at the hospital.
ANNUAL LEAVE
Entitlements to annual leave are expressed differently in some Awards from
others.
Leave accruing is usually recorded on the anniversary of commencement; an

interim accrual would only need to be recorded when an employee wished to
take all leave due on a date which did not coincide with an anniversary, or
on the employee's termination, when all accrued leave due is either paid in
cash or is transferred by certificate, to the employee's new hospital.
Recording will be simplified if entries are returned to anniversary dates
after an interim accrual has been entered.
It is not necessary to record actual dates of leave; an entry of the pay

period in which payment is made enables a check to be made.
SICK LEAVE
Sick leave due and taken may be recorded in the manner prescribed by the
Board; however, because if often happens that an employee becomes sick or
incapacitated during his shift, and thus takes several hours' sick leave but
not a full day, it is recommended that sick leave be recorded in hours.
14.2
Each employee accrues two weeks' sick leave per year, and this is translated into
hours and recorded immediately it falls due. Leave taken is recorded (either
fortnightly or monthly) from the master pay vouchers. Since sick leave taken is paid
in that pay period it is sufficient to enter that time as "Period ended 15/2/89 - 32
hrs."; however, hospitals may make entry of the actual dates if desired. The
"balance due" is also entered in hours after each entry of leave taken.
It will be remembered that sick leave entitlements is cumulative; there is no limit

to the balance due which can accumulate, but it will be also remembered that, unless
the accrual is transferred with the employee to a new employer without a break in
service, the untaken balance lapses on termination of service, and cannot be revived
even if the terminated employee resumes service with the same employer at some later
date.
It will be noted that new employees are entitled to their first year's sick leave on
the first day of the fourth month of employment (immediately after the three-months'
qualifying period) unless they have transferred a credit of sick leave from their
previous employer; this is then available immediately, but the date of credit of
further entitlements will then be the anniversary of commencement with the previous
employer.
It is essential that leave records are kept and maintained on a system which will
provide for regular reviews of sick leave records of all employees. All sick leave
absences must have the nature of the illness noted on the employee's record unless
excluded on privacy grounds by specific approval with an indication where a medical
certificate is provided.
LONG SERVICE LEAVE

All computations in respect of each application for long service leave having been
completed (refer Section 3), the details are required to be recorded in a bound
register in the format shown in Appendix 14.C to this Section.
It is of the utmost importance that this register be kept up to date and in the
fullest detail; it not only constitutes a permanent record of leave taken (copies of
applications may be lost) and monies paid therefore, but is also useful when
employees request long service leave at a later date and perhaps (sometimes
conveniently) forget the earlier period of leave taken. Duplication of long service
leave can be a very expensive business!
As with all other types of leave taken, details will also be entered to the
employee's service record and to the individual leave record (Form A40); the
compilation of adequate records is often seen as a laborious and onerous task, but it
is essential.
The best way to convey details of long service leave taken by a former employee (on
inquiry by another employer) is by a certificate in the form of an extract from the
long service leave register and a copy of the employee's service record (if not
previously forwarded).
2/84
14.3
OTHER TYPES OF LEAVE

Leave, other than annual or sick leave (but including long service leave),
will be entered to employees' service records and to individual leave
records; reference should be made to Section 3 - LONG SERVICE LEAVE - for
provisions relating to inclusion (or exclusion) of periods of leave without
pay in computing entitlement to long service leave.
All leave taken (except annual or sick leave) is entered in Section 3 "Other
Leave" - of the individual leave record (Form A40).
RECORDING OF ACCRUED ANNUAL LEAVE ON TERMINATION

As is noted in Section 3 - LONG SERVICE LEAVE - the quantum of accrued annual
leave for which an employee receives payment in cash on termination (i.e.
leave which is not taken before the date of resignation but after the last
day worked) is not counted as service for the calculation of long leave.
To overcome problems in this regard the employee's service record should show
the actual date of resignation/termination and the date of conclusion of pro-
rata leave for which cash payment was made on termination only where the
award prescribes that leave accrues on a proportionate basis during the year
of employment. The Hospital Employees' Conditions of Employment (State)
Award prescribes that where the employment of an employee terminates with
less than 12 months service the employee is to be paid 1/12 of his or her
base gross earnings for period of employment less than 12 months. In this
case the two dates must be the same and must be the employee's last working
day.
14.3.1
SECOND/THIRD SCHEDULE HOSPITALS AND AREA HEALTH SERVICES - HOSPITAL PAYROLL

PROCEDURES - AGREEMENT WITH HEALTH & RESEARCH EMPLOYEES' ASSOCIATION
The introduction of the 38 hour working week for those awards and agreement
to which the Health and Research Employees' Association is party was achieved
in the majority of instances by having 19 working days in each 28 day roster
cycle. This occurred by an employee accruing a credit of time towards the
allocated day off.
Hospitals/Area Health Services would be aware that the system of debits and
credits had some shortcomings and therefore the method of providing for the
allocated day of duty has been modified.
Employees should be advised that the revised system which has been introduced
will not diminish or reduce any award entitlements.
As part of the 38 Hour Week Agreement of 1984 with the Health and Research
Employees Association, all full-time employees were to receive an average pay
of 76 hours per fortnight, although hours worked may have been 80 or 72
depending on the roster. This payment of 76 hours per fortnight will be
maintained under the revised system.
As there are 13 x 28 day roster cycles each year, the maximum number of
allocated days off duty cannot exceed 13.
One of the cost savings indicated at the time of the arbitration of the 38
hour week for the Health and Research Employees' Association was said to be
the limiting to 12 in the number of allocated days off duty in a year. This
limit was on the basis that employees did not "accrue" an entitlement to the
allocated day off duty when the employee was on annual leave (for which there
was a lesser number of hours on the shift for each day of annual leave than
the employees rostered day of work). The important factor was that employees
received only four weeks annual leave and not four weeks one day.
The revised system for the allocated day off duty has not in any way
diminished the initial cost saving. Employees will now be rostered and take
annual and other types of leave on the same basis that they are normally
rostered to work, i.e. rostered to work 19 x 8 hour shifts and have 9 days
off duty (including 1 x ADO) in each 28 day roster cycle. Therefore, the
limitation of 12 allocated days off duty is no longer required because the
13th day will be on conjunction with 19 days annual leave.
10(11/89)
14.3.2
Where employees are absent from rostered duty, such absences should be
recorded on the employee timesheet, pay roster or bundy card, according to
the number of working hours involved. If an employee is rostered to work 8
hours on a shift but is absent from duty because of illness, then the
timesheet etc., should show "sick leave 8 hours".
Where an employee is absent from duty on annual leave for 19 rostered shifts
in a roster cycle, the employee would have 152 hours of annual leave debited.
This means an employee will be debited annual leave according to his/her
roster of hours.
Leave without pay will be also debited according to the hours the employee is
rostered to work.
The same procedure will apply in respect of sick leave, that is when the
employee is absent from duty because of illness, the sick leave credit will
be debited the hours the employee was rostered to work. However, if an
employee is absent on sick leave for a total of 10 working days in any one
year and has no sick leave entitlement carried over from previous years, that
employee will continue to be paid the additional 4 hours even though no
credit might exist. Such additional payment will not affect the subsequent
year's sick leave entitlement, i.e. it is "special sick leave", not leave "in
advance".
Supervisors have always had the responsibility of rostering employees to work

according to Award provisions and of course to meet the needs of the
hospital. Supervisors are therefore able to roster all employees working 8
hour shifts to work 152 hours in a roster cycle and for the employees to have
9 days absent from duty.
The revised system is dependent upon the supervisors carrying out their
normal role in respect of preparation of rosters and advising the pay office
of amendments to the rosters for annual leave, sick leave and leave without
pay. Such an advice should be achieved by a notation on the timesheet, bundy
card or other advice by the supervisor.
10(11/89)
15.1
* TRANSFERABILITY OF LEAVE FOR HOSPITAL STAFF
Refer to Public Sector Staff Mobility circular number 96/71, page 16.1 of this manual.
28(8/98)
16.1
TRANSFERABILITY OF LEAVE FOR PUBLIC SERVICE STAFF

GENERAL
Officers of the Commonwealth or State Public Services other than New South
Wales Public Service, or employees of governmental authorities other than in
New South Wales, who transfer their services to public hospitals in this
State are not entitled to transfer any leave which they may have accrued
except for long service leave. In the case of New South Wales Public Service
or service within New South Wales declared authorities employees are entitled
to transfer their actual long service leave credits to the public hospital if
they so desire. The terms under which long service leave may be transferred
are set out in the Transferred Officers' Extended Leave Act 1961 (refer page
3.14).
PUBLIC SECTOR STAFF MOBILITY (93/90;96/71)

This circular applies to the NSW Ambulance Service, all Area Health Services
and Independent 2nd, 3rd and 4th Schedule organisations of NSW.
The purpose of this circular is to clarify the administrative procedures for

the portability of leave in circumstances where staff move between
organisations in the NSW Public Sector, and the use of the "Details of
Previous Employment" form to be used to facilitate the transfer of leave
within the NSW Public Health System, and corresponding dollar values.
The organisations in the NSW Public Sector covered by these provisions are
defined as follows:
• public service organisations (Schedule 1 and 2 to the Public Sector
Management Act 1988);
• declared authorities (Schedule 3 to the Public Sector Management Act
1988);
• the Public Health System;
• the Education Teaching Services;
• the Police Service;
• the Judicial Commission;
• the Independent Commission Against Corruption; and
• the Casino Control Authority.
The arrangements are subject to the employee ceasing with one organisation
and commencing service immediately or with the service being regarded as
continuous, with another organisation. These provisions will also apply to
holders of positions in the Senior and Chief Executive Services.
Existing provisions in accordance with the Transferred Officers Extended

Leave Act 1961 will continue to apply. 24(2/97)
16.2
1. STAFF MOBILITY PROVISIONS

1.1 Annual (Recreation) Leave
Other than in respect of transfers between Public Service
Organisations, e.g. Department of Health and Department of School
Education, an employee transferring from one organisation to another
organisation may elect to be paid monetary value of accrued annual
leave on termination, or have their entitlement (including the cost of
leave loading of 17.5% on all remaining base annual leave) transferred
on commencement with the new employing organisation. Future accrual of
annual leave will be at the rate in the new employing organisation.
The transferring organisation is to pay funds equivalent to the value

of accrued entitlements (including the cost of annual leave loading of
17.5% on all remaining base annual leave) to the receiving
organisation.
1.2 Extended (Long Service) Leave
Other than in respect of transfer between Public Service Organisations,
an employee transferring from one organisation to another organisation
may elect to be paid the monetary value of accrued extended (long
service) leave on termination, or have their entitlement transferred on
commencement with the new employing organisation.
An employee who transfers between organisations shall have their period

of service recognised for the purposes of calculating extended (long
service) leave, subject to their service being deemed continuous in
accordance with the provisions of the Transferred Officers Extended
Leave Act 1961. The Act is to be amended to incorporate the
organisations detailed previously where they have not already been
recognised.
Where the employee elects to transfer their entitlement, the following

shall apply:
• For staff with less than 5 years aggregate service, no funds
transfer is required.
• For those staff with 5 years and longer service an amount
equivalent to the accrued entitlement shall be transferred
calculated at the salary rate applicable prior to transfer
(for CES/SES use 72.5% of the total remuneration package).
24(2/97)
16.3
1.3 Sick Leave

An employee is taken to have the same amount of accrued sick leave on
commencement with the employing organisation as was accrued on
termination of employment with the transferring organisation.
The future eligibility of an employee to sick leave is to include the

amount accrued with the former organisation and any amount determined
in accordance with the conditions relating to the granting of sick
leave in the new employing organisation. There shall be no
"cashing-in" of sick leave under these arrangements.
There is to be no funds transfer for accrued sick leave transferred to

the new employing organisation.
1.4 Maternity Leave, Paternity Leave, Adoption Leave Etc.
An employee is to have all continuous service as at the date of
transfer to the new employing organisation taken into account by the
new employing organisation when determining the employee's entitlement
to maternity leave, paternity leave, adoption leave or any other form
of leave where a condition of eligibility is a period of service.
No transfer of funds is required in connection with this entitlement.
1.5 Recognition of Forfeited Sick Leave
An employee with continuous service in the NSW Public Sector who, prior
to the 3rd of May 1993 moved to a new employing organisation which did
not recognise sick leave credits accrued in previous NSW Public Sector
employment, may now access the forfeited sick leave credits in the
following circumstances:
• access will be at the discretion of the Chief Executive

Officers of Area Health Services. Ambulance and the RAHC.
Other organisations will require Head Office approval.
• accrued sick leave will only be accessible when current sick
leave credits have been exhausted;
No payments may be effected on cessation of employment.
1.6 Public Health Sector Financial Arrangements

The financial/accounting arrangements to cover the mobility
arrangements are as follows: 24(2/97)
16.4
(a) Transferor Health Organisation

The health organisation from which an employee is transferred,
is to effect payment against the leave provision account. The
entry is as follows:
DrProvision (Liability) Account
CrBank
(b) Transferee Health Organisation
The health organisation to which an employee "transfers" is to
ensure that moneys are received from the former public sector
employer, or an acquittance is received which clearly
indicates that the former employer effected payment to the
individual concerned. Assuming payments are to be made to the
new employer, the following entries apply:
DrBank
CrProvision (Liability) Account
(c) NSW Ambulance Service and Third/Fourth Schedule Organisations
The above referenced changes apply in all health
organisations, as defined in the Accounts and Audit
Determination.
The changes are also applicable in respect of the NSW

Ambulance Service which, like all health organisations other
than Central Administration is to be recognised as a Category
3 Public Sector agency, i.e. an agency responsible for funding
its own long service leave liability.
(d) Cash Management

It remains the responsibility of management to determine the
cash that needs to be made available each year to fund leave
payments.
Excluding Group Services, it is suggested that cash received

from other organisations need not be retained for application
to the designated officer.
Under the principles of accrual accounting, Areas etc. are to

determine the amount of cash required each year from the
Operating Budget to meet either Long Service or Annual Leave
payments inclusive of any known commitments for leave
liability transferred in accordance with this Circular.
24(2/97)
16.5
No requests for supplementation to meet cash leave payments

will be considered by the Department and management should
therefore ensure that cash management is adequately planned in
accordance with the above.
This needs to be adequately planned, e.g. for a three year

period, to identify any significant movements which are likely
to occur for which additional cash will need to be provided.
1.7 Group Service Policy
In respect of Group Services, it should be noted that the Department's
policy on cash reserves was advised in Circular 93/49, which stated
inter alia, ''reserve funds may only be used for the purpose for which
they are set aside - borrowing from reserve funds or their use in any
other manner is not permitted".
1.8 Effective Date
In respect of transfers within the public sector, inclusive of the
public hospital system, the changed arrangements are applicable from
3 May 1993.
2. "DETAILS OF PREVIOUS EMPLOYMENT" FORM
In order to provide uniformity in the information required to
facilitate the portability of leave in the NSW Public Health System,
the Health Department is recommending that the attached "Details of
Previous Employment" form be utilised. Whilst the exact layout of the
form may and should be subject to modification by individual health
services, the information contained on the form should be included in
all "Details of Previous Employment" forms.
The following items are to be used as guidelines in the completion of

the form.
2.1 The rate of pay to be used for transfer should be that at the
point of transfer, ignoring any retrospective increase yet to
be reflected on the employees record.
2.2 Details of all service should be completed in the section

provided.
2.3 Pro-rate annual leave calculations should be made with

reference to the award of the employee, i.e. factors to be
applied to total of ordinary pay earned should be: 24(2/97)
16.6
•6/46 for Nurses rostered to work on a 7 day basis

•5/47 for Principal Hospital Scientists
•completed months for RMO’s and Staff Specialists
•proportion of 5 weeks for Medical Superintendents
•1/12 for others
2.4 Hospay/Micropay leave reports and/or Datapower screen prints

should accompany the "Details of Previous Employment" form
whenever possible.
2.5 Employees who transfer from one Health Service to another may
transfer their accrued credit of annual leave in accordance
with the Department’s Leave Matters Manual.
2.6 Annual leave loading of 17.5% is to be included on all base

annual leave transferred.
2.7 The monetary calculation of the pro-rata component of annual

leave should be based on 100% of hours calculated. ADO’s
should not be taken into account.
2.8 Employees moving between full-time and part-time employment

(whether permanent part-time or "old" part-time) are to have
annual leave calculated in accordance with the Department’s
Leave Matters Manual. Please note especially sections 1.2 and
1.12.
For the portability arrangements to work satisfactorily it is the

Department’s view that the "Details of Previous Employment" form should
be forwarded to the new Public Health Employer within seven (7) days of
the employees employment ceasing with the previous employer. It is
anticipated that this will in turn facilitate the financial procedures,
to have the necessary payments made to the new employer, as quickly as
possible.
Arrangements should be made for the content of the attached "Details of

Previous Employment" form to be printed and in turn utilised to
facilitate this process.
24(2/97)
16.7
NSW PUBLIC HEALTH SYSTEM
DETAILS OF PREVIOUS EMPLOYMENT
(to be completed by the sending organisation)
EMPLOYEE DETAILS
Surname
Given Names
EMPLOYER DETAILS
Name of previous employer (sending organisation)
Name of new employer (receiving organisation)
SERVICE DETAILS AT THE PREVIOUS ORGANISATION

Date In Service / /19
Commencement Date / /19
Termination Date / /19
Industrial Code
Base Rate of Pay (as at last day of service) Per week $ Per Hour $
Classification
Next increment / /19
Employment type (Hospay codes PT/TF/PP/NP/CAS)
If Part-Time (PP/NP) please show contracted hours

SUPERANNUATION
Member Number Super YTD Monthly Contribution
SICK LEAVE
Due on Termination => HRS Anniversary date => / /19
PREVIOUS SERVICE INCLUDING RELEVANT SERVICE WITH PREVIOUS ORGANISATIONS
Employer Employment Hours per From Date To Date
(please use another form if space Type Week
insufficient)
HRS / /19 / /19

HRS / /19 / /19
HRS / /19 / /19
HRS / /19 / /19
HRS / /19 / /19
HRS / /19 / /19
HRS / /19 / /19
HRS / /19 / /19
HRS / /19 / /19
HRS / /19 / /19
24(2/97)
16.8
LEAVE WITHOUT PAY

Months => Days =>
LONG SERVICE LEAVE TAKEN
Months => Days =>
LONG SERVICE LEAVE ACCRUED
Months => Days =>
Total Days (balance as at of termination) Weekly Rate Divided by $ Value

DAYS $ 7 $
ANNUAL LEAVE DETAILS

Hours since last Ordinary Earnings $ Public Holiday Bank Extra Leave Bank
anniversary
HRS HRS HRS
ACCRUED ANNUAL LEAVE AS AT THE LAST ANNIVERSARY DATE

Hours Rate $ Value
Base Leave (first 4 weeks) HRS $ $
Annual Leave Loading HRS $ $
Public Holiday Leave HRS $ $
Extra Leave (for working Sundays/Public Holidays) HRS $ $
PRO RATA ANNUAL LEAVE FROM THE LAST ANNIVERSARY DATE UP TO THE LAST DAY OF SERVICE
Hours Rate $ Value
Base Leave (first 4 weeks) HRS $ $
Annual Leave Loading HRS $ $
Public Holiday Leave HRS $ $
Extra Leave (for working Sundays/Public Holidays) HRS $ $
TOTAL VALUE OF LEAVE TO BE TRANSFERRED TO APPEAR ON FUTURE INVOICE
Total LSL Long Service Leave $
Accrued Base Leave + Leave Loading + Accrued Annual Leave $

Public Holiday Leave + Extra Leave
Pro Rata Base Leave + Public Holiday Pro-Rate Annual $

Leave + Extra Leave
Total of LSL, Accrued Leave and Pro- TOTAL $

Rata Leave
AUTHORISATION BY THE SENDING ORGANISATION
Signed /
/19
Title
Contact Officer
Contact Phone Number

24(2/97)
16.9
PUBLIC SECTOR STAFF MOBILITY: SENIOR EXECUTIVE SERVICE - NOTIONAL SALARY

(96/83)
This circular applies to the NSW Ambulance Service, all Area Health
Services and Independent 2nd, 3rd and 4th Schedule Organisations in NSW.
It is to be read in conjunction with Departmental Circular 96/71, "Public
Sector Staff Mobility" with specific reference to section 1.2 ‘Extended
(Long Service) Leave’.
In accordance with the Premier’s Department Circular No. 96/13, "Senior

Executive Service - Notional Salary", effective on and from 1 September
1996, the notional salary for Senior Executive Officers will be 94.3% of
any total remuneration package.
Any queries regarding this circular should be directed to the Human

Resources area of the relevant Health Service in the first instance.
* PORTABILITY OF LEAVE FOR ARCBS EMPLOYEES EMPLOYED BY A PUBLIC HEALTH

ORGANISATION BETWEEN 1 JULY 1999 AND 30 JUNE 2002 (2000/14)
This Circular constitutes a determination of the Health Administration

Corporation made under section 115 of the Health Services Act 1997 in
respect of the terms and conditions of employment of certain employees of
the NSW Health Service employed between 1 July 1999 and 30 June 2002
(inclusive) who were formerly employed by the Australian Red Cross Blood
Service in NSW. The Circular fulfills the requirements of clause 16(a) of
the “Framework Agreement for the Transition of Staff and Related Matters”
between the ARCBS, the Health Administration Corporation and relevant
industrial organisations, dated May 1999.
Definitions
In this Circular, the following terms have the following meanings.
“ARCBS” means the Australian Red Cross Blood Service of the Australian Red
Cross Society and the NSW Blood Transfusion Service of the Australian Red
Cross Society.
“Continuous service”. Service with one employer is continuous with service

with another employer where the employee resigns from the employment of the
former employer and is accepted for employment with the subsequent employer
on the next business day, notwithstanding that the employee does not
commence duties with the subsequent employer on that day. The employee
must, however, commence duties with the subsequent employer within 8 weeks
of ceasing duties with the former employer.
However, service shall not be continuous service where:
(a) the employee was dismissed from employment by the former employer; or
(b) the employee resigned from employment with the former employer after
being required to do so by the former employer for disciplinary
reasons.
”Public health organisation” means
(a) an area health service;
(b) a statutory health corporation; or
(c) an affiliated health organisation in respect of its recognised

establishments and recognised services.
31(5/00)
* 16.10
Employees to whom this Circular applies
This Circular applies to any employee who was employed by the Australian
Red Cross Blood Service in NSW as at midnight, 30 June 1999, and who is
accepted for employment by a public health organisation in the period from
1 July 1999 to 30 June 2002 (inclusive).
Entitlements to calculation/transfer of leave
An employee to whom this Circular applies is entitled to the following

provisions regarding the calculation of leave by the public health
organisation with whom they are employed in the period 1 July 1999 to
30 June 2002 (inclusive).
Long Service Leave
1. Where long service leave entitlements have not been paid out by the
ARCBS on the termination of the employee’s employment with the ARCBS,
the public health organisation shall take the following periods of
service into account in calculating the employee’s long service leave
entitlements:
(a) any service with the ARCBS which is continuous with service with the
public health organisation; and
(b) any previous service with the following employers provided that all
those periods of service are continuous with each other, and the last
such period of service is continuous with the person’s service with
the ARCBS:
• any public health organisation, or any entity which was a

predecessor in title to a public health organisation (eg, a
public hospital within the meaning of the Public Hospitals Act
1929).
• any employer, service with whom would constitute “governmental

service” within the meaning of the Transferred Officers
Extended Leave Act 1961.
Annual Leave
2. Any unpaid accrued annual leave entitlements as at the date of

termination of the employee’s employment with the ARCBS shall be
transferred to the public health organisation. Future accrual of
annual leave will be at the rate applicable in the public health
organisation.
Sick leave
3. On commencement with a public health organisation, the sick leave

entitlements of the employee will be the same as those available to
the employee as at the termination of their employment with the
ARCBS. Future accrual of sick leave will be at the rate applicable
in the public health organisation.
Maternity, Paternity, Adoption leave etc
4. All service identified in paragraphs 1(a) and 1(b) above shall be

taken into account in determining an employee’s entitlement to
maternity leave, paternity leave, adoption leave or any other form of
leave where a condition of eligibility is a period of service.
31(5/00)
* 16.11
Transfer of funds from ARCBS to public health organisation
Upon commencement of service by the employee with the public health

organisation, the ARCBS shall forward to the public health organisation
within 30 days of receiving a notice from the public health organisation:
• details of any payment to an employee of accrued annual leave or long

service leave;
• the value of any unpaid accrued annual leave (including any leave
loading) as at the date of the employee’s termination of employment
with the ARCBS;
• for employees entitled to long service leave accrual (ie those with
over five years service with the ARCBS and a previous employer,
service with whom the employee is entitled to take into account under
paragraph 1(b) of this Circular) the value of any unpaid accrued long
service leave as at the date of the employee’s termination of
employment with the ARCBS.
The funds transferred are to be computed at the substantive salary rate

paid on the last day of duty at the ARCBS.
Future employment conditions
Once employed by a public health organisation, employees shall be entitled

to count the above entitlements as entitlements due to them in their
employment with the public health organisation and, in future employment,
Circular 96/71 “Public Sector Staff Mobility” (or any replacement Circular)
(page 16.1) will apply in respect of those entitlements.
31(5/00)

Phleave

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Phleave

Uploaded by

Copyright:

Available Formats

LEAVE MATTERS

AREA HEALTH SERVICES

LONG SERVICE LEAVE 3

FACS, PERSONAL/CARER=S AND FLEX LEAVE, SPECIAL LEAVE 4

LEAVE TO ATTEND TRADE UNION TRAINING COURSE 12

TRANSFERABILITY OF LEAVE FOR HOSPITAL STAFF 15

TRANSFERABILITY OF LEAVE FOR FORMER PUBLIC SERVANTS 16

This is one of a series of Public Hospital Procedure Manuals produced as a

The Hospital Secretaries' Award prescribes that Chief Executive Officers

Part-Time Employees (85/53)

a) where an employee is engaged on a part-time basis and the contracted

b) where an employee is engaged on a part-time basis and the contracted

c) where an employee is engaged on a part-time basis and the contracted

Compensation for Sundays and Public Holidays

Compensation - Public Holidays: Hospital Employees Conditions of Employment

Employees who are rostered off-duty on a public holiday shall receive an

Where a terminating employee is on workers' compensation payments for part of

Where awards, agreement or determination confer more favourable annual leave

TAKING OF ACCRUED ANNUAL LEAVE

The purpose of annual leave is to give employees a period of recreation and

However, it is recognised that there may, on occasions, be sound reasons for

All leave entitlement accruing beyond the prescribed maximum is forfeited

More specific details on the accumulation of annual leave will be found in

Such an application must be supported by a medical certificate stating the

(i) Annual Holidays Act (1944)

And also see:

And also see:

The Commission has reviewed the provisions relating to the Accumulation of

The majority of awards affecting public hospital employees provide that

Accordingly, the Commission has decided that, as a matter of policy, public

• the application must be made to the Industrial Registrar before the

1. Employees, other than shift workers, shall be granted an annual leave

Where annual leave is taken in broken periods the amount of annual

* For employees who transfer from one hospital to another and

Provided that where such trainee or medical officer:

11. The effect of the paragraph 9 is that a payment of an annual leave

13. Rate of Payment: the annual leave loading is to be calculated on the

16. Shift Workers: unless determined otherwise, shift workers proceeding

• in the case of superannuation contributors, satisfactory arrangements

• the conduct and services of an applicant should be satisfactory.

RECOGNITION FOR LONG SERVICE LEAVE PURPOSES

ACCRUAL OF ANNUAL LEAVE DURING PERIODS OF LEAVE WITHOUT PAY

PERMANENT PART-TIME EMPLOYMENT - PUBLIC HOSPITAL NURSES (STATE) AWARD (89/78)

Employees are entitled to transfer their leave entitlements in accordance

The annual leave loading provisions prescribed in the Award are to be

This determination applies to all persons employed within Area Health

Any enquiries concerning this determination should be directed to the

* PUBLIC SECTOR EMPLOYEES CONTESTING ELECTIONS (2002/116)

This Circular updates information for public employees contesting

The provision for public employees contesting Federal elections

Public Sector Employees Contesting State Elections

Any employee intending to contest a state election must in the first

If a person in any public sector service, including health services,

If the person is elected, then he/she is required to resign from the

Attention is drawn not only to the above legislative provision, but

“Employees must make sure that any participation in party

It is a requirement for all public sector agencies, including health

Public Sector Employees Contesting Federal Elections

The conditions under which a public sector employee may contest

This has been interpreted to mean that Government employees must

Any employee intending to contest a Federal election must, in the

a. the resignation took effect within 3 months of the date of the