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Division 1: Leave without pay

5.10.3 Purpose

Leave without pay allows a member to take leave when no other leave type is suitable.

5.10.4 Grant of leave without pay

  1. The CDF may grant a member a period of leave without pay on the member's application.

    Note: For a member on Reserve service, this means permission to interrupt their training obligations.

  2. Note: In the total workforce model, a member on Reserve service may be described as a member in Service category 3, 4 or 5. A member on Service option C is not a member on Reserve service.

  3. A period of leave without pay must not be longer than two years, unless section 5.10.5 applies.

  4. For subsection 1, the CDF must consider all of these criteria.

    1. The purpose and length of the period of leave.

    2. The operational efficiency of the ADF.

    3. The member's length of service.

    4. The extent and appropriateness of any other leave available to the member.

    5. The nature of any training or study that the member intends to undertake during the period.

    6. The likelihood of the member resuming continuous full-time service at the end of the period.

    7. Note: In the total workforce model, continuous full-time service may be described as service in Service category 6 or 7. A member who is in Service category 3, 4 or 5 and Service option C is also on continuous full-time service.

    8. The personal circumstances of the member or their dependants.

    9. Any employment approved for the member under Part 7 Chapter 3 of the Military Personnel Policy Manual, as published on 6 April 2017.

    10. Any other factor relevant to the application for leave.

      Example: Lack of suitable child care facilities at a posting location.

  5. Leave without pay must not be used for unpaid maternity leave.

    Example: A member takes 12 weeks' paid maternity leave, then 40 weeks as unpaid maternity leave, not leave without pay.

    See: Part 6, Maternity leave

Persons who can make the decision under subsection 5.10.4.1 on behalf of the CDF:
To allow a member to accompany on posting a spouse or partner who is also a member (section 5.8.5)
Director Navy People Career Management Agency
Deputy Director Navy People Career Management Agency
Director General Navy People
Head Navy People and Resources
Staff Officer Grade 1 (Soldier Career Management Agency)
Commanding Officer Soldier Career Management Agency
Director Officer Career Management – Army
Staff Officer Grade 1 (Directorate of Officer Career Management – Army)
Director General Personnel – Army
Chief of Staff Director General Personnel – Air Force
SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force
Deputy Director Selection, Enlistment, Appointment and Transition (Air Force)
Deputy Director Flexible Employment and Remuneration (Air Force)
Deputy Director Under Training Workforce (Air Force)
Executive Officer Director Personnel – Air Force
Director Personnel – Air Force
Director General Personnel – Air Force
for any other reason
For periods of less than 3 months – Navy:
Commanding Officer or Officer Commanding, not below Lieutenant Commander, in the member's direct chain of command
For periods totalling no more than 90 days in a leave year – Army and Air Force:
Commanding Officer or Officer Commanding, not below MAJ(E), in the member's direct chain of command
For any period:
Director Navy People Career Management Agency
Deputy Director Navy People Career Management Agency
Director General Navy People
Head Navy People and Resources
Staff Officer Grade 1 (Soldier Career Management Agency)
Commanding Officer Soldier Career Management Agency
Director Officer Career Management – Army
Staff Officer Grade 1 (Directorate of Officer Career Management – Army)
Director General Personnel – Army
Director Personnel – Air Force
Chief of Staff Director General Personnel – Air Force
SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force
Deputy Director Selection, Enlistment, Appointment and Transition (Air Force)
Deputy Director Flexible Employment and Remuneration (Air Force)
Deputy Director Under Training Workforce (Air Force)
Executive Officer Director Personnel – Air Force
Director General Personnel – Air Force

5.10.5 Leave without pay to accompany spouse or partner on posting

  1. This section applies to a member who meets all these conditions.

    1. They have a spouse or partner.

    2. The member's spouse or partner is also a member.

    3. The member is granted a period of leave without pay to accompany the spouse or partner to a new posting location.

  2. The member's period of leave ends on the earlier of these two days.

    1. The day a suitable posting becomes available for the member at that location.

    2. The day their spouse or partner's posting ends.

5.10.5A Leave without pay (flexible service determination)

  1. This section applies to a member who has a flexible service determination (weeks per month pattern of service).

  2. The member is on leave without pay during their nonworking period.

5.10.6 Allowances during leave without pay

  1. A member granted leave without pay under this Division is not eligible for an allowance during the period of leave. This is unless subsection 2 applies.

    Exception: This Determination may provide for an allowance to be paid during leave without pay (flexible service determination).

  2. The CDF may approve payment of an allowance during all or part of a period of leave without pay.

  3. For subsection 2, the CDF must consider all of these criteria.

    1. Whether it would severely disadvantage a member or their dependants if they ceased to be eligible for an allowance listed in Annex 5.10.A during a period.

      See: Annex 5.10.A, Allowances and reimbursements during leave without pay

    2. The member's eligibility for the allowance immediately before the period of leave and whether the allowance would have continued if they were not on leave.

    3. The personal circumstances of the member or their dependants.

    4. The nature and status of any claim by the member against the Commonwealth for compensation or veterans' entitlement.

    5. Any other factor relevant to the member's eligibility for the allowance.

  4. In this section, allowance includes reimbursement for costs paid.

    Example: Reimbursement of education costs for a child.

Persons who can make the decision under subsection 5.10.6.2 on behalf of the CDF:
Director General Navy People
Director Navy Personnel Policy
Director Navy Employment Conditions
Director General Personnel – Army
Director Personnel Policy – Army
Staff Officer Grade 1 – Personnel Policy – Army
Director General Personnel – Air Force
Director Personnel Policy – Air Force
Deputy Director Personnel Policy – Air Force
Deputy Director Service Conditions – Air Force

5.10.7 Effects on other conditions of service – summary

  1. Periods of leave without pay do not count as qualifying service for any of these benefits.

    Benefits
    Item Benefit See
    1. Salary increments Chapter 3 Part 2 Division 3
    2. Recreation leave, if the leave without pay is more than 24 hours Part 4 section 5.4.8
    3. Long service leave, if the leave without pay is not for illness and is more than three months Part 5 Division 3 paragraph 5.5.18.b

    Note: Leave without pay may affect the qualifying service period and a member's service credit under the Defence Home Ownership Assistance Scheme.

    See: Defence Home Ownership Assistance Scheme Regulations 2008

  2. This subsection applies to either of these periods of leave without pay.

    1. A period longer than 21 consecutive days.

    2. A period totalling more than 21 days, if the member takes leave without pay immediately before or after another period that salary is not payable for.

      Example: Absence without leave, custody, imprisonment.

  3. The periods in paragraphs 2.a and 2.b do not count as qualifying service for any of the following.

    1. Defence Force Retirement and Death Benefit (DFRDB) purposes. There is still cover for invalidity benefits during the period.

    2. Gratuities on retirement or invalidity under the Defence Force Retirement and Death Benefits Act 1973.

      See: Chapter 2 Part 3 Division 2, Gratuities on retirement and invalidity

    3. A Defence Service Home Loan, for a member who must serve an initial qualifying period to get a loan.

    4. A benefit under the Veterans' Entitlements Act 1986. After qualifying for benefits under the Act, a member has no cover under the Act for an injury or illness that happens during leave without pay.

  4. Leave without pay may affect maternity leave entitlements.

    See: Part 6
    Division 2 section 5.6.18, Access to other leave
    Division 4, Member already on leave without pay

  5. Continuity of service for a particular benefit will not be broken by leave without pay if the conditions for the benefit are met.

  6. A member continues to be entitled to medical and dental treatment at Commonwealth expense while they are on leave without pay. They are not entitled to salary while they are in hospital, undergoing medical treatment, or on convalescence or absence for illness.

  7. A member is not covered by compensation legislation for injuries they suffer during a period of leave without pay.

  8. A member's furniture and effects are not to be stored at Commonwealth expense for the period of leave without pay.

  9. A member on leave without pay has no eligibility for compassionate or carer's leave. This is because they are already on leave.

  10. Leave without pay may affect qualifying service for the Military Superannuation and Benefits Scheme (MSBS) retention benefit.

    See: Chapter 3 Part 5
    Division 1, Military Superannuation And Benefits Scheme retention benefit – overview
    Division 2, Bonus framework

  11. Note 1: A member should refer to Service instructions for the effect of leave without pay on these conditions.

    1. Completion of another rank engagement.
    2. A return of service obligation.
    3. A member's seniority for promotion.
    4. The grant of rank on retirement.
    5. The award of medals or decorations.

    Note 2: A member who is going or planning to go on a period of leave without pay should contact COMSUPER to confirm the effects of the leave on their superannuation benefits and contributions.

    COMSUPER can be contacted on:
    Military Super: 1300 006 727
    DFRDB: 1300 001 677
    Website: www.comsuper.gov.au

  12. A member on leave without pay is not required to stay fit or deployable.

  13. Note: Rule 7 of the Military Super and Benefits Scheme Rules sets out when a member can pay superannuation contributions during leave without pay.

5.10.8 Payment of charges to the Commonwealth

  1. A member must continue to pay the Commonwealth for services or facilities they continue to receive while they are on leave without pay.

    Example: Contributions for Service residences, rent allowance or living-in accommodation and meals. Higher rates of member contributions may apply.

    See: Chapter 7
    Part 4 Division 4 section 7.4.27, Member on leave without pay (living-in accommodation)
    Part 6 Division 8 section 7.6.50, Member on leave without pay (Service residences)
    Part 8 Division 5 section 7.8.34, Member on leave without pay (rent allowance)
    Part 9 Division 1 section 7.9.11, Member on leave without pay (meals)

  2. A member who has been granted leave without pay must notify the Defence Housing Australia in writing. This allows the member to arrange housing contribution payments during the leave.

Application to Reservists: No.



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