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TAX ALERT: PACMATE Annex 3.A, item 87. |
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Part-time leave without pay allows a member to work part-time so they can attend to other needs. Example: A member may seek leave to care for their dependants, further their studies or take a break from full-time work. |
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Defence Instruction (General)
Personnel 49-4, Flexible
work arrangement for members of the Australian Defence Force provides
information about part-time leave without pay. Members are to read this
guidance in conjunction with this Division. |
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1. |
The CDF may grant a period of part-time leave
without pay to a member in |
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a. |
The member has applied for part-time leave without pay. |
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b. |
The member has completed a period of continuous full-time service made up of both of the following. |
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i. |
Initial recruit training and any relevant specialist training. |
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ii. |
Any further service that the CDF considers necessary
to strengthen the training listed in subp |
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2. |
For subp |
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a. |
The nature of the duties the member normally performs. |
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b. |
The period members generally need to strengthen initial recruit and any specialist training. |
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c. |
The member’s progress since undertaking that training. |
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d. |
Any other factor relevant to the member’s performance of duty. |
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Persons who can make the decisions under subclause
5.8.10.1 and p Director Sailors’ Career Management Director Naval Officers’ Postings Staff Officer Grade 1 (Soldier Career Management Agency) Director Officer Career Management – 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 Administrative Sanctions, Promotion, Gradings and Internal Review (Air Force) Deputy Director Under Training Workforce (Air Force) Executive Officer Director Personnel – Air Force Director General Navy Personnel and Training Commander Australian Navy Systems Command Director General Personnel – Army Director General Personnel – Air Force |
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A member on Reserve service is not entitled to part-time leave without pay. See: Chapter 1 Part 3 Division
1 |
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1. |
The CDF may not grant part-time leave without pay under clause 5.8.10 to a member for any of these periods. |
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a. |
More than two years. However, the CDF may approve two or more consecutive periods of part-time leave without pay, subject to the normal approval processes. |
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b. |
Less than three months. |
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c. |
Less than a total of five days or more than a total of 13 days in each fortnightly pay period during the period of leave. Note: A fortnightly pay period includes the four weekend days. This means that part-time leave without pay cannot be granted for less than one working day or more than nine working days in a normal 10-day working fortnight. |
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d. |
If the leave without pay is granted on parts of days – less than a total of one or more whole days’ leave in each pay period. This is based on the normal working hours for members generally where the member normally performs duty. Example: A member applies for a half-day's part-time leave without pay in a pay period. The leave will not be granted. |
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2. |
The CDF may vary a date, or the days, stated in the grant of leave. The CDF must consider the member’s interests and views and any factor relevant to the circumstances in which the leave was granted. |
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Persons who can make the decisions under paragraph 5.8.12.1.a and subclause 5.8.12.2 on behalf of the CDF: Director Sailors’ Career Management Director Naval Officers’ Postings Staff Officer Grade 1 (Soldier Career Management Agency) Director Officer Career Management – 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 Administrative Sanctions, Promotion, Gradings and Internal Review (Air Force) Deputy Director Under Training Workforce (Air Force) Executive Officer Director Personnel – Air Force Director General Navy Personnel and Training Commander Australian Navy Systems Command Director General Personnel – Army Director General Personnel – Air Force |
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1. |
A grant of leave must be in writing. It must state both these matters. |
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a. |
The dates when the period of leave is to begin and end. |
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b. |
The days or parts of days when leave is granted in each pay period. |
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2. |
The CDF may end a member’s period of leave in any of these circumstances. |
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a. |
The member stops serving in Australia for the
purposes of p |
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b. |
A significant change occurs in the circumstances that the CDF relied on to grant the leave to the member. |
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c. |
The end of the posting to which the grant of leave applies. |
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3. |
A member on part-time leave without pay may be required to perform periods of duty in addition to the periods they normally perform during the period of leave. |
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4. |
A period of part-time leave without pay does not break continuity of service. |
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5. |
This subclause applies to a member who meets both these conditions. |
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a. |
They are granted part-time leave without pay under p |
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b. |
They are performing duty in relation to a posting in Australia. |
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The member is not entitled to any overseas conditions of service they would otherwise get under Chapters 13, 14, 15 and 16 for duty performed at an overseas location. |
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Persons who can make the decision under subclause 5.8.13.2 on behalf of the CDF: Director Sailors’ Career Management Director Naval Officers’ Postings Staff Officer Grade 1 (Soldier Career Management Agency) Director Officer Career Management – 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 Administrative Sanctions, Promotion, Gradings and Internal Review (Air Force) Deputy Director Under Training Workforce (Air Force) Executive Officer Director Personnel – Air Force Director General Navy Personnel and Training Commander Australian Navy Systems Command Director General Personnel – Army Director General Personnel – Air Force |
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A member granted a period of part-time leave without pay may be entitled to an allowance. This may include reimbursement of costs they paid, if that applies. They may also be liable to pay a contribution for an entitlement. This table sets out the effects of part-time leave without pay on allowances and contributions. |
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Item |
If the member is entitled to… |
or must pay… |
then their entitlement or liability while on part-time leave without pay is… |
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1. |
a. temporary accommodation allowance b. rent allowance |
a contribution for a Service residence or living-in accommodation |
set out in Chapter 7: d. Part 4 Division 5 clause 7.4.26, Rate of contribution (temporary accommodation allowance). e. Part 5 Division 9 clause 7.5.52, Member on part-time leave without pay (Service residence). f. Part 6 Division 5 clause 7.6.32, Member on part-time leave without pay (rent allowance). |
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a. uniform allowance b. retention allowance |
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reduced on a pro rata basis. |
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3. |
any other allowance |
any other contribution |
as if they were not on part-time leave without pay. |
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Note: Part-time leave without pay has no effect on payment of casual meal charges. See: Chapter 7 Part 7 Division 1 subclause 7.7.10.1. |
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A period of part-time leave without pay reduces a member’s entitlement to recreation leave credit on a pro rata basis. This does not apply to additional recreation leave credit. See: Example: A member serves half-time on part-time leave without pay. They accrue basic recreation leave at the rate of 10 days a year instead of 20. Additional recreation leave is not affected. |
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2. |
This subclause applies to a member who is granted a period of maternity leave, if they meet both these conditions. |
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a. |
They were already on part-time leave without pay. |
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b. |
Unless the part-time leave without pay has been terminated, they would have continued on it if they did not take the maternity leave. |
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3. |
If subclause 2 applies: |
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a. |
Any salary the member is entitled to during the maternity leave must be reduced as if they had continued on part-time leave without pay until it would have ended. Example 1: A member is 24 weeks into a grant of 12 months of part-time leave without pay. They take 12 weeks' paid maternity leave at that point. Their salary for the 12 weeks' maternity leave is the salary they were entitled to for the part-time leave without pay. Example 2: A member is 48 weeks into a grant of 12 months (52 weeks) of part-time leave without pay. They take 12 weeks' paid maternity leave at that point. Their salary for the first four weeks of maternity leave is the salary they were entitled to for the part-time leave without pay. Their salary for the rest of the paid maternity leave is the salary they are entitled to under Chapter 5 Part 4. |
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b. |
Any recreation leave credit they would be given for service during maternity leave must be reduced as if they had continued on part-time leave without pay. This does not apply to additional recreation leave credit. |
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Part-time leave without
pay counts as service for salary increment purposes on a pro rata basis. That
is, the period of part-time leave without pay increases the 12 months
referred to in p See: Chapter 3 Part 2 clause
3.2.25, Increment advancement Note: For the salary of a member on part-time leave without pay, see Chapter 3 Part 2 clause 3.2.8, Salary and allowances (member on part-time leave without pay) |
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This table points to further information on the effects of part-time leave without pay on remuneration and other conditions of service. |
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Item |
Entitlement |
See |
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1. |
Salary |
Chapter 3 Part 2 Division 1 clause 3.2.8 |
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Higher duties allowance |
Chapter 4 Part 1 |
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Housing assistance |
Clause 5.8.14 |
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Additional leave for training |
Chapter 5 Part 2 Division 5 clause 5.2.22 |
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A member who has been granted part-time leave without pay must notify the Defence Housing Australia in writing. This allows the member to arrange the correct housing contribution payments. |
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This subclause applies to a member who meets both these criteria. |
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a. |
They need to complete a required period of effective service to be eligible for a completion bonus. See: Chapter 3 Part 5, Retention and completion benefits |
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b. |
They have been granted a period of part-time leave without pay. |
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In this case, the required period of effective service increases pro rata in relation to the period of part-time leave without pay. Example: A member has completed three of five years required for a completion bonus. They go on part-time leave without pay for 12 days a fortnight. They need to serve a further two years increased by 80%, which is three years and 7.2 months. This is worked out using the formula in clause 5.8.19. |
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2. |
This subclause applies to a member who meets both these criteria. |
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a. |
They have signed an undertaking for a retention bonus under Chapter 3 Part 5. |
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b. |
They have been granted a period of part-time leave without pay. |
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In this case, a period of continuous full-time service mentioned in that Part or in the undertaking means a period increased pro rata by the period of leave without pay. |
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An entitlement or period to be reduced or increased on a pro rata basis is reduced or increased by a percentage rate. It is worked out using this formula. |
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Number of days' PTLWOP – 4 |
X |
100 |
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10 |
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where the number of days’ part-time leave without pay (PTLWOP) means the total period, in days, when the member is absent on part-time leave without pay in a pay period. Example: A member is on part-time leave without pay for eight days a fortnight (including weekends). The 12 months for their next salary increment is increased by 40 per cent, which is 16.8 months. |
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A member applying for
part-time leave without pay must read Annex C of Defence Instruction (General) Personnel 49-4,
Flexible work arrangements for members of the Australian Defence Force. See: Form AD097, ADF leave application |