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Part-time leave without pay may be made available to members overseas. Related Information: See Division 2, for equivalent conditions for members in Australia. |
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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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In this Division, a decision maker means any of the following. |
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a. |
CDF. |
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b. |
Director General Navy Personnel and Training. |
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c. |
Director General Personnel – Army. |
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d. |
Director General Personnel – Air Force. |
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1. |
The decision maker may grant a period of part-time leave without pay to a member overseas who meets both of the following conditions. |
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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 any 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 decision maker
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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A member on Reserve service is not entitled to part-time leave without pay overseas. |
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1. |
The decision maker may not grant part-time leave without pay under clause 5.8.23 to a member for any of these periods. |
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a. |
More than two years. However, the decision maker 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 decision maker may vary a date, or the days, stated in the grant of leave. The decision maker 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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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 decision maker may end a member’s period of leave in any of these circumstances. |
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a. |
The member returns to Australia. |
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b. |
A significant change occurs in the circumstances that the decision maker relied on to grant the leave to the member. Example: The location where the member is performing work becomes unsafe. |
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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 on days for which the leave without pay has been granted. |
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4. |
A period of part-time leave without pay does not break continuity of service for conditions provided in this Determination. Exception: This happens unless the rules for the condition say otherwise. |
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1. |
A member granted part-time leave without pay under this Division may only be paid conditions of service listed in the following table. Example: A member on part-time leave without pay can only be granted maternity leave if she meets all the normal requirements for a grant of leave. Despite this subclause, a member who is not pregnant cannot be granted maternity leave. |
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Item |
Name |
Reference |
Notes |
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1. |
Any condition of service the member qualifies for in Chapters 1 to 11.
Exceptions: Chapter 7, ADF Housing and meals
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a. Chapters 1 to 6 b. Chapters 8 to 11
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The following clauses describe how these conditions are modified for members on part-time leave without pay. a. Clause 5.8.28, Effect on allowances and contributions b. Clause 5.8.29, Effect on other forms of leave c. Clause 5.8.30, Effect on salary increments
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2. |
Matters provided for under determinations made under section 58H of the Defence Act 1903 Examples: Salary, Service allowance |
As published in Chapters 3 and 4 of the ADF Pay and Conditions Manual |
Some conditions for members on part-time leave without pay may be provided for in the section 58H determination.
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3. |
Travel on evacuation |
Exception: Subclause 14.4.4.3.
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The member is only entitled to travel on evacuation. The member is not entitled to travel at the beginning and end of the member's period of duty overseas.
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4. |
Conditions on evacuation from post |
a. Clauses 14.6.3 to 14.6.7 b. Clause 14.6.12 c. Clauses 14.6.15 and 14.6.16 |
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5. |
Public holidays |
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6. |
Travel for short-term duty while on long-term posting |
Chapter 15 Part 3 Division 1 |
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7. |
Vehicle allowances |
Chapter 15 Part 3 Division 4 |
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8. |
Entitlement – funeral costs |
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1. |
Clause 5.8.27 prescribes the conditions of service that may apply to a member on part-time leave without pay who is performing duty in an overseas location. See: Clause 5.8.27, Other conditions of service that apply |
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2. |
The following table sets out the effects of part-time leave without pay on those allowances and contributions that a member may be paid, under clause 5.8.27. |
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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. |
uniform allowance |
‑ |
reduced on a pro rata basis. |
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2. |
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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1. |
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 the following conditions. |
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a. |
They were on part-time leave without pay at the time they were granted maternity leave. |
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b. |
The member's grant of part-time leave without pay would have continued 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 the member had continued on part-time leave without pay until the end of the period granted. 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 subclause applies to a member who meets both these conditions. |
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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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2. |
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 5.8.32. |
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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, worked out using the following table. |
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Step |
Action |
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1. |
Work out the total number of days a member is absent on part-time leave without pay in a pay period. Include any weekends the member does not work. |
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2. |
Subtract 4 days from the figure in Step 1. |
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3. |
Multiply the outcome of Step 2 by 10. The outcome of this Step is the percentage that is used to vary pro rata entitlements. |
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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. |