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Division 2: Part-time leave without pay

5.10.9 Purpose

Part-time leave without pay allows a member on continuous full-time service to attend for duty on a part-time basis so they can attend to other needs.

Note: In the total workforce model, a member on continuous full-time service may be described as a member in Service category 7. A member who is in Service category 3, 4 or 5 and Service option C is also on continuous full-time service. A member in Service category 6 can work part-time hours through the grant of a flexible service determination.

5.10.9A Flexible work arrangements

The Military Personnel Policy Manual, Part 7 Chapter 6, 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.

5.10.10 Members who are eligible

  1. The CDF may grant a period of part-time leave without pay to a member in Australia who meets all of the following conditions.

    1. The member is on continuous full-time service, whether as a member of the Permanent Forces or Reserves.

    2. Note: In the total workforce model, the Permanent Force may be said to comprise members in Service category 7. The Reserves may be said to comprise members in Service categories 2, 3, 4 and 5. A member in Service category 6 can work part-time hours through the grant of a flexible service determination.

    3. The member has applied for part-time leave without pay during the period of continuous full-time service.

    4. The member has completed both of the following.

      1. Initial recruit training and any relevant specialist training.

      2. Any further service that the CDF considers necessary to strengthen the training listed in subparagraph i.

  2. For subparagraph 1.c.ii, the CDF must consider all the following criteria.

    1. The nature of the duties the member normally performs.

    2. The period members generally need to strengthen initial recruit and any specialist training.

    3. The member's progress since undertaking that training.

    4. Any other factor relevant to the member's performance of duty.

  3. The CDF may grant a period of part-time leave without pay to a member in Australia following a period of maternity leave or parental leave. The last day of the period of part- time leave without pay must be no later than two years after the day the child was born or adopted.

Persons who can make the decisions under subsection 5.10.10.1, subparagraph 5.10.10.1.c.ii and subsection 5.10.10.3 on behalf of the CDF:
Head Navy People and Resources
Director General Navy People
Director Navy People Career Management Agency
Deputy Director Navy People Career Management Agency at the rank of CMDR
Director General Career Management – Army
Director Soldier Career Management – Army
Staff Officer Grade 1 (Directorate of Soldier Career Management – Army)
Director Officer Career Management – Army
Staff Officer Grade 1 (Directorate of Officer Career Management – Army)
Director General Personnel – Air Force
Director Personnel – Air Force
Chief of Staff Director General Personnel – Air Force
Deputy Director Selection, Enlistment, Appointment and Transition (Air Force)
Deputy Director Under Training Workforce (Air Force)
Deputy Director Flexible Employment and Remuneration (Air Force)
SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force
Executive Officer Director Personnel – Air Force

5.10.11 Members who are not eligible

The following members are not eligible for part-time leave without pay.

  1. A member on Reserve service.

  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 in Service option C is not a member on Reserve service.

  3. A member under a flexible service determination.

    Note: A member on a flexible service determination (days per fortnight pattern of service) is deemed to be on part-time leave without pay by section 2.1A.3.

  4. See: Chapter 1 Part 3 Division 1
    Section 1.3.15, Continuous full-time service
    Section 1.3.67, Reserve service

5.10.12 Period of leave

The CDF may not grant part-time leave without pay under section 5.10.10 to a member for any of the following periods.

  1. 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.

  2. Less than three months.

  3. 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.

  4. 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.

Persons who can make the decision under paragraph 5.10.12.a on behalf of the CDF:
Head Navy People and Resources
Director General Navy People
Director Navy People Career Management Agency
Deputy Director Navy People Career Management Agency at the rank of CMDR
Director General Career Management – Army
Director Soldier Career Management – Army
Staff Officer Grade 1 (Directorate of Soldier Career Management – Army)
Director Officer Career Management – Army
Staff Officer Grade 1 (Directorate of Officer Career Management – Army)
Director General Personnel – Air Force
Director Personnel – Air Force
Chief of Staff Director General Personnel – Air Force
Deputy Director Selection, Enlistment, Appointment and Transition (Air Force)
Deputy Director Under Training Workforce (Air Force)
Deputy Director Flexible Employment and Remuneration (Air Force)
SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force
Executive Officer Director Personnel – Air Force

5.10.13 Conditions of leave

  1. A grant of leave must be in writing. It must state both the following.

    1. The dates when the period of leave is to begin and end.

    2. The days or parts of days when leave is granted in each pay period.

  2. 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.

  3. A period of part-time leave without pay does not break continuity of service.

  4. Subsection 5 applies to a member who meets both the following conditions.

    1. The member is granted part-time leave without pay under paragraph 5.10.10.1.b.

    2. The member is performing duty in relation to a posting in Australia.

  5. The member is not eligible for any overseas conditions of service they would otherwise get under Chapters 13, 14, 15 and 16 if they perform their duty at an overseas location. However, they may be eligible for benefits as a dependant of a member posted to the overseas location.

5.10.14 Change to the leave period granted

  1. The CDF may take either or both of the following actions in relation to a member's part-time leave without pay arrangement.

    1. Vary the period of the part-time leave without pay arrangement, or the pattern of leave granted.

    2. Revoke the period, or part of the period of part-time leave without pay.

  2. Before making a decision under subsection 1, CDF must consider the relevant of the following circumstances, if any.

    1. Whether the member has stopped serving in Australia for the purposes of paragraph 5.10.10.1.a.

    2. Whether a significant change occurs in the circumstances that the CDF relied on to grant the leave to the member.

    3. The end of the posting to which the grant of leave applies.

    4. Any application by the member to have the grant of leave varied or revoked.

    5. The member's interest and views.

    6. Any other factor relevant to the circumstance in which the leave was granted.

  3. The member must be notified of the change.

    Example: A member is due to go on a period of maternity leave in one week, and seeks to have the part-time leave without pay revoked. The request is refused as there is no operational reason for the member to return to duty full-time immediately before the maternity leave.

Persons who can make the decisions under paragraph 5.10.14.1.a and paragraph 5.10.14.1.b on behalf of the CDF:
Head Navy People and Resources
Director General Navy People
Director Navy People Career Management Agency
Deputy Director Navy People Career Management Agency at the rank of CMDR
Director General Career Management – Army
Director Soldier Career Management – Army
Staff Officer Grade 1 (Directorate of Soldier Career Management Agency)
Director Officer Career Management – Army
Staff Officer Grade 1 (Directorate of Officer Career Management – Army)
Director General Personnel – Air Force
Director Personnel – Air Force
Chief of Staff Director General Personnel – Air Force
Deputy Director Selection, Enlistment, Appointment and Transition (Air Force)
Deputy Director Under Training Workforce (Air Force)
Deputy Director Flexible Employment and Remuneration (Air Force)
SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force
Executive Officer Director Personnel – Air Force

5.10.15 Effect on remuneration and conditions of service

  1. A member on part-time leave without pay may be eligible for salary and allowances for the periods of duty in a part-time leave without pay arrangement. The periods away from duty (the actual part-time leave without pay) are not paid.

  2. A member's salary and allowances are reduced on a pro rata basis, as set out in section 3.2.7, for the member's period of part-time leave without pay.

  3. A member on part-time leave without pay will have their liability to pay a contribution increased on a pro rata basis, as set out in section 3.2.8, for the member's period of part- time leave without pay.

  4. This table points to further information on the effects of part-time leave without pay on remuneration and other conditions of service.

    Effect references
    Item Remuneration or Benefit See
    1. Salary Chapter 3 Part 2 Division 1 section 3.2.7
    2. Allowances Chapter 3 Part 2 Division 1 section 3.2.7
    3. Contributions Chapter 3 Part 2 Division 1 section 3.2.8
    4. Increment advancement Chapter 3 Part 2 Division 3 section 3.2.30
    5. Bonuses and service obligations Chapter 3 Part 5 section 3.5.6
    6. Recreation leave Part 4 Division 2 section 5.4.8
    7. Additional leave for training Part 4 Division 6 section 5.4.28
    8. Maternity leave Part 6 Division 4 section 5.6.33
    9. Housing Chapter 7 Part 4 Division 4 section 7.4.26
    Chapter 7 Part 6 Division 8 section 7.6.51
    Chapter 7 Part 8 Division 4 section 7.8.19

5.10.16 Working out pro rata variations

A benefit 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 the following formula.

((Number of days' PTLWOP – 4) ÷ 10) x 100

In this formula 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.

Note: The amount cannot be reduced below zero.

5.10.16A How to apply for part-time leave without pay

A member applying for part-time leave without pay must read Chapter 6, Flexible work arrangements for members of the Australian Defence Force, of the Military Personnel Policy Manual.

See: Form AE406, ADF application for flexible work

Application to Reservists: No.



Forms

Copies of forms are available on the webforms system or through the Defence Service Centre.

  • AE406, ADF application for flexible work

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