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Division 3: Part-time leave without pay for members overseas

5.10.17 Purpose

Part-time leave without pay may be made available to members overseas.

Related Information: See Division 2, for equivalent conditions for members in Australia.

5.10.17A 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.

5.10.18 Decision maker

In this Division, a decision maker means any of the following.

  1. CDF.

  2. Director General Navy Personnel.

  3. Director General Personnel – Army.

  4. Director General Personnel – Air Force.

5.10.19 Members who are eligible

  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.

    1. The member has applied for part-time leave without pay.

    2. The member has completed a period of continuous full-time service made up of any of the following.

      1. Initial recruit training and any relevant specialist training.

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

      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.

  2. For subparagraph 1.b.ii, the decision maker must consider all these 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 overseas 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 5.10.19.3 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 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

5.10.20 Members who are not eligible

  1. A member is not eligible to apply for part-time leave without pay for any period in which they will be overseas and in any of the following circumstances.

    1. Deployed overseas on a war-like or non-warlike deployment.

    2. Performing overseas representational duties.

    3. Participating in an overseas exchange program.

    4. On secondment.

    5. Performing Reserve service, other than continuous full-time service.

      Note: In the total workforce model, Reserve service that is not continuous full-time service may be described as service in Service category 3, 4 or 5 but not also on Service option C.

      See: Chapter 1 Part 3 Division 1 section 1.3.67, Reserve service

  2. If a member is on part-time leave without pay and any of the circumstances in subsection 1 begin to apply to them, then the part-time leave without pay is revoked from that time.

5.10.21 Period of leave

  1. The decision maker may not grant part-time leave without pay under section 5.10.19 to a member for any of these periods.

    1. 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.

    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.

  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.

5.10.22 Conditions of leave

  1. A grant of leave must be in writing. It must state both these matters.

    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. The decision maker may end a member's period of leave in any of these circumstances.

    1. The member returns to Australia.

    2. 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.

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

  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.

  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.

5.10.23 Other conditions of service that apply

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 subsection, a member who is not pregnant cannot be granted maternity leave.

Conditions of service payable
Item Name Reference Notes
1. Any condition of service the member qualifies for in Chapters 1 to 11.
Exceptions: Chapter 7, ADF Housing and meals
  1. Chapters 1 to 6
  2. Chapters 8 to 11
The following sections describe how these conditions are modified for members on part- time leave without pay.
  1. Section 5.10.24, Effect on allowances and contributions
  2. Section 5.10.25, Effect on other forms of leave
  3. Section 5.10.26, Effect on salary increments
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.
3. Travel on evacuation Chapter 14 Part 4 Division 3 section 14.4.5Exception: Subsection 14.4.5.3. The member is only entitled to travel on evacuation. The member is not eligible for travel at the beginning and end of the member's period of duty overseas.
4. Conditions on evacuation from post Chapter 14 Part 6 Division 1
  1. sections 14.6.3 to 14.6.7
  2. Section 14.6.12
  3. Sections 14.6.15 and 14.6.16
5. Public holidays Chapter 15 Part 1 section 15.1.4
6. Travel for short-term duty while on long-term posting Chapter 15 Part 3 Division 1
7. Vehicle allowances Chapter 15 Part 3 Division 4
8. Benefit – funeral costs Chapter 15 Part 9 section 15.9.3

5.10.24 Effect on allowances and contributions

  1. Section 5.10.23 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: Section 5.10.23, Other conditions of service that apply

  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 section 5.10.23.

    Allowances and contributions payable
    Item If the member is eligible for... or must pay... then their benefit or liability while on part-time leave without pay is...
    1. uniform allowance
    reduced on a pro rata basis.
    2. retention allowance
    reduced on a pro rata basis.
    3. any other allowance any other contribution as if they were not on part-time leave without pay.

5.10.25 Effect on other forms of leave

  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:
    Part 4, Recreation leave
    Part 4 Division 3, Additional recreation leave.

    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.

  2. This subsection applies to a member who is granted a period of maternity leave, if they meet both the following conditions.

    1. They were on part-time leave without pay at the time they were granted maternity leave.

    2. The member's grant of part-time leave without pay would have continued if they did not take the maternity leave.

  3. If subsection 2 applies:

    1. 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 eligible to under Part 6.

    2. 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.

5.10.26 Effect on salary increments

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 paragraph 3.2.30.1.c on a pro rata basis.

See: Chapter 3 Part 2 Division 3 section 3.2.30, Increment advancement

Note: For the salary of a member on part-time leave without pay, see Chapter 3 Part 2 section 3.2.7, Calculating and pro rating salary and allowances

5.10.27 Effect on time for bonuses and service obligations

  1. This subsection applies to a member who meets both these conditions.

    1. 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

    2. They have been granted a period of part-time leave without pay.

  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 section 5.10.28.

5.10.28 Working out pro rata variations

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.

Pro rata calculation
Step Action
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.
2. Subtract 4 days from the figure in Step 1.
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.

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.

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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