79Leave of absence after years of
service
(1)
Subject to this section, an officer of the
Teaching Service is entitled—
(a)
after service for 10 years, to leave for 2 months
on full pay or 4 months on half pay, and
(b)
after service in excess of 10 years,
to—
(i)
leave pursuant to paragraph (a),
and
(ii)
in addition, an amount of leave proportionate to
the officer’s length of service after 10 years, calculated on the basis
of 5 months on full pay, or 10 months on half pay, for 10 years served after
service for 10 years.
(2)
For the purpose of calculating the entitlement of
a person to extended leave under this section at any time—
(a)
service referred to in this section includes
service before the appointed day,
(b)
there shall be deducted from the amount of
extended leave to which, but for this paragraph, that person would be
entitled—
(i)
any extended leave, or leave in the nature of
extended leave, and
(ii)
the equivalent, in extended leave, of any benefit
instead of extended leave or leave in the nature of extended
leave,
taken or received by that person before that time,
including any such leave taken, or benefit received, by that person pursuant
to the Public Service (Amendment) Act 1919, as
in force at any time, the Teaching Service Act
1970, as in force at any time, or the Public Service Act
1979, and
(c)
the provisions of Schedule 2 to the Government Sector Employment Regulation
2014 shall have effect,
but nothing in this subsection shall be construed as
authorising, in respect of the same period of leave taken or the same benefit
received, a deduction under both paragraph (b) and clause 7 of Schedule 2 to
the Government Sector Employment
Regulation 2014.
(3)
Where the services of an officer of the Teaching
Service with at least 5 years’ service and less than 10 years’
service are terminated by the Crown or the Secretary for any reason other than
the officer’s serious and wilful misconduct or by the officer on account
of illness, incapacity or domestic or other pressing necessity, the officer
shall be entitled for 5 years’ service to 1 month’s leave on full
pay and for service after 5 years to a proportionate amount of leave on full
pay calculated on the basis of 3 months’ leave for 15 years’
service.
(4)
An officer is not entitled to any such leave if
the officer’s employment is terminated by operation of Part
4B.
(5)
For the purposes of—
(a)
subsection (1), service
includes—
(i)
service under the Public Service Act
1902, the Teaching Service Act
1970, the Public Service Act
1979, or this Act,
(ii)
any period of leave without pay taken before the
commencement of the Public Service and Other Statutory Bodies (Extended Leave)
Amendment Act 1963, and
(iii)
in the case of an officer who has completed at
least 10 years’ service (any period of leave without pay taken before
that commencement being included therein, and any period of leave without pay
taken after that commencement being excluded therefrom)—any period of
leave without pay, not exceeding 6 months, taken after that commencement,
and
(b)
subsection (3), service does not
include any period of leave without pay whether taken before or after the
commencement of the Public Service and Other Statutory Bodies (Extended Leave)
Amendment Act 1963.
s 79: Am 1996 No 121,
Sch 4.58 [2]; 2001 No 26, Sch 4 [1]–[3]; 2004 No 114, Sch 1 [19] [38];
2005 No 85, Sch 2.8 [1] [2]; 2006 No 24, Sch 2.1 [1]; 2017 No 22, Sch 4.46
[2].
81Payment of money value of leave not taken or
completed
(1)
Where an officer of the Teaching Service has
acquired a right under section 79 to extended leave with pay and dies before
entering upon it, or after entering upon it dies before its
termination—
(a)
the spouse of the officer,
(b)
if there is no such spouse, the children of the
officer, or
(c)
if there is no such spouse or children, the
person who, in the opinion of the Secretary, was, at the time of the death of
the officer, a dependent relative of the officer,
is entitled to receive the money value of the leave not
taken, or not completed, computed at the rate of salary that the officer
received at the time of his or her death less any amount paid to the officer
in respect of the leave not taken, or not completed.
(2)
Where an officer of the Teaching Service with at
least 5 years’ service and less than 10 years’ service as referred
to in section 79 (3) dies—
(a)
the spouse of the officer,
(b)
if there is no such spouse, the children of the
officer, or
(c)
if there is no such spouse or children, the
person who, in the opinion of the Secretary, was, at the time of the death of
the officer, a dependent relative of the officer,
is entitled to receive the money value of the leave
which would have accrued to the officer had his or her services terminated as
referred to in section 79 (3), computed at the rate of salary that the officer
received at the time of his or her death.
(3)
Where there is a guardian of any children
entitled under subsection (1) or (2), the payment to which those children are
entitled may be made to that guardian for their maintenance, education and
advancement.
(4)
Where there is no person entitled under
subsection (1) or (2) to receive the money value of any leave not taken or not
completed by an officer or which would have accrued to an officer, payment in
respect thereof shall be made to the personal representatives of the
officer.
(4A)
If it appears to the Secretary that more than one
person is entitled as a spouse to payment of the money value of leave under
this section, the Secretary must pay the amount to the deceased
officer’s personal representatives.
(5)
Any payment under this section shall be in
addition to any payment under the Superannuation Act
1916.
(6)
Where payment of the money value of leave has
been made under this Act, no proceedings may be brought against the Crown or
the Secretary for payment of any amount in respect of that
leave.
(7)
In this section, spouse of an officer includes a
de facto partner of the officer at the time of his or her
death.
Note—
“De facto partner” is defined in
section 21C of the Interpretation Act
1987.
s 81: Am 2001 No 26,
Sch 4 [4]; 2002 No 73, Sch 1.25 [1]–[3]; 2004 No 114, Sch 1 [19] [38]
[45]; 2010 No 19, Sch 3.112.