I work in Community Health in the Public Sector. My Nurse Unit Manager has told me I am not entitled to have pro rata annual leave paid out to me if I resign from my RN position as I have not been employed for a full 12 months. Is this correct?
No. Clause 30(xi)(c) of the Public Health System Nurses’ and Midwives’ (State) Award provides that on termination of employment, employees are to be paid for untaken annual leave due together with payment for any leave in respect of an uncompleted year of employment calculated in accordance with the Award. This entitlement is also set out in PD2024_046 Leave Matters for the NSW Health Service provides at section 2.3.
It should be noted however that this will not apply to an employee who elects to transfer his or her leave entitlement to another Public Sector employer in accordance with NSW Health Policy Directive PD2024_046 Leave Matters for the NSW Health Service, as amended from time to time.
You should direct your manager’s attention to these references and contact the Association if the matter remains unresolved.
You can contact the NSWNMA at gensec@nswnma.asn.au.
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