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HR Services> Industrial Relations> Information Papers> Defence Forces Leave

Defence Forces Leave

INFORMATION PAPER

Approving Authority:
Director, Human Resources
Date of Approval:
November 2005
Last Amended:
December 2006
Contact Officer:
Industrial Relations Advisory Unit

Background
 
The Employer Support Payment (ESP) Scheme was introduced in June 2001 to provide financial assistance to employers, in order to compensate for costs and any potential losses which are attributable to the absence of an employee who is performing defence service.
 
What employers can claim
 
Under the ESP Scheme, employers are able to claim for a payment (which is subject to taxation) equivalent to the average weekly full-time adult ordinary-time earnings (currently $991.20 per week).
Eligibility for payments under the ESP Scheme will depend on the following criteria being met:
  • Employees must be released on ‘defence forces leave’ or leave without pay and must not be made to use their own leave arrangements (e.g.: annual leave).
  • Payment is made for periods in excess of 5 continuous days of defence service, and is subject to the employee having previously completed 14 days defence service (in a single period or blocks of 5 consecutive days or longer) in the relevant financial year.
ESP can be paid for a maximum of 78 weeks for a single period of continuous service.
 
ESP is payable for full-time and part-time employees (paid on a pro rata basis for P/T employees).
 
Procedures
 
Where a leave form for Defence Forces Leave in excess of 5 continuous days is submitted to Human Resources, a claim form will be forwarded to the Head of the relevant work unit for completion. The form can also be downloaded from: http://www.defence.gov.au/reserves/docs/ad138-1.pdf
 
Claim forms must be completed by the Head of the relevant work unit and submitted to the Department of Defence within 6 months of the first day of service for which the claims are made. Claims submitted outside of this period require special justification.
 
Payments arising from eligible claims will be paid into the budget of the work unit.
 
Defence Forces Leave entitlement @ UNSW
 
The ESP Scheme does not create an additional employee entitlement to Defence Forces Leave.

Clause 41.0 of the UNSW (General Staff) Enterprise Agreement 2006  and clause 37.0 of the UNSW (Academic Staff) Enterprise Agreement 2006  discuss staff entitlement to defence forces leave.