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Ministers' Office Handbook

Attachment H

Salary Maintenance for NSW Government Sector Employees

When a NSW Government sector employee returns to the home agency or is employed by another NSW Government sector agency, following a secondment to an Office Holder’s office, the employee’s salary reverts immediately to the employee’s substantive rate. The employee may however be entitled to salary maintenance for a period of three months in accordance with the following guidelines. These guidelines do not apply to DLOs who remain employees of their home agency while assigned to a Minister’s office.

The salary maintenance applies where:

  • the employee has been seconded temporarily to the Office Holder’s office; and
  • the employee has continuing employment with a NSW Government sector agency for the duration of the employee’s secondment to the Office Holder’s office; and
  • the employee has at least twelve months’ continuous service in Office Holders’ offices; and
  • the employee’s secondment to the Office Holder’s office is terminated for any reason (other than for reasons of misconduct and/or poor performance or at the employee’s own request or through the employee’s resignation); and
  • the employee’s final salary during the secondment to the Office Holder’s office was higher than the employee’s substantive salary with the home or other employing agency; and
  • the employee continues in NSW Government sector employment, either with the home or other employing agency, after the employee’s secondment to the Office Holder’s office is terminated (service may be regarded as continuous, for the purpose of salary maintenance, even though the employee may have taken a period of leave or break in service of up to 2 months commencing from the termination of the secondment and prior to returning to duty with the home agency or taking up duty with a new agency).

In these circumstances, the employee is entitled to salary maintenance for three months or until the date the employee resigns from NSW Government sector employment if this occurs during the three month period. In addition to the employee’s substantive salary, an allowance equal to the difference between the employee’s substantive salary and the final salary in the Office Holder’s office will be paid. The allowance will be paid from existing resources by the employing agency (the home agency or any other NSW Government sector agency which employs the person during the three month period) and will be absorbed into any salary increases resulting from promotions or salary increments for the employee during the three month period.

When the employee’s secondment to the Office Holder’s office is terminated, the home agency will be notified of:

  • the date of the employee’s return from the Office Holder’s office; and
  • the reason for the return; and
  • whether the employee is entitled to salary maintenance in accordance with these guidelines
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