무급휴가는 최대 3개월 가능함

누적한 기간임에 유의

한번에 3개월씩 예를들어 수차례 가능한 것이 아님.

Leave without pay (LWOP)

TSS visa holders on unpaid leave (e.g.: study or sabbatical leave; recreational or holiday leave without pay; sick leave without pay; maternity and/or paternity leave and/or parental/carer/personal leave), are not considered to be in breach of condition 8607 solely on the basis of this unpaid leave. This is because these visa holders may be considered to continue to be in the employ of the sponsor (although not working or receiving a salary).

Under policy, this period should not, however, generally exceed 3 months unless:

• the sponsor is obliged to provide the leave under Australian workplace laws (e.g. in connection with maternity leave); or
• exceptional circumstances apply.

This is because extended LWOP would not be consistent with:

• full-time position requirements at nomination stage and ongoing market salary rate requirements;
• requirements that TSS primary visa holders cannot cease work for their approved employer for more than 60 consecutive days; and
• how LWOP provisions operate in the context of sponsorship obligations, see: Sponsorship compliance framework: Sponsorship obligations.

For any LWOP it is expected that,

• the arrangement is mutually agreed upon by the sponsor and sponsored person; and
• there is a formal application for leave without pay that has been formally approved by the employer (including leave applications that are processed and approved electronically).

Where extended LWOP occurs, it should be noted that a TSS visa holder’s visa may be subject to cancellation under paragraph 2.43(1)(kc) of the Regulations, if a delegate is satisfied that the visa holder has ceased to have a genuine intention to perform that occupation. For policy and procedure, refer to General visa cancellation powers – (s109, s116, s128, s134B and s140).

Note:

• Where officers believe there are exceptional circumstances which justify a longer period of LWOP,
  they should discuss with TSSmanagement@homeaffairs.gov.au who will consider and discuss with the ABF, as this may have implications in terms of the employer’s ability to comply with their obligations.
• Officers who answer enquiries from a TSS visa holder or sponsor about unpaid leave are to record these details in departmental systems.
  • The record must be sufficiently comprehensive to enable officers undertaking monitoring/compliance action to make a visa cancellation assessment, if required.
  • It must include the name and position details of the TSS visa holder, any information about the proposed period of absence and all responses provided to the queries raised.
  • Sponsors should be counselled that their sponsorship obligations remain in force while a TSS visa holder is on unpaid leave

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