Leave

Sick Leave

Personal leave includes sick leave and carers leave and for both you have an option of ‘with cert’ and ‘without cert’. Staff can access up to 5 days a year of sick leave (or carers leave) as ‘without cert’. ‘Without cert’ leave taken beyond those five days will be unpaid leave. Personal leave accrues at the end of each year so that unused leave is available to take in later years. ‘with cert’ and ‘without cert’ leave are taken from the same balance and the use of both will lead to reduced balance for personal leave.

The process for applying for sick leave is outlined here.

Staff who miss significant periods of work will have their duties covered in full by the school. Procedures will be put in place to (1) alleviate the pressure on staff who are suffering from ill health and facilitate their return to work, and (2) to minimise the disruption to students’ learning outcomes. In this case, ‘significant’ is defined as accruing more than one full week off work in any 3-week period, and ‘duties’ include all marking, planning, and other tasks not directly related to the individual staff member (e.g. PDP goals).

Staff need to follow the guidelines of best practice and have their leave and, if required, medical certificate uploaded to EduPay within 5 days of returning to work.  Staff who do not enter their leave in the required time given, will have this entered by the administration officer as one of the following: sick leave no cert paid or sick leave with cert no credits.  Please be aware this may cause an underpayment in your wage if not entered in the correct pay calculation fortnight and DET will recover this immediately from your next pay.

Other forms of leave

Other leave that staff have access to include Long Service Leave (LSL), and Leave Without Pay (LWOP). For these types of leave, application must be made to the college to minimise disruptions to college operations. ES Staff also have access to Annual Leave.

Applications for Leave:

Applications for leave must be in writing in the form of a letter or on the official College Application Form available from the Director of Operations and Resources. Additional information can be appended to the application form where appropriate.

Applications for leave should be forwarded to the Principal.

Applications should include:

·         Reasons for leave.

·         Dates of Leave (specify the exact dates when the leave is requested).

·         Type of Leave required.

·         Calculation of the staff member’s LSL entitlement attached to the application. LSL quotation report is available from the Director of Operations and Resources.

Important points to consider when applying for leave

·         LSL & LWOP applications must be considered carefully, as extension requests or early returns are not likely to be granted.

·         Any leave approved by the Principal applies whilst the applicant is located at this College. Staff who transfer to or are promoted to other work places before taking leave would need to reapply for the leave through the Principal or workplace Manager of their new location.

·         Applicants who wish to withdraw or change their leave, must give at least one term’s notice and there is no guarantee that such a request will be agreed to.

·         Where any period of leave is taken that involves both paid and unpaid leave, paid leave must be taken first.

·         Applicants considering taking leave are advised to discuss the matter with the Principal and/or the Director of Operations and Resources before making application.

·         Booking of accommodation, travel arrangements etc. (before approval of leave) will not be a consideration in granting or not granting a leave application.

·         LWOP does not count as service. Applicants who are members of superannuation funds are advised to contact either ESSSuper or VicSuper to seek advice concerning superannuation payments while on leave.

Early Returning from Leave

To resume duty early from any form of leave, an applicant must seek approval first from the Principal. Approval of early resumption is dependent upon suitable staffing arrangements being made to accommodate the return to duty.

Returning From Leave

A ‘Resumption of Leave Notice’ must be completed by the applicant on return from LSL or LWOP before pay can recommence. The forms are available from the Director of Operations and Resources.

HC Leave policy

1                Long Service Leave (LSL)

1.1           Applications from teaching staff will be required by the end of Term III in the year before leave is required.  In the case of educational support staff applications must be made at least one full term before leave is required.

1.2           Late applications will only be considered if they are based on compelling compassionate grounds or if inadequate warning is provided to applicants about the deadline for leave applications.

1.3           It is preferred that applicants take LSL for a duration of greater than 31 working days, more preferably whole terms.

1.4           However leave greater than one term and less than 31 working days may be granted, if the College considers that it would clearly be in credit in the SRP at the time of the leave and that the constraints listed in this document are not relevant to that leave application.

1.5           Whilst no minimum period of LSL applies, leave should not normally be granted for periods of less than one calendar week.

1.6           Applications for leave that are based on compassionate grounds will be considered by the Principal and will be done so on a case by case basis.

1.7           LSL can only be approved on the basis of the entitlement of the staff member and in the context of the needs of the college and especially in regards to the availability of fixed term employees to replace staff when leave is granted.

1.8           In the event that not all applications for leave can be granted, the following criteria will be applied in order to determine whose application for leave will be successful:

1.8.1  Compelling compassionate grounds.

1.8.2  A previous unsuccessful application for leave.

1.8.3  Length of service since a previous leave application was successful.

1.8.4  Frequency of leave.

1.8.5  Length of previous leave.

1.9           By way of further explanation to 1.7 above in reference to the needs of the College it is expected that where leave is granted to a member of the teaching staff then that applicant will:

1.9.1  Not be teaching Year 12 classes in the year of leave unless the committee determines that there are no other members of staff available to teach those units.

1.9.2  Not have any other significant planned absences from their classes of five consecutive school days or more.

1.9.3  Not normally hold a responsibility position involving a special payment if leave is of more than one term’s duration.

1.9.4  Have their allotment constructed in such a way that it makes replacement as likely as possible.

2                Leave Without Pay (LWOP)

2.1          LWOP will normally be granted for a maximum of one year and a minimum of one term (unless a greater period is required to bring the return date to the start of new term). LWOP will not be considered beyond two years except in exceptional circumstances.

2.2           LWOP can be granted for a range of activities including instances where no paid leave entitlement exists, for family reasons, to undertake employment, voluntary work, study, sport or development of personal interests.

2.3           Clauses 1.1 to 1.9 above also apply to applications for LWOP unless compelling compassionate reasons apply.

3                Leave Decisions

3.1           The Director of Operations and Resources will provide the Consultative Committee with appropriate information about leave eligibility of applicants after checking through DEECD computerised records.

3.2           All applications will be considered in the first instance by the Principal with a leave panel formed of no less than three staff members, this includes a representative from the consultative committee.

3.3           The Principal and the leave panel will look at applications to review the following information:

3.3.1         the type of Leave

3.3.2         the reasons for the Leave

3.3.3         the length and timing of Leave

3.3.4         the issue of Curriculum imbalance

3.3.5         the possibility of the College having a deficit in their SRP

3.3.6         the continuity of tuition for students

3.3.7         the availability of replacement teachers

3.3.8         the funding of replacement teachers

3.3.9         the need to advertise certain vacancies on Recruitment Online for leave greater than 6 months for teachers and Education Support Staff with this possibly creating an excess when the applicant on leave eventually returns to duty

3.3.10     the impact of the applicant’s absence on the College’s educational programs, particularly in the areas of priority curriculum, including senior classes (Years 11 & 12)

3.3.11     the applicant’s history, particularly with previous leave, amount of previous leave and recent leave granted

3.3.12     the extent of the applicant’s entitlement compared to other applicants, especially from the same Domain area and/or from teachers of the same group of students.

3.3.13   give priority for leave to applicants from similar domain areas whose leave dates “back up” so that one replacement teacher can be employed over an extended time   

3.4           The recommendations of the leave panel will be considered by the Principal for decision. Notwithstanding such advice, it is recognised that the Principal has the final decision. In considering leave applications the Principal will:

3.4.1          Not allocate any advance on an initial period of leave unless there are compelling or extenuating grounds which are approved at the discretion of the Principal.

3.5           Notification of the success of leave applications will normally be provided as soon as possible before the end of Term IV for teaching staff, within 3 weeks for educational support staff and as quickly as possible where compassionate grounds apply. Notification will be in writing.

3.6           If the leave application is not approved the Principal will provide the applicant, in writing, with the reasons for the decision.

3.7           If the applicant is unhappy with the decision the matter should firstly be discussed with the Principal.

3.8           Thus, in some instances, it will be necessary where long service leave is not granted, arrangements should be made with the applicant to enable leave to be taken at an alternative date in the future.

3.9           If an applicant is aggrieved by the results of this process they are entitled to appeal to the Merit Protection Board.

4                Apply for Annual Leave / ES

4.1           A full-time employee is entitled to 152 hours (20 days) annual leave in respect of each calendar year. Part-time employees receive annual leave entitlements on a pro rata basis calculated according to the time fraction worked.

4.2           Annual leave accrues at the rate of 1/12 of the annual entitlement for each completed month of employment.

4.3           Service for annual leave accrual purposes includes all periods of: Duty; Paid leave; and, Leave without pay not exceeding one month in any calendar year.

4.4           Employees are expected to take annual leave during school vacation periods unless otherwise approved by the Principal. Public holidays that fall during a period of annual leave are not regarded as part of that leave.

4.5           An education support class employee who becomes ill or is injured during annual leave may be granted personal leave.

4.6           Teaching staff have approximately 30 days during the student vacation period that are not considered Annual Leave and are not Public Holidays.

5         Additional paid leave - education support class

5.1           A full-time education support class employee is entitled to 228 hours (30 days) additional paid leave in respect of each calendar year. Part-time employees receive additional paid leave entitlements on a pro rata basis calculated according to the time fraction worked.

5.2           Additional paid leave accrues at the rate of 1/12 of the annual entitlement for each completed month of employment.

5.3           Service for additional paid leave accrual purposes includes all periods of: Duty; Paid leave; and, Leave without pay not exceeding one month in any calendar year.

5.4           Education support class employees are expected to use additional paid leave during school vacation periods unless otherwise approved. Public holidays that fall during a period of additional paid leave are not regarded as part of that leave.

5.5           During a period of additional paid leave, an education support class employee who becomes ill or is injured may be granted personal leave (see Personal Leave information on the DET website).

5.6           An education support class employee who is required, or agrees, to attend for duty and/or professional development during the period of additional paid leave will be paid the leave purchase allowance and his or her additional paid leave will be reduced accordingly.

5.7           Education support class employees, except those in receipt of a fortnightly leave purchase allowance, will have annual or additional paid leave automatically entered on eduPay during school vacation periods. An education support class employee in receipt of a fortnightly leave purchase allowance will not have annual or additional paid leave automatically entered on eduPay during school vacation periods. These employees will need to submit applications for leave through Employee Self Service (ESS) on eduPay.

6         Leave Purchase Allowance (Education Support Class)

6.1           An education support class employee who is required, or agrees, to attend for duty during some or all of the additional paid leave period will be paid a leave purchase allowance of 72.47% of his or her normal hourly rate in addition to his or her normal rate of pay. The employee’s additional paid leave entitlement will be reduced by the amount of leave purchased. The maximum amount of leave that may be purchased in any year is 30 days (228 hours).

6.2           The leave purchase allowance would normally be paid on a fortnightly basis when attendance requirements are regular and known in advance. The leave purchase allowance would normally be paid as a lump sum when attendance is expected to be six days or less in any one year or is likely to be intermittent. The leave purchase allowance can be paid as a lump sum in any other circumstances where agreed between the principal and the employee.

6.3           Where an employee is paid the leave purchase allowance on a fortnightly basis, the allowance will continue to be paid during the employee’s absence on paid leave provided the employee would have continued to receive the allowance but for his or her absence on paid leave.

6.4           An education support class employee who was employed at 52/52, 51/52, 50/52 or 49/52 immediately prior to translation to the new education support class structure on 6 October 2013 will maintain the attendance requirements that applied to him or her immediately prior to that date. The employee will be paid the leave purchase allowance to reflect their attendance requirements which can only be changed by agreement between the principal and the employee. These 52/52 staff will use the attached form to apply.

Information about additional paid leave and about the attendance provisions for education support class employees is available on the Annual Leave page and on the Attendance and Working Hours page on HRWeb.