PART 2 – GENERAL CONDITIONS OF SERVICE
7. ANNUAL LEAVE, SCHOOL HOLIDAY PAY & LEAVE LOADING
7.1 Annual leave
7.1.1 An Education Officer, Senior Education Officer, Catholic Education Office Clerical and Administrative Employee or Category A Placed Teacher is entitled to four weeks paid annual leave, exclusive of public holidays, per year of service determined in accordance with clause 23 - Service Continuity. Annual leave will accrue weekly and may be taken at a mutually agreed time. If the parties cannot agree on a time to take leave, the Employee may be directed to take leave in accordance with the terms of the WR Act
7.1.2 A Category A School Officer, and a Category A or D Schools Services Officer is entitled to four weeks paid annual leave per year of service determined in accordance with Clause 23 – Service Continuity. Annual leave will accrue weekly and may be taken, unless otherwise agreed, during the school holidays.
7.1.3 An Employee with an entitlement pursuant to 7.1.1 or 7.1.2 of this Agreement may elect, with the consent of the Employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them.
7.1.4 A Category A School Officer, a Category A or D Schools Services Officer Education Officer, Senior Education Officer, Catholic Education Office Clerical and Administrative Employee or Category A Placed Teacher who suffers personal ill health or accident, covered by clause 14.5.3, whilst on annual leave is entitled to have an equivalent period of Annual Leave re-credited and the same period of accrued sick leave deducted provided that:
7.1.4(a) the period of illness is not less than 5 days; and
7.1.4(b) the Employee provides a medical certificate as soon as practicable.
7.1.5 Accrued Leave
7.1.5(a) To assist Employees in balancing their work and family responsibilities, an Employee with an entitlement to four weeks annual leave may elect to accrue and carry forward any amount of annual leave for a period of two years from the date of entitlement.
7.1.5(b) If an Employee carries over leave and the two year carry-over period ends, an Employer may with the provision of reasonable notice, direct the Employee to take leave in accordance with the terms of the WR Act.
7.1.6 With the consent of the Employer, annual leave may be:
7.1.6(a) taken in two or more separate periods; and/or
7.1.6(b) taken in advance,
provided that where a workplace is closed, the Employee may choose to take the period of closure as either leave without pay or annual leave in advance.
7.1.7 Where the Employee requests payment in advance for the period of the annual leave, payment shall be made in advance, provided that at least four weeks notice is given to the Employer.
7.2 Pro rata payment in lieu of accrued annual leave
7.2.1 A Category A School Officer, a Category A or D School Services Officer, Education Officer, Senior Education Officer, Catholic Education Office clerical and administrative employee or Category A Placed Teacher is entitled to a pro-rata payment of accrued annual leave on termination of employment.
7.2.2 A pro-rata entitlement to annual leave for the current year of employment shall be calculated on the following basis:
Number of weeks worked X 4 x employees weekly rate of pay
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from which result shall be deducted any amount of already paid for annual leave for that year.
7.2.3 In addition to any payment calculated in clause 7.2.2 any other accrued annual leave for pervious years shall be paid out as well.
7.3 School holiday pay
7.3.1 Subject to clause 7.4, a Primary School Principal, Deputy Principal, Teacher, Category B Placed Teacher, Curriculum Adviser, Category B School Officer and Category B School Services Officer is entitled to school holidays without deduction of pay. Such Employees will be deemed to have taken any entitlement to 4 weeks annual leave during their paid school holidays.
7.3.2 Subject to clause 7.4, a Category C School Officer and Category C School Services Officer is entitled to seven weeks of the school holidays without deduction of pay and will be deemed to have taken any entitlement to 4 weeks annual leave during this period.
7.4 Pro-rata school holiday pay
7.4.1 A Primary School Principal, Deputy Principal, teacher, Category B School Officer, Category B School Services Officer, School Adviser, or Category B Placed Teacher has a pro-rata entitlement to school holidays without deduction of pay and will be deemed to have taken any entitlement to annual leave during this period and a Category C School Officer and a Category C School Services Officer has a pro-rata entitlement to seven weeks of the school holidays without deduction of pay and will be deemed to have taken any entitlement to annual leave during this period where:
7.4.1(a) an Employee is employed for less than the school year and/or
7.4.1(b) an Employee is absent on approved unpaid leave in excess of fifteen days during the school year,
provided that this provision shall not be applied where an Employee has moved from one Employer to another Employer during the school year without breaking continuity of service (as defined in clause 23 - Service Continuity).
7.4.2 Pro-rata school holiday pay shall be calculated on the following basis:
7.4.2(a) Primary School Principals, Deputy Principal, Teachers, Category B School Officers, Category B School Services Officers, Curriculum Adviser and Category B Placed Teachers.
Number of weeks worked x 10 x Employee's weekly rate of pay
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from which result shall be deducted the amount already paid for school term holidays.
7.4.2(b) Category C School Officers or Category C School Services Officer.
Number of weeks worked x 7 x Employee's weekly rate of pay
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from which result shall be deducted the amount already paid for school term holidays.
7.4.2(c) For the purposes of this clause a working week is any week in the school year, as defined, regardless of the number of working days in that week.
7.5 Variation of hours or nature of employment
7.5.1 Variation of hours of part-time employment
If during a year, the number of hours of a part-time Employee are changed, in accordance with clause 30.6 there shall be a proportionate adjustment to amounts payable under clauses 7.1, 7.3 and 7.6.
7.5.2 Variation of full-time/part-time employment
If during a year, an Employee changes from part-time to full-time or vice-versa, then at the time of such variation all entitlements under clauses 7.1, 7.3 and 7.6 shall be calculated and paid. At the request of the Employee, such payment may be withheld until either the time at which the Employee takes annual leave or school holidays, or his or her employment is terminated.
7.6 Leave loading
7.6.1 An Employee who has an entitlement to paid annual leave or school holiday pay in accordance with clauses 7.1.1, 7.1.2, 7.3.1 or 7.3.2, shall receive a loading of 17.5% on four weeks pay at the Employee’s weekly rate of pay.
7.6.2 The leave loading shall be paid no later than within the last two working weeks of the school year, or at the time of termination of employment as appropriate.
7.6.3 An Employee who has an entitlement to a pro-rata period of leave or pro-rata school holiday pay shall be entitled to a pro-rata leave loading calculated on the following basis:
7.6.3(a) Category A School Officers, Category A and D School Services Officers, Education Officers, Senior Education Officer, School Advisor, Catholic Education Office Clerical and Administrative Employee or Category A Placed Teacher.
number of weeks worked x 4 x 17.5% x Employee’s weekly rate of pay
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7.6.3(b) Primary School Principal, Deputy Principal, teacher, Category B School Officer, Category C School Services Officer or Category B Placed Teacher.
number of weeks worked x 4 x 17.5% x Employee’s weekly rate of pay
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7.6.3(c) Category C School Officer and Category C School Services Officer.
number of weeks worked x 4 x 17.5% x Employee’s weekly rate of pay
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7.7 Casual employees
A casual Employee shall not be entitled to paid annual leave or school holidays.
7.8 Category B School Officer and Category B School Services Officer recall
Notwithstanding clause 7.3.1 above, a Category B School Officer and Category B School Services Officer may be recalled to duty during school holiday periods up to a maximum of six days in each school year. Such days shall immediately follow the end of a term or immediately precede the beginning of a term except where there is agreement between the Employer and the Employee that the recall should occur at another time. The School Officer and Category B School Services Officer should be given as much notice of recall as possible but shall be given at least four working weeks notice of a recall, except in the case of an emergency where an Employer may not be able to give that notice and the Employee may not be able to comply with the recall. Part-time Employees are subject to the same recall on a pro rata basis.
7.9 Employees’ weekly rate of pay
The Employee’s weekly rate of pay for all purposes of this clause shall be the rate applicable to that Employee on 1 December of that year or at the date of termination of employment.
7.10 Cashing Out of Untaken Annual Leave
A Category A School Officer or School Services Officer may, with the Agreement of the Employer, cash out a period of untaken Annual leave. Such agreement shall be recorded on the employee’s personal record.
Victorian Independent Education Union, 120 Clarendon Street, Southbank 3006. Email vieu@vieu.org.au | Country members toll free 1800 622 889.
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