Leave Policy - Leave V1.1

Leave Policy

Various parts of this policy require managers and staff to exercise discretion and as such,
the policy is not intended to be applied in a legalistic or prescriptive manner.

Purpose

As an employee of Sandridge School, staff members have access to various forms of leave in accordance
with the Award which relates to their employment and the Fair Work Act (2009). The aim of this policy is to
provide a framework which defines what is available to staff and how they may apply and access this
leave. The School reserves the right to vary this Policy (with notice) in respect of any benefits described
which are not lawful entitlements.

Application

This policy applies to all employees of Sandridge School.

Legislation & Policy
The Awards and legislation that underpin this policy are:

• The Educational Services Teachers Award 2010
• Fair Work Act 2009 (the “Act”) – Part 2 National Employment Standards (NES)
• Victorian Independent Schools Teachers Award (VISTA) (1998)
• Victorian Long Service Leave Act 1992 (‘L.S.L Act’)
• Victorian Long Service Leave (Amendment) Act 2005
• Long Service Leave (Preservation of Entitlements) Act 2006

Types of Leave
• 1) Annual Leave
• 2) Personal / Carer’s Leave (previously known as sick leave)
• 3) Parental Leave
• 4) Long Service Leave Policy
• 5) Compassionate Leave
• 6) Community Service Leave
• 7) Leave Without Pay
• 8) Other Leave

Further information
Further information and fact sheets can be downloaded from the website of the Fair Work Ombudsman:
http://www.fairwork.gov.au/employee- entitlements/national-employment-standards

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Leave Policy

ANNUAL LEAVE

Purpose

The intent of this policy is to inform Sandridge School employees of their entitlements and requirements
regarding Annual Leave.

Application

This policy applies to all full time and part time employees. Casual employees and contractors are not
entitled to paid Annual Leave. The policy references and requirements to management of annual leave
provisioned in the Teaching and Non-Teaching Award.

Principle

All full time and part time employees at Sandridge School are entitled to four weeks (for part time staff this
is on a pro-rata basis) paid Annual Leave per year of continuous service in accordance with the Fair Work
Act (2009), Part 2 NES (Division 6). Annual Leave accrues progressively during a year of service according
to the employee’s ordinary hours of work. Annual Leave does not accrue during periods of unpaid leave,
parental leave or (in some circumstances) during periods of notice (not worked) at the time of termination
of employment.

A calendar year at Sandridge School is comprised of Term Weeks and Non-Term Weeks (school holidays).

Annual Leave which is accrued by staff is included as part of the non-term weeks of each calendar year.

Teachers are not required to attend work during non-term weeks other than on designated Staff
Conference days, curriculum preparation days, training days for operational or professional reasons
relating to their Positions of Responsibility or as advised by their relevant Head of School or the School
Principal. Staff members are not required to submit a formal request for leave during the non-term weeks,
unless the nature of their role requires them to attend work or be available on call to attend to matters
regarding students during that time.

Leave Loading is paid to staff members at a rate of 17.5% on their four weeks annual leave. This leave
loading is paid on the last pay cycle before the end of the school year.

Application for Leave - Non-Teaching Staff

Applications for Annual Leave for non-teaching staff must be made in writing to the school Principal. For
operational purposes, approval of Annual Leave will take into consideration factors such as business
impact, coverage and other requests for Annual and other types of leave which have already been
approved for the same period.

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Leave Policy

It is preferred that non-academic staff members take periods of Annual Leave during non-term weeks,
except where it is requested for special reasons. Requests will not unreasonably be rejected, but the
priority of the School will be ensuring that continuity, resourcing and quality of services can be maintained
when approving a request.

Annual Leave Accrual

For non-academic staff, unused annual leave is cumulative (this means it rolls over from year to year). In
cases where non-academic staff purchase additional annual leave, this does not accrue and must be taken
during the calendar year.

It is the policy of the School that staff members will work cooperatively with the School to ensure that
annual leave balances are kept within reasonable limits. These discussions will take into account the future
plans of the staff member for taking extended leave, but for reasons of health and safety among other
reasons, annual leave is required to be taken on a regular basis.

The School may direct a staff member to take leave if they have accumulated six weeks or more of annual
leave. Where a staff member is directed to take annual leave, they will be provided with three months
written notice.

Responsibilities of Managers in Approving Requests for Leave

During peak times around Christmas, Easter and School holidays it may be appropriate for approval of
requests for Annual Leave to be granted on a fairness basis taking into consideration individual staff
members previous periods of Annual Leave and unique circumstances if applicable.

Staff with Leadership Responsibilities

It is expected that teaching staff who are members of the Senior Executive Team, will attend work during
non-term weeks in order to fulfil duties in accordance with the requirements of their position.

Applications for Annual Leave by such staff can be made via formal request to the school Principal.
Approval of Annual Leave will take into consideration factors such as business impact, coverage and other
requests for leave which have already been approved for the same period.

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Leave Policy

PERSONAL / CARER’S LEAVE (PREVIOUSLY KNOWN AS SICK LEAVE)

Purpose

This policy defines the nature of paid and unpaid leave for personal illness or injury, or to care or support a
member of the employee's immediate family or household. For the purposes of this policy, ‘immediate
family’ includes:

• A spouse (including a former spouse, a de facto partner and a former de facto partner) of the
employee. A de facto partner means a person who, although not legally married to the employee,
lives with the employee as a couple on a genuine domestic basis (irrespective of gender); or

• A child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent,
grandparent, grandchild or sibling of the employee or the employee’s spouse or de facto partner.

Application

Sandridge School staff are entitled to paid and unpaid leave in the case of personal illness or injury, or to
provide care or support to a member of the employee's immediate family or household who requires care
or support because of:

• a personal illness or injury; or
• an unexpected emergency.

Personal / Carer’s Leave is referred, by both the Teaching and Non-Teaching Awards, to the Fair Work Act
(2009), Part 2 NES (Division 7). It is the current policy of Sandridge School that permanent full time staff
members have an entitlement of 10 days (76 hours) paid personal / carer’s leave on full pay, accumulated
per annum. A pro-rata accrual of entitlements will apply to part time staff, following the NES entitlement of
10 days for full time staff members. Casual staff are entitled to take personal leave when they are unwell
or need to care for another person (as defined), but are not eligible to receive payment.

Principle

Personal Leave (previously known as sick leave)
Paid Personal Leave is available to full time staff and part-time staff (pro-rata) and is accrued on a
continual basis at a rate of 76 hours annually, to cover employees during periods of illness so they may
stay home and address their health needs or the serious health needs of another person (as defined by the
Awards). A medical certificate must be provided for a minimum of five of these. A medical certificate must
also be provided if a Personal Leave day is taken before or after a public holiday, on a Monday or a Friday,
before or after an approved period of leave or where absence levels are at a higher rate than the Schools
average data.

Carer’s Leave
An employee may take paid Carer’s Leave if the leave is taken to provide care or support to a member of
the employee’s immediate family, or a member of the employee’s household, who requires support

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Leave Policy

because of:
• personal illness, or personal injury affecting the member; or
• an unexpected emergency affecting the individual.

If Carer’s Leave is taken to care for another person who is medically unable to care for themselves, as
stipulated above, a medical certificate may be required at the discretion of the Principal. When Personal
Leave accruals have been exhausted, employees are entitled to unpaid Carer's Leave of up to two days for
each permissible occasion, when an immediate family or household member requires care or support for
personal illness, injury or for an unexpected emergency.

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Leave Policy

PARENTAL LEAVE

Purpose

This policy is for the purposes of providing paid and unpaid leave when an eligible staff member becomes
a primary carer for a new child or the partner of the primary carer.

Application

Full time and part time employees responsible for the provision of primary care, and who have completed
12 months or more continuous service at the time of birth or placement, are entitled to a period of paid and
unpaid Parental Leave following, or in conjunction with, the birth, adoption or otherwise becoming the legal
parent of a child.

An employee is entitled to Parental Leave if the leave is associated with:
• the birth of a child of the employee or the employee’s spouse or de facto partner; or
• the placement of a child with the employee for adoption; or‬
• the employee has, or will have, a responsibility for the care of the child.

Principle

Sandridge School provides Parental Leave to permanent employees whether they are the primary carer or
the partner. Part of this leave is paid leave, and the remainder may be taken as Parental Leave without
pay. As a point of reference, the School complies with relevant Legislation relating to Parental Leave as a
minimum.

Primary Carer
The School will pay Parental Leave payments at the same rate as ordinary pay, for the first 6 weeks of the
leave period. This payment applies to a primary carer who chooses to remain on Parental Leave as the
primary carer of the child.

Part time staff members will be paid the Parental Leave payment on a pro rata basis.

To be eligible for Parental Leave payments from the School, the staff member must have been a
continuous permanent employee of the School for at least 12 months prior to the anticipated birth/adoption
date of the child.

The staff member may also be entitled to Paid Parental Leave payments from the Australian Government if
they have been a continuous permanent employee of the School for at least 12 months prior to the
anticipated birth/adoption date of the child. Applications for this paid leave must be made through
Centrelink.

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Leave Policy

Partner

The School will provide access to up five days paid Parental Leave (for the partner – not the Primary
Carer) to a staff member upon the birth or adoption of a child. The leave must be taken within the first 12
months of the child being born. To be eligible for paid Parental Leave as a Partner, the staff member must
have been a continuous permanent employee of the School for at least twelve months prior to the leave
being taken. Part time staff members will be paid Parental Leave as a Partner on a pro-rata basis.

The timing of the leave must be agreed with the school Principal, taking in to consideration the impact on
the School's operations. Where appropriate, the period of Parental Leave for Partners may be split into
more than one period.

Resumption to Work After Parental Leave

The process of resumption to work after a period of Parental Leave is as per the Fair Work Act, Part 2
NES, Division 5.

Extending Parental Leave

An employee taking 12 months Parental Leave may request an extension of a further 12 months leave (up
to 24 months in total). Management of requests for extension of Parental leave will be considered in the
context of Legislative requirements at the time.

The School may only refuse a request for an extension of Parental Leave if there are reasonable business
grounds to do so, and must detail their reasons in writing.

Relevant factors which are grounds for refusing a request may include:
• the effect on the School (e.g. the impact on finances, efficiency, productivity, students)
• the inability to manage the workload among existing staff
• the inability to recruit a replacement employee

Concurrent Leave

Concurrent leave applies where two working parents of a child, who have each completed at least 12
months’ continuous service with their respected employers, take leave at the same time to care for a new
born baby (or newly adopted baby). Both parents may take leave at the same time for a maximum period of
8 weeks. This leave must be taken within 12 months of the birth or adoption of a child. The concurrent
leave may be taken in separate periods, however each period must not be shorter than two weeks, unless
agreed to by the School.

Bereavement (Parental Leave)

If an employee's pregnancy terminates, they are entitled to a period of paid or unpaid (where no accruals

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Leave Policy

are available) Personal Leave which has been certified as necessary by their treating registered
practitioner.

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Leave Policy

LONG SERVICE LEAVE

Purpose

Long Service Leave is additional leave with pay granted to staff after a long period of continuous service to
the School. Its purpose is to enable the staff member to have a lengthy period of rest from work during the
period of their employment.

Application

This part of the policy applies to all full time, part time and casual employees. Part time and casual
employees are paid Long Service Leave on a pro rata basis. A casual employee’s payment for Long
Service leave is averaged over the previous twelve months, or the previous five years (whichever average
hours are the greater).

Principle

It is the Policy of the School to accrue Long Service Leave (LSL) for eligible staff at the rate of 13 working
weeks per 10 years of completed ‘continuous service’ (as defined by law). This is a preferential benefit in
comparison to the terms of the L.S.L Act. Under the L.S.L Act a staff member is entitled to 13 weeks of LSL
after 15 years of continuous employment.

The School will allow full time and part time employees with 7 years’ continual service, to apply to access
their LSL accrual. This is in accordance with section 71 of the L.S.L Act. Staff who resign after 7 years of
continuous service will be paid accrued LSL upon termination of their employment in accordance with the
Act.

Teaching Staff

• The minimum period for making an application to take a period of LSL shall be one term in advance.
Applications made in accordance with this timeframe will not be unreasonably refused by the School.

• The school will consider applications for LSL submitted with less than one term’s notice in the
context of operational requirements and the potential or desirability of securing a suitable
replacement teacher.

• The School will take all reasonable steps to replace a member of staff who has been granted a
period of LSL. In circumstances where it is genuinely not possible, the Principal reserves the right to
revoke applications for Long Service Leave that have been granted in circumstances where it would
be detrimental to learning outcomes for students to allow the leave to proceed. While this action
would not be taken without careful consideration by the Principal, the School has an obligation to
students to ensure that educational services can continue to be provided at all times. Where this
occurs, a staff member would be compensated for any reasonable cancellation fees incurred.

• Applications for LSL by teaching staff should be submitted to the Principal in writing for approval.

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Leave Policy

• The Principal will provide formal approval in writing to the staff member with a copy being provided to
the Human Resources Manager.

• has been received.

Non-Teaching Staff

• It is preferred that non teaching staff will take LSL in one period (in accordance with S67 (1) of the
Victorian LSL Act 1992).

• The Act, however, allows (by agreement) employees to take this period in 2 or 3 separate blocks
(S67 (2).

• Non teaching staff should submit requests for LSL to the Principal in writing. The Principal shall
consider the application in the context of operational requirements and other leave approved.

• If suitable, the request will then be approved in writing.

The following information relates to all staff:
• A staff member may ask to extend (double) the length of absence on LSL by taking LSL on half pay.
Such a request would take into account factors such as the impact on teaching and learning and
operational effectiveness. Approval is at the sole discretion of the Principal.
• Where there is a minimal shortfall between the expiration of eligible paid LSL and the end of Term
(primarily in the case of teaching staff), the School may grant (at the sole discretion of the Principal)
a period of Leave Without Pay (LWOP) to the staff member to cover the remainder of a School
Term.
• Staff who wish to retire may give the School notice of their impending retirement and make
application for LSL to cover a period from their last day attending work and their retirement date
(where such accruals are available).
• It is the Policy of the School that staff will use accruals of LSL on a regular basis and that accruals
will be maintained at no more than 13 weeks at a census date of 1 January on any year.
• The LSL Act states (at Section 78) that ‘an employee must not work for hire or reward while he or
she is taking long service leave’. This means that the School will not condone employees working
elsewhere while taking LSL from their employment with the School. It is the Policy of the School
therefore that, where the School becomes aware that a staff member plans to act in breach of the
Act in this regard, the Principal or another senior manager as designated by them, shall advise the
staff member and take all reasonable steps to advise the prospective employer of a potential breach.
• In accordance with the LSL Act, the School will not agree to engage any person ‘for hire or reward’
while he or she is taking LSL from another employer.
• Staff will submit all queries and requests regarding LSL to the School in writing.
• The Act expressly precludes payment in lieu of taking LSL (Section 74). Therefore, the School will
not ‘cash out’ or make payment in lieu of LSL to employees.
• Once confirmed by the relevant manager, the approved application will be forwarded to Payroll.
• A copy of all correspondence and forms relating to the application and approval will be placed on the
individual’s personal file.

Managing Accruals of LSL

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Leave Policy

• It is the Policy of the School to manage excessive individual LSL balances and to write to staff
requesting them to make an application for LSL where their accruals exceed 15 weeks on 1 January
of any year.

• If the staff member does not subsequently submit an application for LSL within 3 months of this
advice in writing, the Principal may write to the staff member and direct them to take a period of LSL,
giving a minimum notice to the staff member of a further 3 months. The procedures outlined above
will guide the interpretation of this LSL policy and the LSL Act. While they provide some detail on the
approach the School will take, the Principal reserves the right to use their discretion, within the terms
of the legislation, to interpret or vary the procedures.

Disputes

Any disputes relating to applications for long service leave will be reviewed by the Principal.

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Leave Policy

COMPASSIONATE LEAVE

Purpose

This section of the policy is for the purposes of providing paid leave when a family member or member of
the employee's household develops a life-threatening illness, sustains a life-threatening injury or dies.

Application

Sandridge School’s full time and part time employees are entitled to paid Compassionate Leave.

Principle

An employee may take Compassionate Leave for a particular permissible occasion if the leave is taken:
• to spend time with the member of the employee’s immediate family or household who has
contracted or developed the personal illness, or sustained the personal injury, that poses a serious
threat to his/her life or‬
• after the death of the member of the employee’s immediate family or household.

An employee is entitled to two days of Compassionate/Bereavement Leave for each occasion (a
permissible occasion) when a member of the employee's immediate family or a member of the employee's
household:

• contracts or develops a personal illness that poses a serious threat to his/her life; ‬
• sustains a personal injury that poses a serious threat to his/her life; or, ‬
• dies. ‬In a situation where a family member has an illness which leads to the family member's

death, an employee may access a total of four days paid leave as this would be considered two
separate incidents (two permissible occasions).

In order to access the two permissible incidents, the first two days’ entitlement must be taken during the
illness. This leave may be extended at the discretion of the Principal. Immediate family or member of the
employee's household covers:

• a current or former spouse (including a current or former de facto or same sex partner)
• a child of the employee or spouse (including an adopted child, step child or an ex nuptial child);
• a parent, parent in law, foster parent, grandparent, grandchild or sibling of the employee or spouse;
• a person who lives with the employee in the same household or whose care is the employee's

responsibility and recognising a wide range of relationships and structures which may include one
or more of the following: extended family, friendship and dependency.

Leave granted in accordance with this policy is for the purpose of providing care or support to a member of
the employee's immediate family, or member of the employee's household. It may be approved in
conjunction with any other accrued leave.

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Leave Policy

COMMUNITY SERVICE LEAVE

Purpose

This policy defines the nature of paid leave for eligible community services. The Fair Work Act 2009 (Cth)
entitles staff members to be absent from employment on authorised leave for a period if the staff member
is engaging in an eligible community service activity.

Application

Sandridge School’s full time and part time employees who are required to engage as a volunteer in an
eligible community service activity are entitled to leave paid and/or unpaid for this period.

Principle

Eligible community service activity includes:
• Jury service
• A voluntary emergency management activity e.g. Rural Fire Brigade, SES Jury Service

Jury Service
Both full time and part time employees, who are required to serve on a jury, are entitled to ‘make-up pay’
for the period of jury service. Make-up pay is the difference between any jury service pay the employee
receives (excluding any expense – related allowances) and the employee’s ‘base rate of pay’ for the
ordinary hours they would have worked.

Voluntary Emergency Management Activity
An employee who engages in a voluntary emergency management activity is entitled to unpaid leave for
the period of time that they are attending the emergency.

A voluntary emergency management activity must be an activity that involves dealing with an emergency or
natural disaster, e.g. fire-fighting, an auxiliary operation or an activity that is of community service nature
prescribed by regulations. The employee must be a member of a recognised emergency management
body for example the SES (or have a ‘member-like’ association with the body). The body must request the
employee to engage in the activity.

Staff members must notify the Principal of the expected period of absence as soon as practicable and must
provide reasonable evidence that the absence from work is because the employee is engaging in a
voluntary emergency management activity.

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Leave Policy

LEAVE WITHOUT PAY
Purpose

To clarify the approach that will be taken by the School in considering application for Leave Without Pay.

Application

Staff members are not entitled to Leave without Pay. Under extenuating circumstances, Leave Without Pay
may only be granted at the discretion of the Principal taking into consideration the impact on students and
the operation of the School.

Principle

If a period of Leave Without Pay is granted the staff member will not be entitled to:
• Accrue any leave balances (personal, long service or annual).
• Paid public holidays during the period.
• Payment of Superannuation benefits.

Leave Without Pay will not be granted for the purpose of taking up other paid employment except where
part of a secondment arrangement or where specific approval is granted. Applications for leave without
pay must be supported with a written explanation and submitted to the Principal.

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Leave Policy

OTHER LEAVE

Purpose

To clarify the approach that will be taken by the School in considering applications for leave from work to
attend special events such as weddings, graduation ceremonies, funeral services of friends or individuals
who are not immediate family members.

Application

This section of the policy applies to all Sandridge School employees.

Principle

The School appreciates that from time to time, an individual may seek to be absent from work for reasons
which do not fit a traditional definition of ‘annual’ or ‘personal’ leave. The School provides the following
guidelines on how it will assess an application for ‘other’ leave, but reserves the right to make exceptions to
the rule where it feels that the circumstances merit this (in the opinion of the Principal).

The following events are likely to be viewed favourably by the School when an application for time off work
(paid) for ‘other’ reasons’ is received. This list is not exhaustive and should be considered as indicative of
the School’s position on these matters.

Examples of events which the School would be likely to support a paid leave of absence include:
• Attendance at significant Award Ceremony, a University or School graduation ceremony for self or
member of immediate family - 1⁄2 day.
• Attendance at an examination for an approved course of study - 1⁄2 day per approved subject.
• On the day of moving from one residence to another - maximum 1 day per annum.
• On the day of an employee’s wedding - 1 day.
• On the day of a son or daughter’s wedding - 1 day.
• Attendance at the funeral of a person, not a member of the individual’s immediate family (as
defined by Legislation) but with a close connection to the employee - maximum 1⁄2 day per event.
• Attendance at a special event, ceremony or similar which, in the opinion of the Principal, it would
be reasonable for the School to support the employee in attending (this classification may, at the
discretion of the Principal, be deemed to be approved as paid or unpaid leave, and the employee
will be advised of this in advance) - 1⁄2 day.
• Attendance at a specialist doctor’s appointment for an initial consultation or in relation to a
potentially serious medical concern (for self, spouse or child) – 1⁄2 day.
• Attendance at a legal or other properly convened Conciliation, Hearing or similar event which the
employee is a required participant - 1-day maximum or at the discretion of the Principal.

In considering any request for ‘other leave’, the School will take into account factors such as:

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Leave Policy

• Operational impact – ability to manage with existing resources / ability to reasonably replace;
• The notice provided, and any circumstances which mitigate a shorter period of notice being

possible;
• Fairness, practicality and precedence (where applicable).

Table of Amendments Short description of amendment
Draft of new policy
Version Number Date Minor wording changes
1.0 April 2016
1.1 March 2017

Scheduled Review date March 2018

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