8. Leave without Pay

General

a) Generally, temporary teachers will not be granted leave without pay during a temporary engagement unless special circumstances exist.

b) Leave without pay, excluding five days in any incremental year, does not count as service for salary increments.

c) Total leave without pay exceeding the temporary teacher's normal working week in any school year will result in a reduction of vacation leave on a pro rata basis.

d) The special circumstances under which it may be considered appropriate to grant short periods of leave without pay to a temporary teacher are set out below.

8.1 Compassionate Reasons

a) In cases of emergency or compassionate circumstances, temporary teachers may be granted leave without pay where a period of absence is required that is not covered by family and community service leave or where family and community service leave entitlements are exhausted.

b) In special circumstances temporary teachers may apply to take leave without pay for the period necessary to provide full time medical care for a family member who is seriously ill.

c) Applications for leave in these circumstances will be considered on an individual basis and where appropriate should be accompanied by documentary or medical evidence.

8.2 Holy Days

Where family and community service leave has been exhausted and members of any religious faith apply for leave to observe the holy days of their faith, they may be granted leave without pay or leave as a charge against long service leave, if due.

8.3 Marriage Leave

Where, because of special circumstances, it is not possible to arrange to be married during school holidays, leave without pay may be granted.

8.4 New South Wales Teachers Federation - Relief Positions

a) Applications from temporary teachers seeking approval to work in relief positions with the Teachers Federation will be considered on a case by case basis. Applications will only be considered where the period of relief is within the period of temporary engagement.

b) The following conditions apply to temporary teachers appointed to relief positions with the NSW Teachers Federation.

c) Temporary teachers released to work in relief positions may be granted leave without pay.

d) Applications for leave must be submitted as early as possible.

e) In respect of contributors to a State Government Superannuation Fund, the current liability superannuation contributions will be paid by the Teachers Federation.

f) The period of leave will count for incremental purposes.

g) Payment of salary and conditions of employment, including leave entitlements will be the responsibility of the Teachers Federation.

h) A period of leave without pay of less than six months will count as service for long service leave purposes when a temporary teacher has completed at least ten years paid service.

8.5 Parliamentary Elections

State Elections

a) The conditions under which temporary teachers may contest State Elections are prescribed by the Constitution (Public Service) Amendment Act 1916.

b) In accordance with the provisions of the above Act it is not necessary to terminate a temporary engagement prior to the election but, if elected as a member of either house the temporary teacher must terminate their temporary engagement upon the declaration of the poll. The last day of service will be the date on which the temporary teacher is declared elected.

c) Temporary teachers wishing to take leave during a period of engagement in order to contest an election may take leave without pay or long service leave, if due.

Federal Elections

a) The conditions under which temporary teachers may contest Federal Elections are prescribed by the Public Service (Commonwealth Elections) Act 1943.

b) In accordance with the provisions of the above Act, temporary teachers must terminate their engagement before nominating for election to either house. The date of termination of a temporary teacher contesting a Federal election must be no later than the day prior to the closing date for nominations.

8.6 Pre-Natal Classes

a) Temporary teachers who attend pre-natal classes during school hours may be granted leave without pay or long service leave to credit.

b) In exceptional circumstances where classes are not available outside school hours, temporary teachers may be granted family and community service leave.

8.7 Private Business

a) Leave without pay will not be granted for private business except in very urgent cases.

b) Applications for leave should be forwarded as early as possible and the nature of the business must be stated in support of the application.

8.8 Sporting, Cultural or Educational Association Meetings

Where a temporary teacher holds office in a recognised sporting, cultural or educational association either at the State or National level, and is required by that association to attend regular meetings during normal school hours, then leave without pay or long service leave to credit may be granted provided that:

8.9 Subpoenaed or Called as a Witness

a) Temporary teachers subpoenaed or called as witnesses other than by the Crown shall be granted leave without pay or long service leave to credit for the period they are necessarily absent from duty.

b) Any monies paid to a temporary teacher as a witness may be retained.

c) Temporary teachers subpoenaed or called as a witness in their official capacity are deemed to be on duty.

d) Temporary teachers subpoenaed or called as a witness by the Crown shall be granted special leave. In these circumstances, the temporary teacher may only claim for travel expenses.

8.10 Transport Stoppages

a) During a major interruption to public transport it is expected that, as far as practicable, temporary teachers will report for duty at their usual school.

b) Where it is impracticable for temporary teachers to report to their normal schools they may report for duty to schools more convenient to their home. In this instance temporary teachers are deemed to be on duty but must supply their principals with a certification from the other school which includes the specific dates upon which they reported for duty.

c) If a temporary teacher is unable to attend their own or another school they must be granted leave without pay or long service leave to credit.

8.11 Right of Return

Temporary teachers will maintain right of return during periods of leave without pay providing that the return to duty occurs during the temporary engagement.

©2000-2002 NSWTF Online is a resource for teachers
provided by the NSW Teachers Federation.
[Authorisation of election comment] [Privacy]

http://www.nswtf.org.au/TemporaryTeachers/lwop.html
Last Modified: 15 Nov 2005