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16. Vacation Leave

16.1 General

  1. Temporary teachers will accrue a vacation leave entitlement based on the number of days worked as a temporary teacher.

  2. At each vacation the entitlement accrued at that point will be calculated and paid during the vacation period. Any vacation leave already granted during the school year is deducted from the gross vacation leave entitlement. A residual amount of vacation leave will always be held over for payment during the Christmas vacation.

  3. Fractions of a day are rounded up to the nearest ¼ day.

  4. If a temporary teacher has not undertaken enough work during the year to cover all days of the vacation the vacation will consist of days of full pay and days of no pay vacation. Where a reduction in vacation leave occurs, the full pay entitlement is paid prior to the no pay.

  5. Where leave is taken in terms 1, 2 or 3 that results in a reduction in vacation leave, deductions will be taken from the vacation which occurs immediately after the period of leave and where appropriate, deductions will be taken from other vacations during the remainder of the school year.

16.2 Vacation Days

For the purposes of calculating vacation leave, "vacation days" means the total number of weekdays between the last day of each term and the first day of the next term, occurring in a school year, inclusive of public holidays.

16.3 Service

a) For the purpose of calculating vacation leave "service" means the number of days a temporary teacher is on duty or on a category of leave which accrues full vacation pay.

b) The following categories of leave shall be regarded as service and will accrue full vacation pay:

i) all working days on which a temporary teacher is on full pay leave;

ii) all working days on which a temporary teacher is on half pay sick leave;

iii) all working days on which a temporary teacher is on no pay sick leave for up to four normal working weeks in any school year;

iv) all working days on which a temporary teacher is on half pay maternity leave or half pay adoption leave;

v) all working days on which a temporary teacher is on workers' compensation leave;

vi) up to one normal working weeks leave without pay during any school year;

 

vii) in respect of half pay long service leave (extended leave) the following periods of long service leave taken on half pay or a combination of full and half pay shall also accrue full vacation pay:

  • up to four normal working weeks in any school year; or

  • one complete school term taken in any school year,

provided that no other long service leave is taken during the school year.

viii) with the exception of vii) above the paid portion of any period of half pay long service leave expressed as the equivalent number of full working days shall be regarded as full days of service.

16.4 Effect of Half Pay Long Service Leave

With the exception of periods of half pay long service leave which, as indicated above are regarded as full service, any other period(s) of half pay long service leave are converted to a full pay and no pay equivalent, by dividing the total number of working days granted on half pay by two. For example, if a temporary teacher takes 30 working days long service leave on half pay, fifteen days are deemed to be on full pay and count as full service and fifteen days are deemed to be leave without pay and do not count as service for the purposes of calculating vacation leave only.

16.5 Unauthorised Absences

For the purposes of calculating vacation leave, unauthorised absences do not count as service and do not accrue vacation pay.

16.6 Leave Without Pay

< a) With the exception of those categories of leave on no pay which are defined as service, all other leave granted without pay does not accrue vacation leave.

b) Where a period of leave without pay exceeds one normal working week, the total number of working days leave without pay taken in a school year does not accrue vacation leave.

  1. Where a temporary teacher who has not accrued sufficient service to qualify for long service leave, takes more than one normal working week leave without pay for special emergency circumstances, he or she may make application to have the absence deemed as service. Applications of this nature shall be considered by applying the same criteria used to determine eligibility for the grant of family and community service leave.

  2. Where a temporary teacher who is eligible for long service leave is granted vacation leave without pay, he or she may request that the period of no pay be debited from long service leave to credit.

16.7 Example of Vacation Leave

  1. In the 2001 school year there is a total of 203 working days and a total of 57 vacation days.

  2. A temporary teacher who has a full time engagement for all of Term 1, 2001 will be engaged to work for 54 days. The total vacation leave entitlement that accrues for this temporary engagement is calculated as follows:

    3. 57 (total vacation days)

    x

    54 (no. of days worked)

    =

    15.16 days

    203 (total work days)

    		        

    The vacation entitlement is rounded to the next highest ¼ day and becomes 15.25 days.

    The vacation at the end of Term 1, 2001 has a total of 11 days. This temporary teacher will receive 11 days vacation leave in this vacation. The residual entitlement of 4.25 days will be paid in the Christmas vacation at the end of 2001.

  3. A temporary teacher works 3 days per week for Term 1, 2001 (total 33 days). The total vacation leave entitlement that accrues for this temporary engagement is calculated as follows:

57 (total vacation days)

x

33 (no. of days worked)

=

9.27 days

203 (total work days)

        

The vacation entitlement is rounded to the next highest ¼ day and becomes 9.5 days.

A total of 6.75 days will be paid during the vacation at the end of Term 1, 2001 with a residual entitlement of 2.75 days paid in the Christmas vacation at the end of 2001.

16.8 Payment of Vacation Pay

  1. Generally, vacation leave entitlements will be paid as leave during the relevant vacation periods via fortnightly pay instalments. Vacation leave paid in this way will count as service.

  2. If a temporary teacher is not planning to continue working for the Department and would prefer to have the monetary value of vacation leave paid as a gratuity at the end of an engagement rather than waiting until the appropriate vacation they must notify Payroll Services prior to the end of the engagement. A separate form has been developed for this purpose and is at Attachment 2.

  3. Vacation leave that is paid as a gratuity will not count as service for the purposes of extended leave, cumulative sick, family and community service leave or special sick leave.





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