Annual leave and payments for non-attendance during non-term weeks
Source of Authority: Determination 6 of 2016 - Annual Leave and Payment for Non-Attendance by Teachers in Non Term Weeks
Note: Teachers in Non School Based Teaching Service positions do not receive Annual Leave and payment for non-attendance in term weeks under these provisions, but instead receive Recreation Leave in line with the NSW Public Service. See 4.3.5
22.214.171.124 Annual leave
a) Permanent full time teachers shall be granted four (4) calendar weeks annual leave per school year. Permanent full time teachers in the Western Vacation Division shall be granted five (5) calendar weeks annual leave per school year.
b) Annual leave for teachers in the Eastern Vacation Division shall be taken during the first calendar non term week of the summer, autumn, winter and spring student vacations.
c) Annual leave for teachers in the Western Vacation Division shall be taken during the first non-term calendar week of the autumn, winter and spring student vacations and during the first two (2) calendar non term weeks of the summer student vacation.
d) Permanent part time and temporary teachers shall be entitled to annual leave on a pro rata proportion of the entitlement of a permanent full time teacher
126.96.36.199 Non-attendance during non-term weeks
a) Unless otherwise required by the employer, teachers shall not be required to attend their workplaces during the non-term week(s) of the student vacation periods.
b) Teachers will continue to be paid for the non-term week(s), as appropriate under this section
c) Any payments made to a teacher during non-term week(s) are not defined as and are not treated as payments for “leave “of any form.
188.8.131.52 Formula for calculation of entitlements
a) Subject to clause 4.14.6 and sub clause b) of this clause, and in lieu of the provisions of the Annual Holidays Act, a teacher shall during a school year be paid for annual leave and for non-term week(s) proportional to service during the school year in accordance with the following formula:
N = (S ÷T) x C
“N” is the number of paid non term days the teacher has accrued at that time;
“S” is the number of days of service during the school year;
“T” is the number of teaching days during the school year in the Eastern and Western Vacation Division as appropriate; and
“C” is the number of student vacation days in the Eastern or Western Vacation Division as appropriate.
b) Notwithstanding the provisions of clause a):
i) Where upon the occurrence of any student vacation, a teacher is, by reason of subclause a) not entitled to be paid for the whole or any part of the non-term week(s), the teacher’s pay shall be adjusted accordingly.
ii) Where at the commencement of a student vacation a teacher has an accrued entitlement in accordance with subclause a) in excess of the length of that student vacation the teacher shall be paid only for the period of the non-term week(s). When there is an accrued entitlement in excess of the length of the student vacation, the excess entitlement will be carried over for payment in the Term 4 vacation.
c) A teacher who is transferred:
i) from the Eastern Vacation Division to a school in the Western Vacation Division is entitled to be paid for the last week of the Western Vacation Division summer student vacation, regardless of whether the teacher otherwise has an entitlement to payment for a period of non-term week(s) for the summer vacation;
ii) from the Western Vacation Division to a school in the Eastern Vacation Division is entitled to be paid for the non-term week(s) of the summer vacation as though the teacher had been appointed at all material times to a school in the Eastern Vacation Division.
d) Upon the retirement or resignation of a teacher, or any other termination of that teacher’s services, other than for wilful misconduct, the teacher shall be paid any entitlement under subclause a) which has not already been paid to the teacher during that school year. In calculating this entitlement, the last day of service will be the date of resignation, retirement or termination.
4.3.3 Workers compensation payments during periods of annual leave and during weeks of non-attendance in non-term weeks
a) Teachers receiving workers compensation payments will receive payments for annual leave in accordance with this section and workers compensation payments as determined by the Department’s Fund Manager in accordance with the Workers Compensation Act, for the period of annual leave that occurs during the non-term periods of the year.
b) Teachers receiving workers compensation payments will receive payments for the non-term week(s) as determined by the Department’s Fund Manager in accordance with the Workers Compensation Act, in accordance with the definition of ordinary pay at clause 2.6 of Determination 6 of 2016 - Annual Leave and Payment for Non-Attendance by Teachers in Non Term Weeks.
4.3.4 Effect of leave
For the purpose of calculating the entitlements of annual leave and payment during non-term weeks, service will be counted as follows:
a) those working days or the proportion of any working day when a teacher is on approved leave on full ordinary pay will accrue full vacation pay and full leave entitlements;
b) those working days or the proportion of any working day when a teacher is on approved half pay will accrue half pay vacation and half pay entitlements; and
c) those working days or the proportion of any working day when a teacher is on approved no pay will accrue no pay vacation and no leave entitlements
In relation to how service will be counted, the following exceptions apply:
d) up to twenty (20) teaching days taken as sick leave without pay will count as service for the purpose of calculating vacation pay; and
e) an equivalent of five (5) days or less approved leave without pay during any school year will count as service for the purpose of calculating vacation pay.
f) Those working days a teacher is absent on workers compensation.
g) Periods of study leave falling on working day(s) or part thereof granted on:
i) half pay to a teacher with at least five years continuous service to permit the teacher to complete the final year of a degree course;
ii) full pay for travelling and attendance at lectures to a teacher who is undertaking a part-time university course;
iii) full pay to a teacher who is undertaking a part-time tertiary course to pursue course segments not available outside teaching hours; or
iv) full pay to a teacher undertaking a course which leads to an increase in status and/or salary, to travel to and attend compulsory residential course requirements involving field excursions/work, case study, study visits, practical work etc.
4.3.5 Non school based teaching service positions
a) Teachers in full time non school based teaching service (NSBTS) positions shall be granted four (4) calendar weeks Recreation Leave per school year. Permanent full time NSBTS in the Western Vacation Division shall be granted five (5) calendar weeks annual leave per school year.
b) Teachers in part time NSBTS positions shall be entitled to recreation leave on a pro rata proportion of the entitlement of a permanent full time teacher.
c) Teachers moving in and out of NSBTS roles will have vacation pay accrue against the teaching position and recreation leave accrue against the NSBTS position.
d) This means that a teacher who moves into a NSBTS position during the school year will retain any accrued vacation entitlement to be paid in the next vacation period after they return to their teaching position; or as a lump sum at the end of the Term 4 vacation if they do not return to their school based position. NSBTS will commence accruing recreation leave in the usual way from entry on duty in a non-school based position.
Conversely, prior to a teacher returning to a school based position from a NSBTS position it is expected that they will exhaust their recreation leave entitlement. If this is not possible there is a process for approving the cashing out of any remaining recreation leave arising from the NSBTS position. Upon return to the school based role the teacher will accrue vacation entitlements based on the service they undertake in the school based position