17.5.1 The Secretary may grant leave without pay to a permanent or long-term temporary employee if good and sufficient reason is shown.

17.5.2 Leave without pay may be granted on a full-time or a part-time basis.

17.5.3 For leave up to and including a period of 12 months, a permanent employee has a right of return to the same school at their same classification. For periods in excess of 12 months and up to and including three years, a permanent employee has a right of return to the nearest suitable vacancy to their previous school.

17.5.4 Leave without pay may be granted to long-term temporary employees, provided it does not extend beyond the end of the school year in which it is taken.

17.5.5 Where a permanent or long-term temporary employee is granted leave without pay for a period not exceeding 10 consecutive working days, the employee must be paid for any proclaimed public holidays falling during such leave without pay.

17.5.6 Where a permanent or long-term temporary employee is granted leave without pay which, when aggregated, does not exceed five working days in a period of 12 months, such leave counts as service for incremental progression and accrual of recreation leave.

17.5.7 A permanent or long-term temporary employee who has been granted leave without pay must not engage in private employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Secretary.

17.5.8 A permanent or long-term temporary employee is not required to exhaust accrued paid leave before proceeding on leave without pay but, if the employee elects to combine all or part of accrued paid leave with leave without pay, the paid leave must be taken before leave without pay.

17.5.9 A permanent appointment may be made to the employee’s position if:

(i) the leave without pay has continued or is likely to continue beyond the original period of approval and is for a total period of more than 12 months; and

(ii) the employee is advised of the Secretary’s proposal to permanently backfill their position; and

(iii) the employee is given a reasonable opportunity to end the leave without pay and return to their position; and

(iv) the Secretary advised the employee at the time of the subsequent approval that the position will be filled on a permanent basis during the period of leave without pay.

17.5.10 The position cannot be filled permanently unless the above criteria are satisfied.

17.5.11 The employee does not cease to be employed by the Secretary if their position is permanently backfilled.

17.5.12 Paragraph 17.5.9 of this subclause does not apply to full time unpaid parental leave granted in accordance with subclause 17.1 Adoption, Maternity and Parental Leave or to military leave.