Teachers Leave Handbook

 

 

4              Leave Provisions

 

4.8               Leave Without Pay                                                                                                                                        13

 

4.8.1            General                                                                                                                                                                 13

4.8.2            Categories of Leave Without Pay                                                                                                                     13

4.8.3            Leave Without Pay for Personal Reasons                                                                                                       14

 

4.8.3.1          Entitlement                                                                                                                                    14

4.8.3.2          Eligibility                                                                                                                                         14

4.8.3.3          Conditions                                                                                                                                     14

4.8.3.3(f)      Combination of Leave Without Pay and Long Service Leave                                               14

4.8.3.3(g)      Leave Without Pay and Entitlement to Maternity Leave                                                      15

4.8.3.4          Duration of Leave                                                                                                                        15

 

4.8.4            Right of Return                                                                                                                                                    15

 

4.8.4.1          Resumption of Duty for Teachers With Right of Return                                                        15

4.8.4.2          Resumption of Duty for Teachers With No Right of Return                                                  16

 

4.8.5            Relief Teaching While on Leave Without Pay                                                                                                16

 

4.8.5.1          Amount of Relief                                                                                                                          17

4.8.5.2          Salary                                                                                                                                              17

4.8.5.3          Sick Leave                                                                                                                                      17

4.8.5.4          Long Service Leave                                                                                                                      17

4.8.5.5          Incremental Progression                                                                                                            17

4.8.5.6          Annual Leave Loading                                                                                                                 17

4.8.5.7          Superannuation                                                                                                                            17

4.8.5.8          Application                                                                                                                                    18

 

4.8.6            Other Employment While on Leave Without Pay                                                                                         18

4.8.7            Further Application for Leave                                                                                                                          18

4.8.8            Resignation While on Leave Without Pay                                                                                                      18

4.8.9            Superannuation                                                                                                                                                  18

4.8.10          Australian Volunteers International                                                                                                                18

4.8.11          Compassionate Reasons                                                                                                                                    19

4.8.12          Competitors in Eisteddfods or Choral Championships                                                                                 19

4.8.13          Graduation Ceremonies                                                                                                                                    19

4.8.14          Holy Days                                                                                                                                                              19

4.8.15          Intrastate Transfers                                                                                                                                            19

4.8.16          Marriage Leave                                                                                                                                                   20

4.8.17          Parliamentary Elections                                                                                                                                     20

 

4.8.17.1        State Elections                                                                                                                              20

4.8.17.2        Federal Elections                                                                                                                          20

 

4.8.18          Private Business                                                                                                                                                  20

4.8.19          Sporting Fixtures                                                                                                                                                 21

4.8.20          Sporting, Cultural or Educational Association Meetings                                                                              21

4.8.21          Subpoenaed or Called as Witnesses                                                                                                               21

4.8.22          NSW Teachers Federation                                                                                                                                21

 

4.8.22.1        Appointment to Administrative Positions                                                                                21

4.8.22.2        Appointment to Relief Positions                                                                                                23

 

4.8.23          Australian Education Union                                                                                                                               24

4.8.24          Temporary Release to Other Authorities                                                                                                       24

4.8.25          Transport Stoppages                                                                                                                                          24

4.8.26          Weddings and Wedding Anniversaries                                                                                                          24

4.8.27          Part Time Leave Without Pay                                                                                                                           25

 

4.8.27.1        Eligibility                                                                                                                                         25

4.8.27.2        Duration of Leave and Right of Return                                                                                     25

4.8.27.3        Application and Variation                                                                                                           25

4.8.27.4        Other Conditions                                                                                                                          25

4.8.27.5        Vacation Entitlement                                                                                                                   26

4.8.27.6        Relief Duties                                                                                                                                  26

4.8.27.7        Superannuation                                                                                                                            26

 

 

4.9               Long Service Leave (Extended Leave)                                                                                                   27

 

 

This section of the Handbook is currently being updated with details of the enhanced leave provisions that will allow the granting of long service leave (extended leave) after 7 years of completed service and the taking of long service leave (extended leave) at double pay. In the meantime any questions you may have about the new provisions can be referred to the appropriate Employee Services Centre.

 

Teachers in Hunter & Central Coast; New England; North Coast; Northern Sydney; Western Sydney Regions
Contact: email iconNewcastle - Employee services phone icon1300 338 001


Teachers in Illawarra & South Coast; Riverina; South Western Sydney; Sydney; Western NSW Regions
Contact: email iconWollongong - Employee services phone icon1300 338 002

 

4.9.1            General                                                                                                                                                                 27

4.9.2            Entitlement                                                                                                                                                          27

 

 

4.9.2.1          Calculation of Entitlement                                                                                                          27

4.9.2.2          Effect of Leave Without Pay                                                                                                       30

4.9.2.3          Calculation of Leave                                                                                                                    31

4.9.2.4          Advice Regarding Entitlement                                                                                                   31

 

4.9.3            Payment of Salary While on Long Service Leave                                                                                          31

4.9.4            Payment of Allowances While on Long Service Leave                                                                                32

4.9.5            Right of Return                                                                                                                                                    32

4.9.6            Long Service Leave Concurrent with Other Leave                                                                                       32

4.9.7            Sickness While on Long Service Leave                                                                                                           33

4.9.8            Vacation Leave Entitlement                                                                                                                              33

 

4.9.8.1          General                                                                                                                                          33

4.9.8.2          Effect of Long Service Leave on Half Pay                                                                                 33

 

4.9.9            Payment on Resignation or Retirement                                                                                                          34

4.9.10          Taxation on Long Service Leave                                                                                                                       34

4.9.11          Long Service Leave Prior to Resignation or Retirement                                                                              35

4.9.12          Payment in the Event of Death                                                                                                                         35

4.9.13          Recognition of Prior Service                                                                                                                             35

 

4.9.13.1        Recognition of NSW Government Service                                                                               35

4.9.13.2        Recognition of Other Service                                                                                                    37

4.9.13.3        Basis for Recognition                                                                                                                   37

4.9.13.4        Criteria for Eligibility                                                                                                                    37

4.9.13.5        Criteria for Continuous Service                                                                                                 37

4.9.13.6        Service Recognition                                                                                                                     38

4.9.13.7        Procedures for Recognition of Service                                                                                    38

 

 

 

4.3               Annual Leave Loading

 

4.3.1           General

 

a)                 When proceeding on annual leave, NSW government employees receive a special loading in addition to their normal salary.

 

b)                In the case of teachers, payment of annual leave loading is determined as though they are eligible to accrue four weeks annual leave.

 

4.3.2           Eligibility and Entitlement

 

a)                 Teachers who complete twelve months continuous service as at 30 November are entitled to an annual leave loading equivalent to 17½% of four weeks normal salary, provided that payment cannot exceed the loading calculated on the maximum salary for a Clerk, Grade 12 in the public service.

 

b)                In the case of teachers with less than twelve months service as at 30 November, entitlement is calculated on a pro rata basis.

 

4.3.3           Effect of Leave on Entitlement

 

a)                 Full pay leave and all workers’ compensation leave count as full service and accrue annual leave loading.

 

b)                Leave on half pay will only accrue annual leave loading for half the total number of days of absence e.g. if a teacher takes 40 days long service leave on half pay only twenty days will accrue annual leave loading.

 

c)                 All categories of leave without pay and unauthorised absences will not count as service and do not accrue annual leave loading.

 

d)                Teachers who take leave without pay during a school year and who have established an entitlement to vacation pay in the midsummer vacation, are entitled to pro rata payment for annual leave loading.  Payment will be made as soon as possible after 30 November in the year in which the entitlement falls due.

 

e)                Teachers on temporary release to outside bodies are entitled to a pro rata payment based on service with this Department.  Any balance of the leave loading is payable by the outside body.

 

4.3.4           Calculation and Payment

 

a)                 For the purpose of calculating annual leave loading, the leave year commences on 1 December of each year and ends on 30 November of the following year.

 

b)                Payment, based on a teacher’s salary rate as at 1 December is automatically paid as early as practicable in December each year.

 

c)                 With the exemption of the allowances listed in d) below, all allowances which are paid to a teacher on 1 December are included in the salary rate.

 

d)                The following allowances do not attract annual leave loading:

 

·         climatic and disability allowances;

 

·         Lord Howe Island allowance;

 

·         principals’ expense allowance;

 

 

·         incentive based allowances

 

·                  relieving allowance - except where the allowance is being paid at 30 November and has been paid for the preceding twelve months, or a teacher is appointed to relieve in a position for a whole school year.  A whole school year is regarded for the purposes of this section as referring to the period from January to December in a year.

 

4.3.5           Broken Service

 

Broken service does not attract annual leave loading.  If a teacher resigns and is subsequently re-employed during the same year, only the service from date of re-employment is recognised for annual leave loading purposes.

 

4.3.6           Relief Teaching

 

All relief casual teaching undertaken while a teacher is on leave without pay or unpaid maternity leave accrues annual leave loading.

 

4.3.7           Payment on Resignation or Retirement

 

a)                 Where the effective date of resignation or retirement is on or after 1 December,  teachers are eligible for payment of annual leave loading based on service up until 30 November.

 

b)                No pro rata payment is made where the effective date of resignation or retirement is prior to 1 December.

 

 

 

 

 

 

 



4.8               Leave Without Pay

 

4.8.1           General

 

a)                 Teachers may be granted leave without pay for any period if good and sufficient reasons are applicable.

 

b)                Generally, leave without pay will not be granted for short periods immediately before or after school vacations.

 

c)                 Leave without pay will not be granted in order to take up a teaching position with a NSW private or independent school.

 

d)                Generally, leave without pay excluding five consecutive days in any incremental year does not count as service for salary increments.

 

e)                A total of more than five days leave without pay in any school year will result in a reduction of vacation leave on a pro rata basis.

 

f)                 Where a period of leave without pay, inclusive of Saturdays and Sundays does not exceed six consecutive days, salary is paid for the weekend.

 

g)                 Where a period of leave without pay does not exceed fourteen consecutive days, salary is paid for any public holidays occurring during the period.

 

h)                The following chart shows the effect on weekends and public holidays of a period of leave without pay taken following a form of half pay leave.

 

 

Leave Without Pay following Leave on Half Pay

 

Weekends

 

      Public

    Holidays

 

No pay not exceeding six days (following half pay not exceeding six days)

 

No pay not exceeding six days (following half pay exceeding six days)

 

No pay not exceeding fourteen days (following half pay not exceeding fourteen days)

 

No pay not exceeding fourteen days (following half pay  exceeding fourteen days)

 

No pay exceeding fourteen days

 

    Full pay

 

 

    Half pay

 

 

     No pay

 

 

     No pay

 

 

     No pay

 

    Full pay

 

 

    Full pay

 

 

    Full pay

 

 

    Half pay

 

 

     No pay

 

4.8.2           Categories of Leave Without Pay

 

a)                 The most common circumstances for granting leave without pay is for personal reasons but there are many other categories of leave without pay which teachers  may be granted.

 

b)                The various categories of leave without pay and the conditions under which leave may be approved are distinct and separate from the provisions in respect of leave without pay for personal reasons.

 

c)                 Provisions for other categories of leave without pay follow those for personal reasons.

 

 

 

4.8.3           Leave Without Pay for Personal Reasons

 

4.8.3.1       Entitlement

 

a)            Leave without pay for personal reasons is the category of leave granted to teachers who wish to take an extended absence from teaching.

 

b)            Leave without pay for personal reasons such as travel interstate or overseas or for child rearing purposes is generally limited to a maximum of three years in a teacher’s career.

 

4.8.3.2       Eligibility

 

a)            A minimum of two years current continuous permanent service, excluding temporary or casual service, must be completed before teachers are eligible to apply for leave without pay for personal reasons.

 

b)            Following completion of a one year traineeship with financial assistance to undertake a District School Counsellors Course, Special Education Course, Teacher Librarian Course or other similar courses, teachers must serve for three years or as otherwise stated in the relevant deed of agreement before being eligible to apply for leave without pay for personal reasons.

 

c)            A minimum of two years must elapse between each period of leave without pay for personal reasons.

 

d)            Generally, a teacher whose service is unsatisfactory will not be granted leave without pay for personal reasons.

 

4.8.3.3       Conditions

 

a)            Unless there are special circumstances an application for leave is to be submitted three months in advance and must state the first and last date of leave.  Teachers seeking to proceed on leave on day 1 of term 1 are to submit their leave application three months prior to the end of the school year.

 

b)            With the exception of any period of relief teaching undertaken with the NSW Department of Education and Training, any period of teaching service completed while on leave without pay for personal reasons does not count for incremental purposes.

 

c)            One increment for child rearing purposes may be granted to a teacher who has taken three years leave without pay for personal reasons.  Credit in these circumstances is granted for full time child rearing before the child attains six years of age or is enrolled in full time schooling, whichever is the earlier.

 

d)            A period of leave without pay exceeding six months does not count as service for long service leave purposes.

 

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

 

f)             Teachers are eligible to take a combination of leave without pay and long service leave.  The long service leave must precede the leave without pay except in the case where the leave is being taken prior to resignation or retirement.  Irrespective of teachers’ entitlements, they do not have to exhaust accrued long service leave prior to the commencement of leave without pay.

g)            In the case of a teacher on leave without pay for personal reasons, who becomes pregnant and whose anticipated date of birth falls within the approved period of leave, from the date the teacher advises of her pregnancy the remainder of the approved leave without pay or a period of twelve months, whichever is less, will not be debited against the total amount of leave without pay for personal reasons.

 

A teacher whose anticipated date of birth falls outside the approved period of leave is entitled at the end of the leave without pay to proceed to maternity leave.

 

4.8.3.4       Duration of Leave

 

As a general rule, leave without pay for personal reasons should only be taken for the minimum period of one school year. 

 

4.8.4           Right of Return

 

a)                 All teachers who conform to the terms of leave granted, have a right of return to the Education Teaching Service.

 

b)                Teachers who occupy promotions positions who are granted leave without pay of up to one school year (term 1 – term 4 in any year) will retain the right of return to their position in the school.

 

c)                 Classroom teachers who are granted leave without pay of up to one school year (term 1 – term 4 in any year) will retain the right of return to their position in the school.  This will apply for the duration of the agreement between the NSW Department of Education and Training and the NSW Teachers Federation on staffing of NSW government schools.

 

d)                Teachers who abut full time leave without pay to another form of full time leave may preserve their right of return to a position in a school provided that the total period of leave does not exceed one school year.  For example a teacher on approved long service leave during terms 1 and 2 may only be granted the remaining two terms in that school year on leave without pay with right of return.  A teacher granted long service leave during term 4 may not be granted right of return for leave without pay in term 1 the following year.

 

d)                         Teachers will not have right of return to their former position in a school if the total period of the leave, or extension of that leave, extends beyond the beginning of the following school year. 

 

f)                 Teachers on a form of part time leave who have approval to abut this with leave without pay may preserve their right of return to a position in a school.

 

                     4.8.4.1       Resumption of Duty for Teachers With Right of Return

 

a)            Teachers with right of return who wish to resume duty prior to expiration of approved leave must give at least one months notice in writing.  Consideration of requests of this nature will take into account whether a replacement teacher has been engaged. 

 

b)            Teachers returning to duty following leave without pay should ensure that notification of their resumption is forwarded to Teacher Salaries and Teacher Services on the first day of duty.

 

 

 

 

 

4.8.4.2       Resumption of Duty for Teachers With No Right of Return

 

a)            At least six weeks prior to the expiration of an approved period of leave, teachers wishing to resume duty who do not have right of return to their former position or school, must complete an application for promotion or transfer.  The application must be sent to the appropriate staffing officer in the School Staffing Unit.  If a position is not available the teacher should submit an application for further leave.

 

b)            Teachers who are likely to expend their leave entitlement of three years without pay for personal reasons and wish to return to a substantive position are also encouraged to apply for advertised positions

 

c)            Teachers resuming duty from leave without pay have a priority for return to the locality of the school from which they were granted leave.  Where a suitable position is not available the teacher may be offered an appropriate position in another adjoining district or granted an extension of leave.

 

                    d)            Teachers who have expended their entitlement of three years leave without pay for personal reasons will be offered a position by the Department where a position is available.

 

                    e)            If the position is on the teacher’s preference list or is at a school in the district or another adjoining district from which the teacher was granted leave, it is expected that the offer of reappointment will be accepted.

 

                    f)             If the offer of reappointment is refused the teacher may be requested to resign and previously approved leave cancelled.

 

An offer of reappointment which is refused by a teacher will be considered on the basis of “reasonableness” before resignation is requested.

 

Each case will be considered on its merits eg if the teacher has exceptional personal circumstances requiring their reappointment in a particular locality, a reasonable reappointment may be considered as one requiring the teacher to travel up to approximately one hour by motor vehicle from their home.

 

Failure to submit a resignation within fourteen days of refusal of a reasonable offer of reappointment or failure to respond to an offer of reappointment may be considered as an abandonment of employment.

 

                    g)            When an offer of reappointment cannot be made, the teacher will be allowed on application, to proceed on leave without pay for personal reasons beyond the three year entitlement for a further period of up to twelve months pending an offer of reappointment.

 

Subsequent applications for leave without pay up to twelve months may be granted where an offer of reappointment cannot be made.

 

h)            Teachers without right of return to their former position in the school who apply to cancel a period of leave without pay after the leave has been approved, will be considered for reappointment to their former position or school provided that a replacement teacher has not been appointed.

 

4.8.5           Relief Teaching While on Leave Without Pay

 

“Under Review” as a result of reforms arising from the 2009 teachers’ award outcome

 

4.8.6           Other Employment While on Leave Without Pay

 

a)                 Teachers on leave without pay for personal reasons may engage in employment, including teaching, while overseas or interstate.

 

b)                Teachers on leave without pay are not permitted to teach in an independent or private school in New South Wales.

 

c)                 Teachers wishing to undertake employment in New South Wales, with the exception of relief teaching undertaken in NSW government schools, must make written application for approval in accordance with the Department’s Code of Conduct. 

 

4.8.7           Further Application for Leave

 

a)                 Teachers with right of return must give at least three months notice if they wish to extend a period of leave without pay.  Notice is to be given by way of submission of a further application for leave. 

 

b)                Teachers without right of return must give at least one months notice if they wish to extend a period of leave without pay.  A further application or written request for leave should be submitted. 

 

4.8.8           Resignation While on Leave Without Pay

 

a)                 Should a teacher decide to resign while on leave without pay, their last day of service will be the date nominated on the separation form as the effective date or the last date of the approved leave, whichever is the earlier.

 

b)                See Chapter 11, Separation from the Service for details.

 

4.8.9           Superannuation

 

See Chapter 12, Superannuation for details.

 

4.8.10         Australian Volunteers International

 

a)                 Teachers who are selected for service with the Australian Volunteers International may be granted up to two years leave without pay to participate in this voluntary scheme.

 

b)                A minimum of two years current continuous permanent service must be completed before teachers are eligible to apply for leave of absence.

 

c)                 An application for leave setting out the first and last date of absence should be accompanied by documentary evidence verifying selection for and the period of service with the Australian Volunteers International.

 

d)                The period of absence will not count as service for long service leave purposes.

 

e)                If participation in the program involves full time teaching, the period of teaching service will count for incremental purposes.

 

f)                 Teachers who are contributors to a state government superannuation scheme do not have to pay the employer’s contributions while on leave.

 

g)                 Payment of personal contributions will be subject to the requirements of the particular scheme.  See Chapter 12 for information on superannuation.

 

4.8.11         Compassionate Reasons

 

a)                 In cases of emergency or compassionate circumstances, 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 teachers may apply to take leave of absence 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.

 

4.8.12         Competitors in Eisteddfods or Choral Championships

 

Leave without pay not exceeding three days may be granted to teachers who are competitors in the City of Sydney or country Eisteddfods or interstate choral competitions.

 

4.8.13         Graduation Ceremonies

 

a)                 Where family and community service leave has been exhausted leave without pay may be granted for the time necessary for attendance at a graduation ceremony of a spouse, partner, son or daughter at a university or tertiary institution.

 

b)                Applications for leave without pay to attend other graduation ceremonies will be considered on their merits.

 

4.8.14         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.

 

4.8.15         Intrastate Transfers

 

a)                 Where a teacher’s spouse or partner who is not a teacher is transferred intrastate, leave without pay may be granted for up to three years.

 

b)                Initially, an application for compassionate transfer, accompanied by documentary evidence regarding the spouse or partner’s transfer, should be submitted to the School Staffing Unit.

 

c)                 If no suitable vacancy is available, the teacher should then submit an initial application for leave without pay pending a vacancy.

 

d)                A teacher in this situation may find it advisable to apply for six months leave without pay in the first instance.  If no vacancy occurs during that time further applications for extensions of leave should be submitted until such time as the teacher is appointed.

 

e)                Relief teaching may be undertaken while on leave without pay.  The conditions of employment which apply in these circumstances are set out in Section 4.8.5.

 

 

f)                 Teachers who are contributors to a state government superannuation scheme should refer to Chapter 12 for information on superannuation.

 

4.8.16         Marriage Leave

 

a)                 Where, because of special circumstances, it is not possible to arrange to be married during school holidays, leave without pay may be granted.  Generally leave will be restricted to ten working days.

 

b)                The leave application, accompanied by all relevant information, should be submitted six weeks in advance.

 

4.8.17         Parliamentary Elections

 

4.8.17.1    State Elections

 

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

 

b)            In accordance with the provision of the above Act it is not necessary to resign prior to the election but, if elected as a member of either house, the teacher must resign from the Education Teaching Service upon the declaration of the poll.  The last day of service will be the date on which the teacher is declared elected.

 

c)            In order to avoid potential conflict between political interests and the teachers employment, it would be preferable for the teacher to take leave in order to contest an election.  Teachers may be granted leave without pay or long service leave, if due.

 

4.8.17.2    Federal Elections

 

a)            The conditions under which 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, teachers must resign before nominating for election to either house.  The last day of service of a teacher contesting a Federal election must be no later than the day prior to the closing date for nominations.

 

c)            If a teacher fails to be elected the resignation may be withdrawn and the teacher reappointed to their previous position provided:

 

·                 the resignation took effect within three months of the date of the election;

 

·                 the resignation stated an intention to contest the election; and

 

·                 the teacher makes written application for reappointment within two months of the declaration of the poll.

 

d)            If the resignation is withdrawn the period between the dates of resignation and reappointment will subsequently be granted as leave without pay or the teacher may elect to be paid long service leave, if due, for the whole or part of the above period.

 

4.8.18         Private Business

 

a)                 Leave of absence will not be granted for private business except in very urgent cases.  If leave is granted it is without pay.

 

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.

 

4.8.19         Sporting Fixtures

 

a)                 Various categories of leave, including leave without pay may be granted to teachers to participate in sporting fixtures.

 

b)                See Section 4.7, Leave for Sporting Fixtures for details.

 

4.8.20         Sporting, Cultural or Educational Association Meetings

 

Where a 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:

 

·                           the State or National body on which the teacher holds office is the controlling body and is not an affiliated group;

 

·                           applications for leave are accompanied by documentary evidence verifying the necessity for holding the meeting during school hours.

 

4.8.21         Subpoenaed or Called as a Witness

 

a)                 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 teacher as a witness may be retained.

 

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

 

d)                Teachers subpoenaed or called as a witness by the Crown shall be granted special leave.  See Section 4.14, Special Leave for details.

 

4.8.22         NSW Teachers Federation

 

4.8.22.1    Appointment to Administrative Positions

 

The following conditions apply to teachers elected to full time administrative positions with the NSW Teachers Federation:

 

a)            Leave Without Pay

 

i)           A teacher may be granted a maximum of six years leave without pay to accept an administrative position with the Federation.

 

The six years limit refers to a single period of service and is not cumulative.  This would be extended, in the instance of an officer being elected at a by-election after the beginning of a triennial term of office, for the balance of that triennial period.

 

ii)          Leave without pay granted to accept an administrative position will be regarded as distinct and separate from other types of leave without pay such as leave without pay for personal reasons or leave to relieve as a Federation officer.

 

iii)         Leave without pay granted for this purpose will count for incremental progression on resumption of duty in the teaching service.

 

iv)         A teacher who accepts an administrative position with the Federation for more than six consecutive years must resign from the Education Teaching Service.  This would be extended, in the instance of an officer being elected at a by-election after the beginning of a triennial term of office, for the balance of that triennial period. 

 

v)          Leave without pay for personal reasons to continue as an officer in the Federation will not be approved. 

 

b)            Superannuation Contributions

 

As the Federation is an employer in accordance with Schedule 111 of the State Superannuation Act 1916, the Federation will be responsible for payment of at least the employer’s current liability for superannuation contributions throughout the total period of the teacher’s leave without pay.

 

c)            Application for Re-Appointment by Teachers Defeated at Election

 

i)           Teachers granted leave without pay who seek election but are defeated or who do not seek re-election must apply to return to schools and must make application for reappointment as soon as possible.  For this purpose the six year limit will be flexible to allow sufficient time for notification of election results and the timing of the teacher’s return to duty.

 

ii)          A teacher in the above situation who does not wish to immediately return to the Education Teaching Service may seek leave without pay for personal reasons (if they have sufficient leave to credit) providing this meets departmental convenience.  Applications for leave should be submitted to Teacher Services.

 

iii)         In line with current policy concerning teachers who are granted leave without pay for personal reasons, teachers on leave without pay elected to administrative positions with the Teachers Federation who are seeking re-appointment with the Department will be guaranteed an appointment at the expiration of the leave without pay subject to the availability of a suitable position.

 

d)            Long Service Leave

 

i)           Where a teacher is granted leave without pay to accept an administrative position with the Federation, the leave will not initially count for long service leave purposes.

 

ii)          In the case of teachers who return to the Education Teaching Service at the expiration of this leave, the Federation will be responsible for meeting the full (or pro rata cost for teachers with less than ten years) cost of the long service leave accrued during the period of leave without pay.  The cost will be calculated at the salary rate applicable at the time of the teacher’s return to the Education Teaching Service.  The period of leave without pay will then be counted as service for long service leave purposes.

 

This provision will not apply for any period of leave without pay for personal reasons approved as per c) ii) above. 

 

iii)         In the case of teachers who resign or retire during or at the expiration of the period of leave without pay with the Federation, no recoup will be carried out and the Federation will be responsible for making payment direct to the officer for the long service leave accrued during the period of leave without pay.

 

iv)         A teacher who retires or resigns during or at the expiration of the period of leave without pay with the Federation will be paid any long service leave for service with the Department at the salary rate which would have been paid by the Department had the officer remained a teacher. 

 

v)          A teacher’s incremental salary on retirement or resignation will be adjusted if the period of leave without pay with the Federation would in itself have led to incremental salary progression.  The teacher will need to resume duty to be eligible for the salary increment, and long service leave entitlements will be paid in accordance with the increased salary.

 

vi)         In the case of teachers who resign with more than five but less than ten years service with the Department, the teacher will receive payment for pro rata long service leave calculated in accordance with Section 4.9.2.

 

e)            Deferred Superannuation Liability Following Retirement or Medical Retirement While on Leave Without Pay

 

For contributors to the State Superannuation Scheme, the deferred superannuation will be accepted by the Department except where:

 

·                  the salary paid by the Federation is greater than the salary which would have been paid by the Department had the officer remained a teacher, the Federation will meet that part of the deferred liability which is referable to the difference; and/or

 

·                  a teacher has worked for twelve years or more (two separate six year terms) and any relevant by-election term with the Federation, the deferred liability will be apportioned between the Department and the Federation according to the time spent working with each.

 

f)             Federation Officers who Previously Resigned from the Education Teaching Service

 

i)           Previous teachers of the Department who have resigned from the Education Teaching Service to accept an administrative position with the Federation will be guaranteed an offer of employment with the Department following the Federation elections in which the officer failed to be re-elected to office or did not stand for re-election subject to the availability of a suitable non executive position.

 

ii)          In the case of teachers who previously resigned from the Education Teaching Service and are employed by the Federation, the Department will not accept any liability for payment of deferred superannuation contributions following the retirement of Federation officers.

 

4.8.22.2    Appointment to Relief Positions

 

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

 

a)            Teachers released to work in relief positions may be granted leave without pay and must submit an application.  Such leave will be regarded as separate from leave without pay granted to teachers to take up full time administrative positions.

 

b)            In respect of contributors to a state government superannuation fund, the current liability superannuation contributions will be paid by the Teachers Federation.

 

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

 

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

 

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

 

f)             Teachers will have right of return to their former position following the expiration of the leave granted, at the beginning of the ensuing term within that school year or at the beginning of the next school year as appropriate.

 

g)            Teachers will not have right of return to their former position if a period of leave or an extension of leave extends beyond the beginning of the following school year.

 

4.8.23         Australian Education Union

 

a)                 The conditions regarding appointment to an administrative position with the Australian Education Union are the same as for the NSW Teachers Federation except for the provisions in respect of superannuation and long service leave.

 

b)                The Australian Education Union is not an “Employer” for the purposes of the State Superannuation Act.  Consequently teachers appointed to an administrative position with the Australian Education Union must make their own arrangements for payment of personal and employer’s current liability superannuation contributions to the appropriate fund.

 

c)                 The period of absence does not count for long service leave purposes.

 

4.8.24         Temporary Release to Other Authorities

 

See Chapter 1 for details.

 

4.8.25         Transport Stoppages

 

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

 

b)                Where it is impracticable for teachers to report to their normal schools they may report for duty to schools more convenient to their home.  In this instance 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 teacher is unable to attend their own or another school they must be granted leave without pay or long service leave to credit.

 

4.8.26         Weddings and Wedding Anniversaries

 

a)                 A teacher may be granted leave without pay for the wedding of a son, daughter, brother, sister or marriage of a parent.

 

b)                Leave for weddings of relatives other than a teacher’s son, daughter, brother, sister or parent will be granted, without pay, only in exceptional circumstances. 

 

c)                 Where family and community service leave has been exhausted, leave without pay for one day may be granted to attend silver, golden, or diamond wedding anniversaries of parents.

 

d)                Leave without pay beyond one day may be granted where travel to the place of the wedding or anniversary necessitates additional absence.

 

4.8.27         Part Time Leave Without Pay

 

4.8.27.1    Eligibility

 

All permanent teachers who have completed the equivalent of two years full time service are eligible to apply for part time leave without pay.

 

4.8.27.2    Duration of Leave and Right of Return

 

a)            Part time leave without pay is available for periods of up to two years after which a teacher must either:

 

i)           resume duty in a full time position; or

 

ii)          seek a change in status to permanent part time work; or

 

iii)         apply for further extensions of part time leave without pay beyond the initial two year period, subject to Departmental approval.

 

b)            Teachers on part time leave without pay will have right of return to their former for the duration of the period of leave.

 

4.8.27.3    Application and Variation

 

a)            Application for part time leave without pay should be made no later than four weeks prior to the commencement of the leave.  However, where leave is sought to commence immediately after a school vacation, the application for leave should be submitted no later than four weeks prior to the last day of the relevant school term.  Applications must be made in fractions of a day ie quarter, half, three quarters of a day or a full day and days to be worked indicated on the application.

 

b)            A minimum of 0.4 equivalent full time must be worked on a set and regular basis each week.

 

c)            A teacher may apply for variation in leave and/or work arrangements at the end of the school year, subject to Departmental approval.

 

d)            Teachers may apply to resume full time employment in their previous positions by giving one month’s notice in writing.  Consideration of requests of this nature will take into account whether a replacement teacher has been engaged. 

 

4.8.27.4    Other Conditions

 

a)            Salary, leave and allowances including locality and climatic allowances will be calculated on a similar basis as for permanent part time work.

 

b)            Subject to the normal provisions, teachers on part time leave without pay are entitled to paid maternity or adoption leave as follows:

 

i)           Where the period of part time leave without pay preceding maternity or adoption leave is 40 calendar weeks or less, paid maternity leave or adoption leave shall be granted at the teacher’s full time rate of pay;

 

ii)          Where the period of part time leave without pay preceding maternity or adoption leave exceeds 40 weeks, paid maternity leave shall be granted at the teacher’s part time rate of pay.

 

c)            Eligibility for transfer and benefit under the Transferred Officers’ Compensation Determination will be the same as for full time teachers.

 

d)                 Any teacher who applies for part time leave without pay and whose application is rejected at the school level has right of appeal to the Director of Personnel Operations through the Manager of Corporate Services (Newcastle).

 

4.8.27.5    Vacation Entitlement

 

“Under Review” as a result of reforms arising from the 2009 teachers’ award outcome

 

4.8.27.6    Relief Duties

 

Teachers on part time leave without pay may undertake relief duties.  See Section 4.8.5 for details. 

 

4.8.27.7    Superannuation

 

See Chapter 12, Superannuation for details.

 

 

 


4.9               Long Service Leave (Extended Leave)

 

This section of the Handbook is currently being updated with details of the enhanced leave provisions that will allow the granting of long service leave (extended leave) after 7 years of completed service and the taking of long service leave (extended leave) at double pay. In the meantime any questions you may have about the new provisions can be referred to the appropriate Employee Services Centre.

 

Teachers in Hunter & Central Coast; New England; North Coast; Northern Sydney; Western Sydney Regions
Contact: email iconNewcastle - Employee services phone icon1300 338 001


Teachers in Illawarra & South Coast; Riverina; South Western Sydney; Sydney; Western NSW Regions
Contact: email iconWollongong - Employee services phone icon1300 338 002

 

4.9.1           General

 

The terms "long service leave" and "extended leave" are identical but the term "long service leave” is used throughout the Handbook as this is the commonly accepted terminology in the Education Teaching Service.

 

a)                 Applications for long service leave should be submitted at least three months in advance.  Teachers seeking to proceed on leave on day 1 of term 1 are to submit their leave application at least three months prior to the end of the school year.

 

b)                Should special circumstances arise such as compassionate or other good reason, shorter notice may be given.

 

c)                 There are no restrictions as to when a period of long service leave may be taken but prior to submitting an application for leave, teachers should exercise their professional judgement with regard to the impact of such leave on the students in the school.

 

d)                In exercising their professional judgement, teachers should also consider the educational and other advantages including vacation leave entitlements, in taking long service leave for a whole school term or terms.

 

e)                If the period for which leave has been applied is not convenient to the school because of reasons such as relief difficulties, educational programs and student needs, then a mutually convenient time may be negotiated between the principal and the teacher.  The personal circumstances of the teacher will also be a relevant factor in negotiating an alternative period of leave. 

 

f)                 Long service leave may be taken on full or half pay or as a combination of full and half pay after completion of ten or more years of paid service.

 

g)                 Teachers are eligible to take a combination of leave without pay and long service leave.  The long service leave must precede the leave without pay except in the case where the leave is being taken prior to resignation or retirement.  Irrespective of teachers’ entitlements, they do not have to exhaust accrued long service leave prior to the commencement of leave without pay.

 

h)                Long service leave accrued between five and ten years cannot be taken as leave.  The monetary value of this leave may be paid on resignation or termination of services depending upon the reason.

 

i)                  In the case of permanent part time teachers the same entitlements accrue, however leave is paid at the prevailing full time equivalent.

 

j)                  Teachers are not permitted to undertake paid employment (including temporary or casual employment) whilst on long service leave with the exception of educational employment while interstate or overseas.

 

k)                 Long service leave will not be granted on a part time basis.

 

l)                  Teachers will not be granted approval to work while on long service leave unless the Department determines that special circumstances exist.

 

4.9.2           Entitlement

 

4.9.2.1       Calculation of Entitlement

 

a)            For service between five years and ten years:

 

i)           on the completion of five years service the entitlement is one calendar month on full pay;

 

ii)          for each completed year in excess of five years the entitlement is six calendar days;

 

iii)         for each completed month of service after five years the entitlement is a half calendar day.

 

b)            For service of ten years or more:

 

On completion of ten years service teachers are eligible for two calendar months leave on full pay and for fifteen calendar days for each completed year of service after ten years - refer to Table 1.  Entitlement for portions of a year are detailed in Table 2.


                     Long Service Leave Entitlement for Completed Years of Service of 10 Years or More

 

Table 1

 

 

                                Period of Service

 

                              Period of leave due

 

                                        10 years

                                        11 years

                                        12 years

                                        13 years

                                        14 years

                                        15 years

                                        16 years

                                        17 years

                                        18 years

                                        19 years

                                        20 years

                                        21 years

                                        22 years

                                        23 years

                                        24 years

                                        25 years

                                        26 years

                                        27 years

                                        28 years

                                        29 years

                                        30 years

                                        31 years

                                        32 years

                                        33 years

                                        34 years

                                        35 years

                                        36 years

                                        37 years

                                        38 years

                                        39 years

                                        40 years

                                        41 years

                                        42 years

                                        43 years

                                        44 years

                                        45 years

                                        46 years

                                        47 years

                                        48 years

                                        49 years

                                        50 years

 

2 months

2 months 15 days

3 months

3 months 15 days

4 months

4 months 15 days

5 months

5 months 15 days

6 months

6 months 15 days

7 months

7 months 15 days

8 months

8 months 15 days

9 months

9 months 15 days

10 months

10 months 15 days

11 months

11 months 15 days

12 months

12 months 15 days

13 months

13 months 15 days

14 months

14 months 15 days

15 months

15 months 15 days

16 months

16 months 15 days

17 months

17 months 15 days

18 months

18 months 15 days

19 months

19 months 15 days

                                      20 months

                               20 months 15 days

                                      21 months

                               21 months 15 days

                                      22 months



                                Long Service Leave Entitlement for Service for Part of a Year After 10 Years

 

Table 2

 

 

Period of Service

 

                                   Calendar days

 

12 days to 23 days

24 days to 1 month 5 days

1 month 6 days to 1 month 17 days

1 month 18 days and less than 2 months

2 months to 2 months 11 days

2 months 12 days to 2 months 23 days

2 months 24 days to 3 months 5 days

3 months 6 days to 3 months 17 days

3 months 18 days and less than 4 months

4 months to 4 months 11 days

4 months 12 days to 4 months 23 days

4 months 24 days to 5 months 5 days

5 months 6 days to 5 months 17 days

5 months 18 days and less than 6 months

6 months to 6 months 11 days

6 months 12 days to 6 months 23 days

6 months 24 days to 7 months 5 days

7 months 6 days to 7 months 17 days

7 months 18 days and less than 8 months

8 months to 8 months 11 days

8 months 12 days to 8 months 23 days

8 months 24 days to 9 months 5 days

9 months 6 days to 9 months 17 days

9 months 18 days and less than 10 months

10 months to 10 months 11 days

10 months 12 days to 10 months 23 days

10 months 24 days to 11 months 5 days

11 months 6 days to 11 months 17 days

11 months 18 days and less than 12 months

12 months

 

½

1

2

3

4

5

6

7

8

9

10

10½

11

11½

12

12½

13

13½

14

14½

15

 

4.9.2.2       Effect of Leave Without Pay

 

a)            Except for the circumstances outlined in c) below, prior to the completion of ten years paid service, leave without pay does not count as service for long service leave purposes.

 

b)            On completion of ten years paid service, leave without pay counts as service under the following conditions:

 

·                  any period of leave without pay taken prior to 13 December 1963;

 

·                  any period of leave without pay not exceeding six months taken after 13 December 1963.

 

c)            Irrespective of a teacher’s length of service, absences without pay count as service for long service leave purposes in the following circumstances:

 

·                  periods of sick leave without pay not exceeding six months;

 

·                  periods during which workers’ compensation is being paid by the Fund Manager;

 

 

·                  absences due to major interruptions to public transport;

 

·                  absences without pay for military purposes.

 

d)            Unauthorised absences do not count as service for long service leave purposes irrespective of a teacher’s length of service.

 

4.9.2.3       Calculation of Leave

 

a)            Long service leave is calculated on a seven day week basis, not a five day week basis.

 

b)         Except as outlined in c) below, when long service leave is taken during service, leave commences from the first working day of absence and expires on the day before resumption of duty.  For example if a teacher takes long service leave up to and including a Friday or requests long service leave as an alternative to leave without pay for a Friday, the period of long service leave concludes on the Sunday and the Saturday and Sunday are debited as long service leave.  In the case of a part time  teacher the long service leave continues until the day prior to the next working day of the part time program.

 

c)            If a period of long service leave is taken immediately prior to a school vacation, long service leave expires on the last day of term and neither the weekend nor school vacation is debited as long service leave.

 

d)            Weekends and/or public holidays occurring during a period of long service leave are debited as long service leave.

 

e)         If long service leave is granted for a short period not immediately preceding a weekend or public holiday, the following conversion scale applies:

 

 

            Period Taken

 

                Long Service Leave Debited

 

                             1 day

                            2 days

                            3 days

                            4 days

 

1 day

3 days

4 days

6 days

 

f)             The minimum period of long service leave that may be taken is half a day.

 

4.9.2.4       Advice Regarding Entitlement

 

a)            A teacher may obtain their long service leave entitlement via the Department’s online leave enquiry service at www.schools.nsw.edu.au (click on “Employment With Us” and then click on “Leave”).

 

b)            Verbal advice regarding a teacher’s leave entitlement can be obtained from the personnel support officer in the local district office.

 

c)            Teachers requiring written advice of their entitlements should forward a written request to Teacher Services Unit.

 

4.9.3           Payment of Salary While on Long Service Leave

 

a)                 When completing an application for leave, teachers should nominate their choice in respect of payment, as salary may be paid by normal fortnightly instalments or by lump sum payment in advance.

 

 

 

b)                If a lump sum payment is requested but the period of long service leave spans two financial years, teachers should consider electing to receive two payments so that taxation is levied in the financial year in which the salary is actually earned.  In order to effect this, teachers should nominate one payment at the commencement of the leave and a second payment on or after 1 July.

 

c)                 Where a period of long service leave is taken immediately before or after a school vacation or spans a vacation, although the period of the vacation is not debited as long service leave, if payment in advance is requested, vacation pay is also paid in advance.

 

d)                Where a teacher elects to take an advance payment, taxation instalments at the normal rate, superannuation and miscellaneous deductions are calculated for the whole period and the total amounts are deducted in advance.

 

4.9.4           Payment of Allowances While on Long Service Leave

 

a)                 Subject to d) below, annual allowances specified in the current Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award are payable while on long service leave.

 

b)                A principal’s expense allowance is payable while on long service leave.

 

c)                 Payment of a higher duties allowance is limited to an aggregate period of 21 days in any period of twelve months.

 

d)                Locality allowances paid under the provisions of the Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award are not payable while on long service leave.

 

e)                Living, disability and travelling allowances are not payable while on long service leave.

 

f)                 Allowances which are paid on a daily basis are not payable while on long service leave.

 

4.9.5           Right of Return

 

a)                 Teachers have right of return to their school if they take a period of long service leave.

 

b)                Dependent on the type of leave and length of absence, right of return may not be retained when long service leave is combined with another category of leave.

 

4.9.6           Long Service Leave Concurrent with Other Leave

 

a)                 Long service leave may be taken concurrent with another category of leave and utilised to supplement a period of half or no pay leave.  For example half pay sick leave or half pay maternity leave may be taken concurrently with half pay long service leave, thus enabling the teacher to be paid full salary.  Similarly, unpaid sick leave or unpaid maternity leave may be taken concurrently with full or half pay long service leave.  Long service leave may not be taken concurrently to make up salary for the days of part time leave without pay or part time maternity leave without pay.

 

b)                In compassionate circumstances such as those covered by family and community service leave, teachers may elect to take long service leave in lieu of no pay where they have exhausted their family and community service leave entitlement or because the length of absence is not covered by family and community service leave.

 

 

c)                 Teachers wishing to have a period of half or no pay concurrent with long service leave should indicate appropriately when making the application for leave.

 

d)                Teachers should note that the long service leave is deducted on a seven day per week basis.

 

4.9.7           Sickness While on Long Service Leave

 

a)                 A teacher who becomes ill while on long service leave and who has sick leave to credit, may apply to have the long service leave recredited.  To be eligible for a recredit of long service leave the teacher must have been ill for at least a period of five continuous working days.  The five day period must occur during the long service leave.

 

b)                The application must be accompanied by a medical certificate stating the nature and duration of the illness.

 

c)                 This provision applies to teachers on long service leave prior to retirement.  It does not apply to teachers on long service leave prior to resignation or termination of services.

 

d)                A teacher’s vacation entitlement will not be reduced in situations where the whole or part of a period of long service leave is recredited to sick leave and the leave would not otherwise have incurred a reduction in vacation entitlement.

 

4.9.8           Vacation Leave Entitlement

 

“Under Review” as a result of reforms arising from the 2009 teachers’ award outcome

 

4.9.9           Payment on Resignation or Retirement

 

a)                 Teachers who resign, retire or whose services are terminated, having completed ten years paid service, are paid the monetary value of any long service leave balance.

 

b)                Where a teacher who has not completed ten years actual service but has completed ten consecutive school years service, resigns or retires for any reason, payment of the monetary value of proportionate long service leave will be granted provided:

 

·                      the teacher has not been granted leave without pay and/or taken unauthorised absence;

 

·                      the non-completion of ten years actual service is due to the differential dates in the commencement of the school year.

 

c)                 Where the services of a teacher with at least five years service but less than ten years service are terminated by the Director-General for any reason other than the teacher’s serious and wilful misconduct, payment of the monetary value of proportionate long service leave is made.

 

d)                Teachers who resign or retire having completed more than five years paid service but less than ten years service are paid the monetary value of proportionate long service leave where their reasons for leaving the service includes either illness, incapacity, domestic or other pressing necessity.  Pressing necessity may include marriage, family responsibilities or the impending birth of a child.

 

e)                Teachers with less than ten years service should indicate the reason for leaving the service in the appropriate space on the separation form so that full consideration may be given to whether they are entitled to a proportionate payment of long service leave.

 

f)                 If a teacher is eligible for payment of long service leave on resignation or retirement, it is not necessary to apply for their entitlement as it is automatically calculated and is deposited in the same account to which salary is normally paid.

 

g)                 Where a teacher is resigning to accept employment with a NSW government department the teacher should indicate on the separation form whether they wish for payment to be made for long service leave or for their accrued long service leave entitlement to be transferred to their new employer.

 

4.9.10         Taxation on Long Service Leave

 

a)                 When long service leave is taken as a period of leave during service, taxation instalments are deducted at the normal rate in accordance with the teacher’s salary.

 

b)                To avoid paying taxation at a higher instalment rate, teachers who take long service leave spanning two financial years and who require payment in advance, are advised to consider electing two payments - the first payment at the commencement of the leave and the second payment on or after 1 July.

 

c)                 When a long service leave payment is made on resignation or retirement, taxation instalments at the rate of 30 per cent (plus Medicare levy) are deducted from the total money value of unused long service leave accrued after 15 August 1978 and prior to 18 August 1993.  Only 5 per cent of the amount attributed to long service leave accrued to 15 August 1978 is subject to tax at the same rate.

 

Long service leave accrued after 17 August 1993 is taxable at normal taxation rates.

d)                         In the case of medical retirement, taxation instalments at the rate of 30 per cent (plus Medicare levy) are deducted from the total money value of unused long service leave accrued after 15 August 1978. 

 

The separate taxation rates after 17 August 1993 do not apply.

 

4.9.11         Long Service Leave Prior to Resignation or Retirement

 

a)                 Teachers who take long service leave immediately prior to resignation or retirement can indicate whether or not they are going to relinquish their position from the commencement of the period of leave.  An appropriate election should be made with the application for leave. 

 

b)                While it is not compulsory to relinquish a position, in these circumstances it will assist the school in respect of staffing.

 

4.9.12         Payment in the Event of Death

 

a)                 Where a teacher who is eligible for long service leave, dies before taking such leave or while on leave, the monetary value of leave for which payment has not already been made will be paid to:

 

·                      the spouse of the deceased teacher or if none;

·                      the children of the deceased teacher or if none;

·                      any eligible dependent relative of the deceased teacher or if none;

·                      the personal representative of the deceased teacher (ie the estate)

 

b)                These provisions also apply to a teacher who dies after completing more than five years paid service but less than ten years of service.