Understanding your personal leave entitlements as an educator is crucial. This article aims to provide a clear explanation of these rights as outlined in the Victorian Government Schools Agreement 2022.

When Can Personal Leave Be Accessed?

Personal leave can be used when you’re absent due to personal illness or injury, or when you need to care for an immediate family or household member who is sick, injured, or requires care due to an unexpected emergency.

You don’t need permission to access personal leave. The very nature of personal leave is that it’s for unforeseen circumstances or emergencies.

Personal Leave Accrual

When you are first employed in a Victorian public school, you are credited with 114 hours of personal leave on full pay (15 days for a full-time teacher). Each subsequent year of service entitles you to another 114 hours of leave, which accrues. This means that if you don’t use all of your personal leave each year, it will carry over for the next year.

Personal Leave in the First Year and Fixed Term Employment

If you use all of your personal leave in your first year of employment, you can access future personal leave credits up to 15 days. However, if you’re employed for one or more fixed periods, you can’t accrue more than 15 days of personal leave in any year.

The Victorian Department of Education has done this as many new teachers experience an increase in illness when they first enter the classroom. This provision in the Agreement means that new teachers can still get paid when they inevitably get sick.

Personal Leave and Pregnancy

You will not be entitled to personal leave for personal illness or injury solely due to being pregnant. However, if you fall ill as a result of pregnancy or childbirth, you can access personal leave.

Simply put, being pregnant isn’t a reason to take personal leave. Any complications or illnesses as a result of pregnancy though, are.

Exhausted Personal Leave Credits

If you’ve exhausted your personal leave credits in a year, you will be granted further personal leave to care for an immediate family or household member, with pay, up to a maximum of three days (for a full-time employee). This is a great provision for carers and those with young families. If you do still need to care for an unwell family or household member, you can access unpaid leave.

Applying for Personal Leave

Applications for personal leave must be supported by a document, such as a medical certificate. This document should indicate that you are unfit for duty for the period of leave or that a family or household member requires care or support due to illness, injury, or an unexpected emergency.

Personal Leave Without Required Document

You may be granted up to five days of personal leave in a year without a required document, provided the continuous absence doesn’t exceed three days. However, the employer may still require a required document under certain circumstances, including when the absence occurs before or after a school holiday period, a public holiday, a professional learning day, or if the authenticity of the illness or injury is in doubt.

Casual Employees

Casual employees are entitled to not be available to work, or to leave work, under certain circumstances, such as needing to care for family members or due to the death of a family member. However, they are not entitled to payment for the period of non-attendance.

Health Concerns at the Workplace

If your employer reasonably believes that your state of health may endanger you or others at the workplace, they may require you to take personal leave until a medical practitioner examines you and provides a report to the employer. If the report indicates that you are unfit for duty, you will be granted further personal leave as necessary.

Conclusion

Personal leave entitlements are key rights that ensure you can take care of your health and the well-being of your family members without jeopardizing your job. Understanding these rights can help you maintain a healthy work-life balance. For further clarity, consider discussing with your employer or union representative.

FAQ: Unpacking Personal Leave Entitlements for Teachers

Q1: When can I access personal leave?

A: You can access personal leave when you are absent due to personal illness or injury. It can also be accessed when you need to care for an immediate family or household member who is sick, injured, or requires care due to an unexpected emergency.

Q2: How many personal leave days do I accrue each year?

A: Upon commencement of employment, you are credited with 114 hours (15 days for a full-time teacher) of personal leave on full pay. Each subsequent year of service entitles you to a similar accrual.

Q3: What happens if I exhaust my personal leave credits in the first year of employment?

A: In the first year of employment, if you exhaust your personal leave credits, you can access future personal leave credits up to a maximum of 15 days.

Q4: Can I take personal leave due to pregnancy?

A: You are not entitled to personal leave due to pregnancy alone. However, if you become ill as a result of pregnancy or childbirth, you can access personal leave.

Q5: What happens if I exhaust all my personal leave credits?

A: If you’ve used up all your personal leave credits in a year, you are still granted up to three additional days (for a full-time employee) to care for an immediate family or household member.

Q6: What do I need to provide when applying for personal leave?

A: You need to provide a required document, such as a medical certificate, stating that you are unfit for duty for the period of leave or that a family or household member requires care or support due to illness, injury, or an unexpected emergency.

Q7: Can I take personal leave without a required document?

A: Yes, up to five days per year can be granted without a required document, provided the continuous absence doesn’t exceed three days. However, the employer may still require a required document under certain circumstances.

Q8: What are the personal leave entitlements for casual employees?

A: Casual employees can take leave under certain circumstances, such as needing to care for family members or due to the death of a family member. However, they are not entitled to payment for the period of non-attendance.

Q9: What happens if my health condition may endanger others at the workplace?

A: If your employer reasonably believes that your state of health may endanger you or others at the workplace, they may require you to take personal leave until a medical practitioner examines you and provides a report to the employer. If the report indicates that you are unfit for duty, you will be granted further personal leave as necessary.