AT801922 - Victorian Catholic Schools and Catholic Education Offices Award 1998 [Transitional]
7. ANNUAL LEAVE, SCHOOL HOLIDAY PAY & LEAVE LOADING
7.1 Annual leave
7.1.1 An Education Officer, Senior Education Officer, Catholic Education Office Clerical and Administrative Employee or Category A Placed Teacher is entitled to four weeks paid annual leave, exclusive of public holidays, after the completion of a year of service determined in accordance with clause 22 - Service continuity to be taken at a mutually agreed time, or failing agreement within six months of the leave falling due.
[7.1.2 substituted by PR907794 PR962601; PR969567 ppc 03Feb06]
7.1.2 Category A School Officer, and a Category A or D Schools Services Officer is entitled to four weeks paid annual leave after the completion of a year of service determined in accordance with clause 22 – Service continuity, to be taken, unless otherwise agreed, during the school holidays.
7.1.2(a) To assist employees in balancing their work and family responsibilities, an employee with an entitlement to four weeks annual leave may elect, with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date of entitlement.
7.1.2(b) Where solely as a result of the introduction of this clause an employee carries over leave and the two year carry-over period ends an employer may with the provision of reasonable notice to the employee direct an employee to proceed on leave.
[7.1.3 inserted by PR962601 ppc 13Sep05]
7.1.3 A Category A School Officer, a Category A or D Schools Services Officer who suffers personal ill health or accident, covered by clause 13.5.3, whilst on annual leave is entitled to have an equivalent period of Annual Leave recredited and the same period of accrued sick leave deducted provided that;
(i) the period of illness is not less than 5 days and
(ii) the employee provides a medical certificate as soon as practicable.
[7.1.3 renumbered as 7.1.4 by PR962601 ppc 13Sep05]
7.1.4 With the consent of the employer, annual leave may be:
7.1.4(a) taken in two or more separate periods and/or
7.1.4(b) taken in advance
provided that where a workplace is closed, the employee may choose to take the period of closure as either leave without pay or annual leave in advance.
[7.1.4 renumbered as 7.1.5 by PR962601 ppc 13Sep05]
7.1.5 Where the employee requests payment in advance for the period of the annual leave, payment shall be made in advance, provided that at least four weeks notice is given to the employer.
7.2 Pro rata annual leave
7.2.1 A Category A School Officer, a Category A or D School Services Officer, Education Officer, Senior Education Officer, Catholic Education Office clerical and administrative employee or Category A Placed Teacher is entitled to a pro-rata payment of four weeks annual leave on termination of employment.
7.2.2 A pro-rata entitlement to annual leave shall be calculated on the following basis:
Number of weeks worked |
x |
4 |
x |
employees weekly rate of pay |
48 |
from which result shall be deducted any amount already paid for annual leave.
7.3 School holiday pay
7.3.1 Subject to 7.4, a Primary School Principal, Deputy Principal, Teacher, Category B Placed Teacher, Curriculum Adviser, Category B School Officer and Category B School Services Officer is entitled to school holidays without deduction of pay.
7.3.2 Subject to 7.4, a Category C School Officer and Category C School Services Officer is entitled to seven weeks of the school holidays without deduction of pay.
7.4 Pro-rata school holiday pay
[7.4.1 substituted by PR907794 ppc 27Apr01; varied by PR962601 ppc 13Sep05]
7.4.1 A Primary School Principal, Deputy Principal, teacher, Category B School Officer, Category B School Services Officer, Curriculum Adviser, or Category B Placed Teacher has a pro-rata entitlement to school holidays without deduction of pay and a Category C School Officer and a Category C School Services Officer has a pro-rata entitlement to seven weeks of the school holidays where:
7.4.1(a) an employee is employed for less than the school year and/or
7.4.1(b) an employee is absent on approved unpaid leave in excess of fifteen days during the school year
provided that this provision shall not be applied where an employee has moved from one employer to another employer during the school year without breaking continuity of service (as defined in clause 22 - Service continuity).
[7.4.2 substituted by PR907794 ppc 27Apr01; varied by PR962601 ppc 13Sep05]
7.4.2 Pro-rata school holiday pay shall be calculated on the following basis:
7.4.2(a) Primary School Principals, Deputy Principal, Teachers, Category B School Officers, Category B School Services Officers, Curriculum Adviser and Category B Placed Teachers.
Number of weeks worked |
x |
10 |
x |
employees weekly rate of pay |
42 |
from which result shall be deducted the amount already paid for school term holidays.
7.4.2(b) Category C School Officers or Category C School Services Officer.
Number of weeks worked |
x |
7 |
x |
employees weekly rate of pay |
45 |
from which result shall be deducted the amount already paid for school term holidays.
7.4.2(c) For the purposes of this clause a working week is any week in the school year, as defined, regardless of the number of working days in that week.
7.5 Variation of hours or nature of employment
7.5.1 Variation of hours of part-time employment
If during a year, the number of hours of a part-time employee are changed, in accordance with 29.6 there shall be a proportionate adjustment to amounts payable under 7.1, 7.3 and 7.6.
7.5.2 Variation of full-time/part-time employment
If during a year, an employee changes from part-time to full-time or vice-versa, then at the time of such variation all entitlements under sub 7.1, 7.3 and 7.6 shall be calculated and paid. Save that, at the request of the employee, such payment may be withheld until either the time at which the employee takes annual leave or school holidays, or employment is terminated.
7.6 Leave loading
7.6.1 An employee who has an entitlement to paid annual leave or school holiday pay in accordance with 7.1.1, 7.1.2, 7.3.1 or 7.3.2, shall receive a loading of 17.5% on four weeks pay at the employee’s weekly rate of pay.
7.6.2 The leave loading shall be paid no later than within the last two working weeks of the school year, or at the time of termination of employment as appropriate.
7.6.3 An employee who has an entitlement to a pro-rata period of leave or a pro-rata school holiday pay shall be entitled to a pro-rata leave loading calculated on the following basis:
[7.6.3(a) substituted by PR907794 ppc 27Apr01; varied by PR962601 ppc 13Sep05]
7.6.3(a) Category A School Officers, Category A and D School Services Officers, Education Officers, Senior Education Officer Curriculum Advisor, Catholic Education Office Clerical and Administrative Employee or Category A Placed Teacher.
number of weeks worked |
x 4 x 17.5% x employee’s weekly rate of pay |
48 |
[7.6.3(b) substituted by PR907794 ppc 27Apr01; varied by PR962601 ppc 13Sep05]
7.6.3(b) Primary School Principal, Deputy Principal, teacher, Category B School Officer, Category C School Services Officer or Category B Placed Teacher.
number of weeks worked |
x 4 x 17.5% x employee’s weekly rate of pay |
42 |
[7.6.3(c) substituted by PR907794 ppc 27Apr01]
7.6.3(c) Category C School Officer and Category C School Services Officer.
number of weeks worked |
x 4 x 17.5% x employee’s weekly rate of pay |
45 |
7.7 Emergency teachers and casual or relieving employees
An emergency teacher, casual employee or relieving employee, shall not be entitled to paid annual leave or school holidays.
7.8 Category B School Officer Category B School Services Officer recall
[7.8 substituted by PR907794 ppc 27Apr01]
Notwithstanding 7.3.1 above, a Category B School Officer may be recalled to duty during school holiday periods up to a maximum of six days in each school year. Such days shall immediately follow the end of a term or immediately precede the beginning of a term except where there is agreement between the employer and the employee that the recall should occur at another time. The School Officer and Category B School Services Officer should be given as much notice of recall as possible but shall be given at least four working weeks notice of a recall, except in the case of an emergency an employer may not be able to give that notice and the employee may not be able to comply with the recall. Part-time employees are subject to the same recall on a pro rata basis.
7.9 The employee’s weekly rate of pay for all purposes of this clause shall be the rate applicable to that employee on 1 December of that year or at the date of termination of employment.
