AN120537 – Teachers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award 2006
14.1 Bereavement Leave
(a) A teacher shall on the death of a spouse, father, mother, father-in-law, mother-in-law, grandparent, brother, sister, child, stepchild or grandchild of the teacher be entitled to paid leave up to and including the day of the funeral of such relative. Such leave shall not exceed three school days. A teacher may be required to provide the employer with satisfactory evidence of such death.
(b) Where a teacher takes bereavement leave in accordance with paragraph (a) of this subclause an employer, in their absolute discretion, may grant the teacher additional leave as leave without pay or leave with pay.
(c) Where a teacher requests leave to attend a funeral of a person not specified in paragraph (a) the employer in their absolute discretion may grant the teacher leave as leave without pay or bereavement leave with pay.
(d) Where an employer grants a teacher leave with pay in accordance with paragraphs (b) or (c) of this subclause, such leave will be deducted from the teacher’s entitlement to sick leave in accordance with clause 10, Sick Leave.
(e) Bereavement Leave shall be available to the teacher in respect to the death of a person in relation to whom the teacher could have utilised Personal/Carer’s Leave in Clause 11, provided that for the purpose of Bereavement Leave, the teacher need not have been responsible for the care of the person concerned.
(f) Bereavement Leave may be taken in conjunction with other leave available under subclause 11.4 of Clause 11, Catholic Personal/Carer’s Leave. In determining such a request the employer will give consideration to the circumstances of the teacher and the reasonable operational requirements of the business.
(g) Bereavement Entitlement for Casual Teachers
(i) Casual teachers are entitled to not be available to attend work, or to leave work upon the death in Australia of a person in relation to whom the teacher could have utilised Catholic Personal/Carer’s Leave in 11.5, provided that for the purpose of this bereavement entitlement, the casual teacher need not have been responsible for the care of the person concerned. A casual teacher must notify the employer as soon as practicable of their intention to access this entitlement and may be required to provide the employer with satisfactory evidence of such death.
(ii) The employer and the teacher shall agree on the period for which the teacher will be entitled to not be available to attend work. In the absence of agreement, the teacher is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual teacher is not entitled to any payment for the period of non-attendance.
(iii) An employer must not fail to re-engage a casual teacher because the teacher accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual teacher are otherwise not affected.
14.2 Military Reserve Leave
Military Reserve Leave - A teacher who is a member of the Australian Military Reserve or other Australian military forces shall be granted unpaid leave for the purpose of attending any compulsory camp or posting.
14.3 Examination Study Leave
Any teacher who, for the purpose of furthering teacher training, enrols in any course at a recognised higher education institution, shall be granted leave:
(a) with pay on the day of any examination required in the course;
(b) without pay for the purpose of attending any compulsory residential school which is a part of such course.
14.4 Jury Service
(a) A full time or part-time teacher required to attend for jury service during ordinary working hours shall be provided with paid leave for this purpose. The teacher shall be required to reimburse to the employer any monies payable to the teacher for such attendance (excluding reimbursement of expenses) which required the teacher’s absence from school.
(b) The teacher shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service. The teacher shall provide to the employer a copy of the summons to attend jury duty and a record of payments received as proof of attendance.
14.5 Short Community Service
Where a teacher’s involvement in a community service activity has been approved by the employer after consideration of the needs of the school, a teacher shall be entitled to paid leave of not more than five days in any school year (unless agreed with the employer) for emergency leave for service to the community. Examples of purposes for which such leave may be granted include to work in the State Emergency Service or Volunteer Fire Brigade.
14.6 Overseas Volunteer Programs
(a) A full-time or part-time teacher shall be entitled to leave without pay to work in a recognised overseas volunteer program in accordance with this sub-clause. Such leave shall normally be granted for one year but may be granted for up to two years if required by the relevant volunteer program and agreed by the employer.
(b) A teacher is eligible for leave after completion of five years continuous service with the employer. An application for leave shall be accompanied by evidence of approval to work in the scheme and the proposed period of leave.
(c) Such leave without pay shall not count as service with the employer for the purpose of long service leave.
