AN160177 – Independent Schools Psychologists and Social Workers Award
(1) Subject to subclause (2)
(a) A psychologist or social worker who has completed ten (10) years' continuous service with an employer shall be entitled to thirteen (13) weeks' paid long service leave.
(b) For each subsequent period of ten (10) years' service a psychologist or social worker shall be entitled to an additional thirteen (13) weeks' paid long service leave.
(c) On termination of the psychologist’s or social worker’s employment in any circumstances otherwise than for serious misconduct the psychologist or social worker shall be entitled to payment of long service leave in respect of the number of years’ service with the employer completed since the psychologist or social worker last became entitled to an amount of long service leave of a proportionate amount on the basis of thirteen (13) weeks’ for ten (10) years’ service.
(2) The expression "continuous service" does not include:
(a) Any period exceeding two weeks during which the psychologist or social worker is absent on leave without pay. In the case of leave without pay which exceeds eight (8) weeks in a continuous period, the entire period of leave is excised in full.
(b) Any service of a psychologist or social worker who resigns or is dismissed, other than service prior to such resignation or prior to the date of any offence in respect of which he/she is dismissed by the employer, when that prior service has actually entitled the person to long service leave under this clause.
Provided that continuous service includes any period during which the psychologist or social worker is stood down for up to five (5) weeks each year in accordance with his/her contract of service.
(3) Any public holiday which occurs during the period a psychologist or social worker is on long service leave shall be treated as part of the long service leave and extra days shall not be granted.
(4) Where a psychologist or social worker has become entitled to a period of long service leave in accordance with this clause, the psychologist or social worker shall commence such leave as soon as possible after the accrual date in a manner and at a time mutually agreed between the employer and the psychologist or social worker.
(5) Payment for long service leave shall be made in full before the psychologist or social worker goes on leave or by agreement between the psychologist or social worker and the employer, at the same time as the psychologist's or social worker's salary would have been paid if the psychologist or social worker had remained at work in which case the payment shall be made by arrangement between the psychologist or social worker and the employer.
(6) Where a psychologist or social worker has completed at least seven (7) years' service but less than ten (10) years' service and employment is terminated -
(a) by the psychologist's or social worker's death; or
(b) in any circumstances, otherwise than serious misconduct;
the amount of leave shall be such proportion of 13 weeks' leave as the number of completed years of such service bears to ten (10) years.
(7) In the case to which subclause (6) of this clause applies, and in any case in which the employment of the psychologist or social worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall:
(a) upon termination of employment otherwise than by death, pay to the psychologist or social worker a sum equivalent to the amount which would have been payable in respect of the period of leave to which he/she is entitled or deemed to have been entitled and which would have been taken but for such termination;
(b) upon termination of employment by death, pay to the executor of the psychologist's or social worker's estate, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he/she is entitled or deemed to have been entitled and which would have been taken but for such termination.
Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder.
(8) Where the continuous service of a psychologist or social worker during the accrual period contains any period where the psychologist’s or social worker’s hours were less than those of a full time psychologist or social worker , the psychologist’s or social worker’s entitlement shall be calculated as follows:
(a) the number of weeks accrued shall be in accordance with subclause (1) above; and
(b) payment for the leave taken shall be the average that the psychologist’s or social worker’s hours bears to that of a full time psychologist or social worker over the accrual period.
