AP802001CRV - Victorian Independent Schools - Teachers - Award 1998

PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 

23. ANNUAL LEAVE AND SCHOOL HOLIDAYS

23.1 Application

23.1.1 This clause applies to teachers employed either full-time or part-time on a pro rata basis.

23.1.2 This clause does not apply to part-time teachers employed for less than six (6) hours per week or to emergency teachers.

23.2 Entitlement

23.2.1 A teacher other than in the circumstances prescribed in 23.2.2 is entitled to school holidays without deduction of pay. School holidays are deemed to include annual leave.

23.2.2 An employer may reduce a teacher’s entitlement to school holidays where a teacher has taken unpaid leave in excess of ten working days in any school year pursuant to clause 26 (Personal Leave) or clause 28 (Leave Without Pay).

23.2.3 A teacher’s entitlement to school holidays which has been reduced at the employer’s discretion under 23.2.2 will be calculated on the basis of one third of that teacher’s working weeks (excluding paid holidays already received and periods of unpaid leave).

23.2.4 Where a teacher’s entitlement to paid school holidays has been reduced pursuant to 23.2.2, the period which but for that reduction would have been paid school holidays will be unpaid leave (other than unpaid leave pursuant to clauses 26 and 28) and will be counted as service for all purposes of the award.

23.3 Part-time teacher’s entitlement

A part-time teacher employed pursuant to 14.1 is entitled to school holidays on the same proportionate basis as the teacher’s annual salary is calculated.

23.4 Employment for less than a school year

A teacher who is employed for part only of a school year will be paid a pro rata holiday entitlement calculated on the basis of one third of that teacher’s number of working weeks (excluding paid holiday periods and periods of unpaid leave) at the rate of pay applicable at the time of school holidays or at the time that employment is terminated.