AP802001CRV - Victorian Independent Schools - Teachers - Award 1998
[26 inserted by PR969844 ppc 02Feb06]
The provisions of this clause apply to full-time and regular part-time teachers (on a pro-rata basis) but do not apply to emergency teachers.
26.1 Definitions
The term immediate family includes:
26.1.1 spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the teacher. A de facto spouse means a person of the opposite sex to the teacher who lives with the teacher as his or her husband or wife on a bona fide domestic basis; and
26.1.2 child or an adult child (including an adopted child, a step-child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the teacher or spouse of the teacher.
26.2 Amount of paid personal leave
26.2.1 Paid personal leave will be available to a teacher, when the teacher is absent:
26.2.2 A full-time teacher entitled to 15 days of paid personal leave in each year of service.
26.2.3 Unused personal leave accrues from year to year.
26.2.4 Personal leave may be taken for part of a single day.
26.3 Personal leave for personal injury and sickness
26.3.1 Personal leave for personal injury and sickness is leave to which a teacher is entitled without loss of pay because the teacher is unable to perform the teacher’s duties by reason of personal illness or injury.
26.3.2 Entitlement
26.3.2(a) The amount of personal leave a teacher may take as sick leave depends on how long the teacher has worked for the employer and accrues as follows:
26.3.2(a)(i) in the first year of service, six days during the first term worked and thereafter, an additional three days at the commencement of each subsequent school term; and
26.3.2(a)(ii) in the second and each subsequent year of service, 15 days at the commencement of that year.
26.3.2(b) Accumulated personal leave may be used for sick leave if the current sick leave entitlement is exhausted.
26.3.3 Evidence supporting claim
A teacher is entitled to sick leave provided that:
26.3.3(a) the teacher produces a medical certificate or other evidence satisfactory to the employer for any absence of more than two consecutive days;
26.3.3(b) if so required by the employer, the teacher provides a medical certificate or other evidence satisfactory to the employer for any absence continuous with a holiday to which the teacher is entitled and which would not otherwise require the production of a certificate;
26.3.3(c) the teacher produces a medical certificate or other evidence satisfactory to the employer where the number of days of paid sick leave already taken without the production of a medical certificate or other evidence satisfactory to the employer exceed five days in the one year.
26.3.4 Sick leave whilst on long service leave
An employer may require a teacher who claims sick leave whilst on long service leave to be examined by a legally qualified medical practitioner who is reasonably accessible to the teacher.
26.3.5 Infectious diseases leave
26.3.5(a) Subject to 26.3.5(b), a teacher who is suffering from one of the infectious diseases known as:
and the Principal is satisfied on medical evidence that the teacher has contracted the disease through a contact at the school and the disease is evident in the school, the teacher will be granted special leave without deduction of pay.
26.3.5(b) The teacher must produce a medical certificate which specifically names the disease.
26.4 Personal leave to care for an immediate family or household member
26.4.1 Subject to 26.4.2 and 26.4.3 a teacher is entitled to use the teacher’s personal leave to care for members of the teacher’s immediate family or household who are sick and require care and support or who require care due to an unexpected emergency.
26.4.2 The entitlement in 26.4.1 is subject to the teacher being responsible for the care and support of the person concerned. In normal circumstances a teacher is not entitled to take leave for this purpose where another person has taken leave to care for the same person.
26.4.3 Except as provided for in 26.4.4 not more than ten days of personal leave can be used in a year by a teacher for the purposes set out in 26.4.1. This limit applies to the teacher’s total accrued personal leave which includes any untaken personal leave from the current year’s entitlement and any untaken personal leave which has accumulated from previous years.
26.4.4 By agreement between an employer and an individual teacher, the teacher may access an additional amount of the teacher’s accrued personal leave for the purposes set out in 26.4.1, beyond the relevant limit set out in 26.4.3. In such circumstances, the employer and the teacher shall agree upon the additional amount that may be accessed.
26.5 Notice required for personal leave to care for an immediate family or household member
26.5.1 The teacher must, where practicable, give the employer notice prior to the absence of the intention to take leave.
26.5.2 The notice must include:
26.5.3 If it is not practicable for the teacher to give prior notice of absence, the teacher must notify the employer by telephone of such absence at the first opportunity on the day of absence.
26.6 Evidence supporting claim for personal leave to care for an immediate family or household member
26.6.1 The teacher must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness is such as to require care by another.
26.6.2 When taking leave to care for members of the teacher’s immediate family or household who require care due to an unexpected emergency, the teacher must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the teacher.
26.7 Unpaid leave
Where a teacher has exhausted all paid personal leave entitlements, the teacher is entitled to take unpaid personal leave to care for members of the teacher’s immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the teacher shall agree on the period. In the absence of agreement, the teacher is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided that notice and evidentiary requirements of 26.5 and 26.6 are met.
