AT801922 - Victorian Catholic Schools and Catholic Education Offices Award 1998 [Transitional]
14.1 While an employee has the right to apply for leave without pay, the granting of such leave is at the discretion of the employer.
14.2 Leave without pay does not break continuity of service but is not to be taken into account in calculating the period of service for any purpose of this award where the period of leave without pay is in excess of fifteen days in a school year.
14.3 Leave without pay diminishes the entitlement an employee would otherwise have to School Holidays, annual leave and leave loading under this award for periods of leave without pay in excess of fifteen days, in that school year, in direct proportion to the amount of leave without pay taken.
14.3.1 If an employee is granted extended leave without pay, (i.e. four months or more) the question of the employee’s specific duties on return to work should be considered before the granting of such leave and any arrangements made should be documented. If no such prior arrangement is made, an employee upon return to work shall be entitled to a position commensurate with their qualifications and experience in the case of Principals and teachers or at the same Level of Classification in the case of School Officers, Education Officers, Senior Education Officers and Catholic Education Office Clerical Employees.
14.3.2 When an employee is on extended leave without pay, the employee shall confirm an intention to return to work between ten and seven working weeks prior to the expiry of the leave.
14.3.3 If no confirmation of an intention to return to work is received, within seven working weeks prior to the expiry of the leave, the employee shall not be entitled to return to duty until the notice prescribed in 14.3.2 above has been given in writing to the employer. Provided that the employer has the right to require that an employee shall recommence duty either on the recommencement day originally approved or at the commencement of the next school term after the notice period expires or at any other time agreed by employer and the employee. Such notice must be given prior to the expiration of the leave and must contain reasons why the required notice was not given in accordance with 14.3.2 above.
14.3.4 If an employee does not provide written notice of a return to work in accordance with 14.3.2 and no arrangement has been made in accordance with 14.3.3, the employer shall be entitled to apply, from the date of expiry of the approved leave without pay, the provisions of 9.4.
