An150158 Teachers (decs) Award
PART 4 - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS
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PART 4 - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS OPDATE 17:12:98 on and from CLAUSE 4.1 CONTRACT OF EMPLOYMENT OPDATE 17:12:98 on and from 1. A teacher, other than an Hourly Paid Instructor may be appointed, permanently or temporarily, in accordance with the Act on a full-time or part-time basis. 2. Hourly Paid Instructors are employed on an hourly basis. CLAUSE 4.2 INCREMENTAL PROGRESSION OPDATE 17:12:98 on and from 1. A teacher appointed under the Act to a position to which a salary scale is prescribed by this award is entitled to progress to the next higher incremental step upon the completion of each 207 duty days served. 2. Duty days accrued as a Contract Teacher are equivalent to days accrued by a person employed as an Officer in the permanent teaching service. 3. Duty days accrued as a Temporary Relieving Teacher accrue at the rate of two thirds of one day for each full day actually worked and one third of one day for each half day actually worked. 4. Duty days accrued as an Hourly Paid Instructor are credited in accordance with the following formula. (1) one incremental step for 300 days or more of such experience to a maximum of step 2 of the teachers salary scale as an Instructor Class IV; (2) one incremental step for each 300 days of such experience to a maximum of step 3 of the aforesaid salary scale as an Instructor Class III; (3) one incremental step for each 250 days of such experience to a maximum of 3 incremental steps or step 6 of the aforesaid salary scale, whichever is the lesser, as an Instructor Class II; (4) one incremental step for each 250 days of experience as an Instructor Class I; Provided that:
5. (1) All `Teaching Experience' is cumulative regardless of where that experience was gained, the nature of that teaching experience, or whether it was accrued in part years. (2) The teacher has the onus of establishing that teaching experience has been accrued and qualifications have been gained which have hitherto not been recognised. Any dispute as to whether this experience should be considered as teaching experience, may be determined by the Commission. 6 (1) No teacher is entitled to advance more than one incremental step for teaching experience gained in or in relation to each period of twelve calendar months and any excess days of teaching experience gained within that period will be disregarded for all purposes. (2) For a full-time teacher the next higher increment falls due on the anniversary of the date from which that teacher's current increment was paid plus the number of calendar days of any leave without pay, taken by that teacher during the period of that teacher's entitlement to the current increment step, calculated as follows:
Where the above formula defers the next incremental date from a date before the 29 February in any leap year to a date after the 29 February, the figure 366 will be substituted for 365 in the formula. (3) The Minister may deem any period(s) of leave without pay to be credited as duty days. 7. A teacher is not entitled to any increment of salary if the Chief Executive, after giving notice to and hearing the teacher, certifies that the conduct, diligence and general efficiency of the teacher during the period preceding the day when the increment would take effect have not been satisfactory. CLAUSE 4.3 ANTI-DISCRIMINATION OPDATE 17:12:98 on and from 1. It is the intention of the parties to this award to achieve the principal object in S.3(m) of the Industrial and Employee Relations Act 1994 by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 2. Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly discriminatory in their effects. 3. Nothing in this clause is to be taken to affect: (1) any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti-discrimination legislation; (2) an employee, employer or registered organisation, pursuing matters of discrimination in State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; PART 5 - SALARIES AND RELATED MATTERS OPDATE 17:12:98 on and from CLAUSE 5.1 SALARIES AND RATES OF PAY OPDATE 17:12:98 on and from Subject to this award the salaries prescribed in Schedule 1 of this award, or calculated in the manner prescribed by this award, are the minimum annual salaries and hourly rates payable to teachers and Hourly Paid Instructors. CLAUSE 5.2 APPORTIONMENT OPDATE 17:12:98 on and from 1. Every rate of salary fixed by this award is the rate for a year and is apportionable in point of time. 2. Except where otherwise expressly provided, if a salary is paid fortnightly, the fortnightly amount will be 6/313 of the annual salary multiplied by two and calculated to the nearest ten cents. 3. Except where otherwise expressly provided, every allowance fixed this by Award is the rate for a year and is apportionable in point time by applying the same method of calculation as provided in sub-clause 5.2.2 of this award. CLAUSE 5.3 SALARIES OF TEACHERS RE-ENGAGED AFTER RESIGNATION OR RETIREMENT OPDATE 17:12:98 on and from If under the Act a teacher is re-engaged after retirement or resignation, he or she is entitled to the salary fixed by this award for the position to which the teacher is appointed, subject to the following conditions: 1. A teacher on re-appointment will be given credit for the academic and professional qualifications whether gained before or after retirement or resignation so far as they are relevant in accordance with Schedule 1 of this award. 2. He or she will, on re-appointment be placed on the same incremental step as the one to which that teacher was entitled immediately prior to leaving the teaching service provided that: (1) there will be a deduction by one incremental step if the teacher has not gained significant teaching experience for a period of five calendar years or more immediately prior to re-appointment providing that the reduction of one incremental step does not reduce the commencing salary to less than the minimum salary provided in accordance with Schedule 1 of this award. (2) additional credit will be given for all other relevant `teaching experience' gained other than as a teacher appointed under the Act after termination of such employment but prior to re-engagement in a manner set out in Schedule 1 of this award. CLAUSE 5.4 PAYMENT OF HIGHER DUTIES OPDATE 17:12:98 on and from 1. A teacher who, at the direction of the Chief Executive performs temporarily the duties of a higher position and performs such duties for a continuous period exceeding one week, will be paid for the whole of such period the salary he or she would receive if appointed to the higher position. 2. This provision:- (1) will not apply in respect of any duties performed due to the absence of a teacher in the vacation period or part thereof, and (2) will not apply to a Contract Teacher or a Temporarily Relieving Teacher who is paid in accordance with the provisions of Clause 5.6 of this award; and (3) will apply to a permanent relieving teacher who is paid in accordance with Clause 5.5 of this award on the basis that such teacher will be paid the salary normally attracted by that position (including any responsibility allowance) plus the relevant loading as specified in Clause 5.5 of this award. CLAUSE 5.5 PERMANENT RELIEVING TEACHERS AND ITINERANT TEACHERS OPDATE 17:12:98 on and from A Permanent Relieving Teacher or Itinerant Teacher will be engaged as such and will be paid a salary equivalent to that of a full-time teacher, plus: 1. 17.5 percent of that salary as a Statewide Relieving Teacher who is engaged to undertake relieving teacher duties across the State of South Australia; 2. 12.5 percent of that salary as an Area Relieving Teacher who is engaged to undertake relieving teacher duties in a designated area of the State or as an Itinerant Teacher; 3. 5.0 percent of that salary as a Local Relieving Teacher who is engaged to undertake relieving teacher duties in a small number of schools in close proximity. CLAUSE 5.6 CONTRACT TEACHER AND TEMPORARY RELIEVING TEACHER - RATES OF PAY OPDATE 17:12:98 on and from 1. Contract Teacher (1) A Contract Teacher is paid a daily rate for days actually worked calculated in accordance with the following formula for the number of duty days in the specified period;
Where:
"L" is a sum equal to 17.5 percent of the total salary to which the Contract Teacher would be entitled to be paid for a period of 2 fortnights if employed as a full-time officer, calculated in accordance with Clause 5.13 of this award; "D" is the daily rate. (2) The daily rate calculated in (1) above, is payable in respect of all days actually worked or in respect of which a Contract Teacher will have been allowed sick leave or other leave with pay on an equivalent basis to that of a permanent officer. 2. Temporary Relieving Teacher (1) Subject to sub-clause 5.6.2(2) below, a Temporary Relieving Teacher is paid a fortnightly salary calculated in accordance with the following formula (which provides for a 25 percent loading);
Where:
"T" is the number of periods of half a day worked by a Temporary Relieving Teacher during the period of the fortnight; "1.25" is the 25 percent loading; and "F" is the fortnightly salary. (2) A Temporary Relieving Teacher is not entitled to payments for absences due to school vacation periods or public holidays or for absences due to personal sickness. CLAUSE 5.7 ADVANCED SKILLS TEACHER OPDATE 17:12:98 on and from 1. Definitions:
2. An Officer who: (1) in a calendar year is entitled to be paid at or above the salary prescribed for the 6th incremental step of the teachers salary scale; and (2) lodges an application in that calendar year with the Chief Executive in accordance with the procedure, is, subject to this clause, eligible to be assessed to be paid at the level of Advanced Skills Teacher 1. Such an officer is referred to in this clause as an “eligible officer”. 3. An eligible officer will be assessed in accordance with the procedure and the criteria. 4. An eligible officer who is assessed as satisfying the criteria will, for a period of 5 years commencing on and from the first duty day in the year following the year in which the eligible officer is assessed, be entitled to be paid at the level of Advanced Skills Teacher 1. 5. At least 10 months prior to the expiration of any 5 year period during which an officer is entitled to be paid at the level of Advanced Skills Teacher 1, the officer may make application to be reassessed in accordance with the procedure and, if assessed as satisfying the criteria, the officer will be entitled to be paid at the level of Advanced Skills Teacher 1 for a further 5 years commencing on and from the day following the expiration of the previous 5 year period. 6. An officer who upon assessment or reassessment does not meet the criteria, will not be entitled to be further assessed pursuant to this clause earlier than during the second calendar year after the year in which the officer was last assessed or reassessed. CLAUSE 5.8 LOCALITY ALLOWANCES OPDATE 17:12:98 on and from 1. Definitions:
2. The locality allowances as set out in Schedule 2 of this award will be paid to teachers appointed to the schools specified, in addition to their salaries, by way of compensation for the following factors: (1) adverse environment; (2) the cost of travelling from distant schools to Adelaide for the vacation period; (3) abnormal depreciation of motor vehicles; (4) increased cost of living and some aspects of isolation. 3. The allowances prescribed by this clause and as set out in Schedule 2, will be payable to full-time teachers and to part-time teachers who teach not less than 4/10ths time and who reside at or near the school by virtue of his or her appointment. 4. Where a teachers' spouse is also employed as a teacher, one allowance only, calculated at the rate applying to a teacher cohabiting with a dependent spouse will be divisible equally between each spouse. 5. In the case of a teacher whose spouse is not employed as a teacher and is not substantially dependent upon such teacher, the teacher will, notwithstanding any other provisions of this clause, only be entitled to receive an allowance equivalent to the rate prescribed for a teacher without a spouse. 6. A teacher living separately and apart from his or her spouse will, for the purposes of this clause, be deemed to be a teacher without a spouse. 7. Where a teacher is required to live in an area attracting locality allowances which are higher than those applicable in the area in which the school at which he or she holds an appointment is situated, then he or she will be paid the allowances applicable in the area in which his or her place of residence is situated. 8. Where both the teacher and the teachers' spouse who is also employed as a teacher are appointed to schools located in different locality allowance areas and their place of residence is logically located in an area in which higher locality allowances apply, then subject to sub-clause 5.8.4 above, they will be paid the locality allowances applicable in the area in which their place of residence is situated. 9. Any disputes as to: (1) the interpretation applied to this clause by the AEU, the Minister, the Chief Executive or Commissioner for Public Employment; (2) any question of fact to be determined in respect of the application of this clause; and (3) any other issue arising as between the AEU and the Minister, Chief Executive or Commissioner for Public Employment which is not a question of law or a claim for monies alleged to be due, shall be dealt with in accordance with the provisions of Clause 3.1 - Dispute Resolution Procedures and may be referred to the Commission. CLAUSE 5.9 TRAVEL AND ACCOMMODATION EXPENSES - MEDICAL AND DENTAL TREATMENT OPDATE 17:12:98 on and from 1. Definitions:
- Metropolitan Adelaide as defined in the Development Plan compiled under the Planning Act (SA), 1982, - the City of Adelaide, and - that part of the municipality of Gawler that is not within the Metropolitan Adelaide.
In general this will mean that:
2. Entitlement (1) Where a prescribed teacher reasonably incurs reimbursable expenses, reimbursement will to be paid upon written application made to the Chief Executive. (2) A prescribed teacher will not loose their entitlement to this payment merely because the reimbursable expense incurred was in relation to attendance by or upon a duly qualified practitioner who was not the nearest available at the time. This is provided there were special circumstances that made it desirable that the services of some other duly qualified practitioner be sought. (3) In any instance where it is necessary for a prescribed teacher, their spouse or some other attendant to accompany the person for whom the reimbursable expense is incurred then the reimbursable expense will include the additional travel and accommodation costs reasonably and actually incurred. 2. Substantiation (1) A teacher may be required to provide reasonable evidence in substantiation of a claim for reimbursable expenses. (2) The employer is entitled to refuse payment of any claim where it appears that the expense arose as a direct consequence of the serious and wilful misconduct or gross negligence of the person in respect of whom the expense was incurred. (3) A teacher is required to take all reasonable steps to recover any benefits which may be lawfully due in respect of any occurrence related to a reimbursable expense. These benefits may include insurance, contributory fund, workers compensation or other payments as well as common law damages. The payment of these benefits to the teacher will reduce the sum of the reimbursable expense. If any benefit is paid after payment has been made for reimbursable expenses the teacher will repay the amount to the employer. The employer will not be entitled to withhold payment of reimbursable expense upon the ground that it, or some portion of it, may be recoverable at some time in the future from a third party. 4. Insurance (1) The employer may by notice in writing require any prescribed teacher to commence and maintain a policy of insurance or membership of a contributory ambulance or other fund to cover that teacher's liability for items of the nature of reimbursable expense under this award. (2) In any such case the employer will reimburse to the prescribed teacher the amount by which any premium or contribution incurred in so doing exceeds the sum of $6.00 per annum. (3) If a prescribed teacher fails to comply with a requirement made by the employer under this clause they will not be entitled to claim any reimbursable expense which, but for his or her failure, would have been recouped to that teacher as a result of the relevant insurance or membership. 5. If a teacher is necessarily absent from duty because they, their dependent spouse or their child is attending a duly qualified practitioner the absence due to travel to or from the place of residence, will not be debited against the teacher's sick leave credit. The Chief Executive retains the right to second the teacher to a school nearer to the place of consultation or treatment should it be deemed desirable. 6. The payment of reimbursable expense may be declined when the expense relates to a non-urgent elective consultation or treatment which might reasonably have been sought during a vacation period while the teacher, their dependent spouse or child had, in the normal course, travelled to a location at which the type of consultation or treatment could be obtained. 7. Any dispute arising in relation to this clause may be dealt with by the Commission. CLAUSE 5.10 ALLOWANCES - WHYALLA AND IRON KNOB OPDATE 17:12:98 on and from Every officer employed in a school in Whyalla, or a suburb thereof, or Iron Knob, is entitled to receive in addition to the salary of the officer as fixed under the other clauses of this award, a special allowance of $26 per year. CLAUSE 5.11 SUPERVISION OF PRACTICAL TEACHER TRAINING OPDATE 17:12:98 on and from Teachers who are involved with the practical training of student teachers from a Tertiary Institution are entitled to an allowance in accordance with the following: 1. Principals or teachers delegated by them, who are engaged in the supervision of training duties will be paid an amount as set out in Schedule 1 per student per day up to a maximum of ten times the per student per day rate. One supervision allowance only to be paid by each institution whose students are supervised in the school. 2. Teachers who are engaged in training duties will be paid an amount set out in Schedule 1, provided that where the training duties of a student in any one day are undertaken by more than one teacher the Principal will determine the apportionment of the day rate between the teachers sharing the duties. CLAUSE 5.12 TEACHERS OF SPECIAL CLASSES OPDATE 17:12:98 on and from Teachers who are appointed as teachers of the following special classes viz, sensory impaired, emotionally disturbed and mentally or physically impaired students, and at Government institutions, Aboriginal schools and Special schools will be paid an allowance as set out in CLAUSE 5.13 RECREATION LEAVE LOADING OPDATE 17:12:98 on and from 1. Definitions:
2. An allowance will be paid to teachers by way of recreation leave loading in accordance with the following conditions: (1) The recreation leave loading will be calculated on the basis of four weeks recreation leave in any one academic year at the rate of 17.5 percent of the rate of salary payable to a teacher on the day immediately subsequent to the expiration of the final term of the academic year; (2) The recreation leave loading amount will not exceed the maximum amount payable to officers appointed under the provisions of the Public Sector Management Act, 1995, as amended, and prescribed in the Public Service (Recreation Leave Loading) Award in force at the time the recreation leave payment is made. 3. Teachers who terminate their employment or have their employment terminated, or who in the initial year of appointment commence work after the commencement of the academic year, or teachers on leave without pay at the time the recreation leave loading allowance would normally be paid, will be granted pro rata recreation leave loading in accordance with the following formula:
4. The salary payable to a teacher will include the Whyalla Cost of Living loading and all allowances under this award except the locality allowances prescribed in Schedule 2. PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS OPDATE 17:12:98 on and from CLAUSE 6.1 PERSONAL LEAVE – INJURY AND SICKNESS OPDATE 24:03:2006 on and from 1. The Chief Executive may grant leave of absence with pay on the ground of illness to a teacher for a period not exceeding the leave standing to the credit of that teacher. 2. The leave standing to the credit of a teacher, will be -
and in each case deducting from the total so obtained the number of school days in respect of which leave has been taken under the Act or this Award. 3. Where a teacher is retired under Section 17 of the Act or any other corresponding enactment and is subsequently reappointed as a teacher, the teacher's continuous service before retirement and the teacher's continuous service after reappointment will be taken into account as though that service was continuous. 4. Where a person, who has previously been in prescribed employment as defined in section 24 of the Act, is appointed a teacher under the Act and the teacher's service in the prescribed employment is continuous with the teacher's service as a teacher, the sick leave credit to which he or she will be entitled under this clause will be determined on the basis that the teacher's service in the prescribed employment is service as an officer; provided that where the amount of sick leave taken by the teacher in the prescribed employment is not accurately known, the Minister will determine the leave to stand to the credit of that teacher. 5. If the period of absence of a teacher on the ground of illness exceeds three days at any time the application for leave will be accompanied by a medical certificate. 6. The Chief Executive may, if the Chief Executive thinks it necessary, require a teacher to produce evidence satisfactory to the Chief Executive of the existence of the illness of that teacher where the teacher's leave of absence on the ground of illness is three days or less. 7. Where a medical certificate or other evidence satisfactory to the Chief Executive is not produced by a teacher, as required by this clause, sick leave will not be granted and the leave will be without pay. 8. Where a teacher who is on long service leave produces a medical certificate satisfactory to the Chief Executive that the teacher has been confined to a residence or to a hospital for a period of at least fourteen days while on that leave the teacher may, with the approval of the Chief Executive elect to convert that portion of the teacher's long service leave during which the teacher was so confined to a debit against the teacher's sick leave credits; provided that no such conversion will be granted to a teacher who has received payment for long service leave on the teacher's retirement, resignation, retrenchment or termination of services. 9. Entitlement to personal leave A teacher (other than a casual teacher) who has a personal leave (previously known as sick leave) credit is entitled to take personal leave if the teacher is too sick to work. 10. Conditions for payment of personal leave (1) The teacher is not entitled to payment for personal leave unless the teacher gives the Chief Executive notice of the sickness, its nature and estimated duration before the period for which personal leave is sought begins (but if the nature or sudden onset of the sickness makes it impracticable to give the notice before the period begins, the notice is validly given as soon as practicable); and (2) The teacher is entitled to payment at the teacher’s ordinary rate of pay (not including payments in the nature of penalty rates, overtime, allowances or loadings) for a period of personal leave. CLAUSE 6.2 SPECIAL LEAVE WITH PAY OPDATE 17:12:98 on and from 1. The Chief Executive may, where reasonable cause exists, grant to a teacher special leave with pay for any period or periods not exceeding a total of fifteen school days in any one year. 2. The Minister may, on the recommendation of the Chief Executive grant to a teacher special leave with pay or with part pay for such period and upon such conditions as the Minister may determine. 3. Special leave granted under this clause will be in addition to any other leave that a teacher may be entitled to under this Award. CLAUSE 6.3 INFECTIOUS DISEASES AND SPECIAL LEAVE OPDATE 17:12:98 on and from 1. Where a teacher is absent from duty and produces a medical certificate that the teacher is suffering from one of the diseases set out below and that certificate is supported by a statement from the Principal that in all probability the disease was contracted by the teacher while on duty, as a result of the teacher's contact with the children or staff of the school, the teacher will be granted special leave with pay not debited to sick leave credits. 2. The leave granted under this clause will not exceed fifty-two weeks, either at one time or in broken periods, for a particular disease. 3. The diseases accepted for the purpose of this clause are: chicken pox, diphtheria, erysipelas, glandular fever, herpetic whitlow, infectious hepatitis, infectious mononucleosis, measles, meningitis, mumps, poliomyelitis, rubella, scarlet fever, staphylococcal infection, typhoid, whooping cough, and such other diseases as the Minister may determine. CLAUSE 6.4 SPECIAL LEAVE WITHOUT PAY OPDATE 17:12:98 on and from The Minister may, where reasonable cause exists, grant to a teacher special leave without pay for any period and upon such conditions as the Minister may determine. CLAUSE 6.5 ABSENCE FROM DUTY OPDATE 17:12:98 on and from 1. The Chief Executive will have the power to direct that where a teacher is absent from the teacher's place of work during the teacher's ordinary hours of duty (or other hours as directed) or has not discharged the teacher's duties as a result of or in the furtherance of industrial action taken by that teacher, the salary of that teacher may be reduced by such an amount as is equal to-
2. Any direction made by the Chief Executive pursuant to sub-clause 1 of this clause will be given effect to. 3. For the purposes of this clause, the fortnightly salary of a teacher who is appointed to the teaching service on a part- time basis is the fortnightly salary that teacher would be entitled to receive if the teacher were appointed to the teaching service on a full -time basis. CLAUSE 6.6 LEAVE AND CONTINUITY OF SERVICE OPDATE 17:12:98 on and from 1. The continuity of service of a teacher will not be deemed to be broken by leave under the Act and this Award and - (1) leave of absence in respect of which a teacher is paid the teacher's full salary will count as service for sick leave entitlement; and (2) the Minister may determine to what extent, if any, leave of absence taken without pay or on part pay will be counted as service for sick leave entitlement, and the determination will have effect according to its terms. 2. Where by the terms of the determination of the Minister a period of leave does not count as service for sick leave entitlements the credit of ten school days in each year provided for in this Award will be reduced by one day for each complete four weeks of that period of leave, to a maximum of ten school days in any one year. CLAUSE 6.7 PARENTAL LEAVE OPDATE 24:03:2006 on and from6.7.1 6.7.1 Definitions In this clause, unless the contrary intention appears: 6.7.1.1 ‘Adoption’ includes the placement of a child with a person in anticipation of, or for the purposes of, adoption. 6.7.1.2 ‘Adoption leave’ means adoption leave provided under 6.7.3.4. 6.7.1.3 ‘Child’ means a child of the teacher or the teacher’s spouse under the age of one year; or means a child under the age of school age who is placed with a teacher for the purposes of adoption, other than a child or step-child of the teacher, or of the spouse of the teacher, who has previously lived with the teacher for a continuous period of at least six months. 6.7.1.4 ‘Eligible teacher’ means a teacher employed by an employer during a period of at least 12 months, either: (a) on a regular and systematic basis for several periods of employment; or (b) on a regular and systematic basis for an ongoing period of employment, and who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment. 6.7.1.5 ‘Extended adoption leave’ means adoption leave provided under 6.7.3.4(b). 6.7.1.6 ‘Extended paternity leave’ means paternity leave provided under 6.7.3.3(b). 6.7.1.7 ‘Government authority’ means a person or agency prescribed as a government authority for the purposes of this definition. 6.7.1.8 ‘Maternity leave’ means maternity leave provided under 6.7.3.2. 6.7.1.9 ’Medical certificate’ means a certificate as prescribed in 6.7.5.1. 6.7.1.10 ‘Parental leave’ means adoption leave, maternity leave, paternity leave, extended adoption leave or extended paternity leave’ as appropriate, and is unpaid leave. 6.7.1.11 ‘Paternity leave’ means paternity leave provided under 6.7.3.3. 6.7.1.12 ‘Primary care-giver’ means a person who assumes the principal role of providing care and attention to a child. 6.7.1.13 ‘Relative adoption’ means the adoption of a child by a parent, a spouse of a parent or another relative, being a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage). 6.7.1.14 ‘Short adoption leave’ means adoption leave provided under 6.7.3.4(a). 6.7.1.15 ‘Special adoption leave’ means adoption leave provided under 6.7.10. 6.7.1.16 ‘Special maternity leave’ means maternity leave provided under 6.7.9.1. 6.7.1.17 ‘Spouse’ includes a defacto spouse or a former spouse. 6.7.2 Chief Executive’s responsibility to inform On becoming aware that: (a) a teacher is pregnant; or (b) a teacher’s spouse is pregnant; or (c) a teacher is adopting a child,
(ii) the teacher’s responsibility to provide various notices under this clause. 6.7.3 Eligibility for and entitlement to parental leave 6.7.3.1 Subject to the qualifications in 6.7.4, the provisions of this clause apply to full-time, part-time and eligible teachers but do not apply to other teachers. 6.7.3.1(a) For the purposes of this clause continuous service is work for an employer on a regular and systematic basis (including a period of authorised leave or absence). 6.7.3.1(b) A Chief Executive must not fail to re-engage a teacher because: (i) the teacher or the teacher’s spouse is pregnant; or (ii) the teacher is or has been immediately absent on parental leave. 6.7.3.1(c) The right of a Chief Executive in relation to engagement and re-engagement of teachers are not affected, other than in accordance with this clause. 6.7.3.2 A teacher who becomes pregnant is, on production of the required medical certificate, entitled to up to 52 weeks of maternity leave. 6.7.3.3 A male teacher is, on production of the required medical certificate, entitled to one or two periods of paternity leave, the total of which must not exceed 52 weeks, as follows: 6.7.3.3(a) An unbroken period of up to one week at the time of the birth of the child. 6.7.3.3(b) A further unbroken period of up to 51 weeks in order to be the primary care-giver of the child (to be known as extended paternity leave). 6.7.3.4 A teacher is entitled to one or two periods of adoption leave, the total of which must not exceed 52 weeks, as follows: 6.7.3.4(a) An unbroken period of up to three weeks at the time of the placement of the child (to be known as short adoption leave). 6.7.3.4(b) A further unbroken period of up to 49 weeks in order to be the primary care-giver of the child (to be known as extended adoption leave). 6.7.3.5 If the commencement of parental leave occurs 6.7.3.5(a) During vacation periods, other than the Christmas vacation, the whole of the vacation period in which such leave commences will be with pay and leave without pay will not apply until the commencement of the first day next after that vacation; 6.7.3.5(b) During a Christmas vacation commencing any one year, and (i) the teacher was on duty on or before the first school day of the third term of that year and remained on duty until the last school day of that year, the leave will be with pay up to and including the thirty-first day of January of the next succeeding year, and thereafter the provisions of subclause 6 of this clause will apply; (ii)the teacher commenced duty after the first school day of the third term of that year and remained on duty until the last school day of that year the leave will be with pay up to and including the thirty-first day of December of that year, and thereafter leave without pay will apply. 6.7.4 Qualifications on entitlements and eligibility 6.7.4.1 The entitlement to parental leave is reduced: 6.7.4.1(a) In the case of maternity leave, by any period of extended paternity leave taken by the teacher’s spouse and/or by any period of special maternity leave taken by the teacher. 6.7.4.1(b) In the case of extended paternity leave, by any period of maternity leave taken by the teacher’s spouse. 6.7.4.1(c) In the case of extended adoption leave, by any period of extended adoption leave taken by the teacher’s spouse. 6.7.5 Certification required 6.7.5.1 A teacher must, when applying for maternity leave or paternity leave, provide the Chief Executive with a medical certificate that: (a) names the teacher or the teacher’s spouse, as appropriate; (b) states that the teacher or the teacher’s spouse is pregnant; and (c) states: (i) the expected date of birth; (ii) the expected date of termination of pregnancy; or (iii) the date on which the birth took place, whichever is appropriate.
circumstances, of their intention to take maternity leave. 6.7.6.1(b) A Chief Executive may, by not less than 14 days notice in writing to the teacher, require her to commence maternity leave at any time within six weeks immediately before the expected date of birth. Such a notice may be given only if the teacher has not given the Chief Executive the required notice. 6.7.6.2 Paternity leave A teacher must give reasonable notice to the Chief Executive, depending on the circumstances, of their intention to take paternity leave. 6.7.6.3 Adoption leave A teacher must 6.7.6.3(a) On receiving notice of approval for adoption purposes, notify the Chief Executive of the approval and, within two months of the approval, further notify the Chief Executive of the period(s) of adoption leave the teacher proposes to take. 6.7.6.3(b) In the case of a relative adoption, so notify the Chief Executive on deciding to take a child into custody pending an application for adoption. 6.7.6.3(c) As soon as the teacher is aware of the expected date of placement of a child for adoption purposes, but not later than 14 days before the expected date of placement, give notice in writing to the Chief Executive of that date, and of the date of commencement of any period of short adoption leave to be taken. 6.7.6.3(d) At least 10 weeks before the proposed date of commencing any extended adoption leave, give notice in writing to the employer of the date of commencing leave and the period of leave to be taken. 6.7.6.4 Unforeseen circumstances A teacher is not in breach of any of these notice requirements if the teacher’s failure to comply is caused by unforeseen or other compelling circumstances, including: (a) the birth occurring earlier than the expected date; or (b) the death of the mother of the child; or (c) the death of the teacher’s spouse, or (d) the requirement that the teacher accept earlier or later placement of the child, so long as, where a living child is born, the notice is given not later than two weeks after the birth. 6.7.7 Taking of parental leave 6.7.7.1 No teacher may take parental leave concurrently with such leave taken by the teacher’s spouse, apart from paternity leave of up to one week at the time of the birth of the child or adoption leave of up to 3 weeks at the time of the placement of the child. 6.7.7.2 Subject to complying with any relevant provision as to the taking long service leave, a teacher may, instead of or in conjunction with parental leave, take any long service leave to which the teacher is entitled. 6.7.7.3 Paid personal leave or other paid absences are not available to a teacher during the teacher’s absence on parental leave. 6.7.7.4 Subject to 6.7.4 and unless agreed otherwise between the Chief Executive and teacher, a teacher may commence parental leave at any time within six weeks immediately prior to the expected date of birth. 6.7.7.5 Where a teacher continues to work within the six week period immediately prior to the expected date of birth, or where the teacher elects to return to work within six weeks after the birth of the child, a Chief Executive may require the teacher to provide a medical certificate stating that she is fit to work on her normal duties. 6.7.7.6 Where leave is granted under 6.7.7.4, during the period of leave a teacher may return to work at any time, as agreed between the Chief Executive and the teacher provided that time does not exceed four weeks from the recommencement date desired by the teacher. 6.7.7.7 Maternity leave and paternity leave cannot extend beyond the child’s first birthday. 6.7.7.8 Adoption leave cannot extend beyond the child’s fifth birthday. 6.7.7.9 Extended adoption leave cannot extend beyond the first anniversary of the initial placement of the child. 6.7.7.10 Not withstanding the provisions of this clause, teachers eligible for parental leave have the right to request parental leave as consistent with 6.7.15. 6.7.8 Variation and cancellation of parental leave 6.7.8.1 Without extending an entitlement beyond the limit set by 6.7.3, parental leave may be varied as follows: 6.7.8.1(a) The leave may be lengthened once by the teacher giving the Chief Executive at least 14 days notice in writing stating the period by which the teacher requires the leave to be lengthened. 6.7.8.1(b) The leave may be lengthened or shortened by agreement between the Chief Executive and the teacher. 6.7.8.2 Parental leave may be cancelled by agreement between the Chief Executive and the teacher. 6.7.9 Special maternity leave and personal leave 6.7.9.1 If a teacher not then on maternity leave suffers illness related to her pregnancy she is entitled to take leave under 6.1; 6.7.9.2 Where a teacher is suffering from an illness not related to the direct consequences of the confinement, a teacher may take any paid personal leave to which she is entitled in lieu of, or in addition to, special maternity leave. 6.7.9.3 A teacher who returns to work after the completion of a period of such leave is entitled to the position which she held immediately before commencing such leave, or in the case of a teacher who was transferred to a safe job, to the position she held immediately before such transfer. 6.7.9.4 If that position no longer exists, but there are other positions available which the teacher is qualified for and is capable of performing, she is entitled to a position, as nearly as possible, comparable in status and pay as that of her former position. 6.7.9.5 If a suitable appointment cannot be offered to that teacher leave may be extended beyond the period previously approved and, if necessary, to the end of the vacation period following the end of the term during which notice of intention to return to duty was given. In this case the 52 weeks limit will not apply. 6.7.10 Special adoption leave 6.7.10.1 A teacher who has received approval to adopt a child who is overseas is entitled to such unpaid leave as is reasonably required by the teacher to obtain custody of the child. 6.7.10.2 A teacher who is seeking to adopt a child is entitled to such unpaid leave not exceeding five days as is required by the teacher to attend such interviews, workshops, court attendances or examinations as are necessary as part of the adoption procedure. 6.7.10.3 The leave under this clause 6.7.10 is to be known as special adoption leave and does not affect any entitlement under 6.7.3. 6.7.10.4 Special adoption leave may be taken concurrently by a teacher and the teacher’s spouse. 6.7.10.5 Where paid leave is available to the teacher, the Chief Executive may require the teacher to take such leave instead of special adoption leave. 6.7.11 Transfer to a safe job - maternity leave 6.7.11.1 If, in the opinion of a legally qualified medical practitioner: (a) illness or risks arising out of the pregnancy; or (b) hazards connected with the work assigned to the teacher, make it inadvisable for the teacher to continue her present work, the teacher must, if the Chief Executive considers that it is practicable to do so, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. 6.7.11.2 If the transfer to a safe job is not considered practicable, the teacher is entitled, or the employer may require the teacher, to take leave for such period as is certified necessary by a legally qualified medical practitioner. 6.7.11.3 Leave under this clause 6.7.11 will be treated as maternity leave. 6.7.12 Yüklə 0,51 Mb. 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