This policy has been put in place to reflect the Providence Christian College Board decision of the 30th August 2004 to change the conditions of Clause 11 (a) (Long Service Leave) of the Independent Schools Teachers Award 1976 from “A teacher who has completed ten (10) years continuous service with an employer shall be entitled to 13 weeks paid long service leave” to “A teacher who has completed eight (8) years’ continuous service with Providence Christian College shall be entitled to ten (10) weeks’ paid long service leave.”
This is to apply to all staff members, not only teachers.
This policy relates to all employees of Providence Christian College and will override the Long Service Provisions of the following Awards which are currently in use at the College:
Independent Schools Administrative And Technical Officers Award 1993 – Clause 12.
Independent Schools Psychologists And Social Workers Award 1996 – Clause 12.
Independent Schools’ Teachers’ Award 1976 – Clause 11
Teachers’ Aides (Independent Schools) Award 1988 – Clause 12
School Employees’ (Independent Day & Boarding Schools) Award 1980 – Clause 19.
If however, any Award provision is shown to be more advantageous to the staff member, then the provisions of the Award will prevail.
- Subject to subclause ():
- A staff member who has completed eight (8) years’ continuous service with Providence Christian College shall be entitled to 10 weeks’ paid long service leave.
- For each subsequent period of eight (8) years a staff member shall be entitled to an additional 10 weeks’ paid long service leave.
- On termination of the staff member’s employment in any circumstances otherwise than for serious misconduct the staff member shall be entitled to payment of long service leave in respect of the number of years’ service with Providence Christian College completed since the staff member last became entitled to an amount of long service leave of a proportionate amount on the basis of 10 weeks’ for eight (8) years’ service.
- The expression “continuous service” does not include:
- Any period exceeding two weeks during which the staff member is absent on leave without pay. In the case of leave without pay which exceeds eight weeks in a continuous period, the entire period of that leave is exercised in full;
- Any service of a staff member 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 Principal, when that prior service has actually entitled that person to long service leave under this clause.
- Subject to subclause () of this policy, term and Christmas holidays observed by the College shall be recognised as extra leave and not included in the long service leave.
- Any public holiday which occurs during the period a staff member is on long service leave shall be treated as part of the long service leave and extra days shall not be granted.
- Where a staff member has become entitled to a period of long service leave in accordance with this policy, the staff member shall apply for such leave twelve (12) months prior to the date of actually taking the leave. The staff member shall commence such leave as soon as possible after the accrual date in a manner mutually agreed between the Principal and the staff member by one of the following options:
- As a term when the length of the term is ten (10) weeks;
- As a term, with any excess entitlement being taken with future long service leave or paid out on termination, resignation or retirement if the length of the term is less than ten (10) weeks. The excess cannot be used to reduce a further accrual period;
- As a term, with approved leave without pay for that portion which exceeds the long service leave period if the length of the term is in excess of ten (10) weeks.
- Payment of long service leave shall be made in full before the staff member goes on leave or by agreement between the staff member and the Principal, at the same time as the staff member’s salary would have been paid if the staff member had remained at work in which case the payment shall be made by arrangement between the staff member and the Finance Manager.
- Where a staff member has completed at least 7 years service, but less than 8 years service and employment is terminated –
(a) by the staff member’s death; or
(b) in any circumstances, otherwise than serious misconduct:
the amount of leave shall be such proportion of 10 weeks’ leave as the number of completed years of such service bears to 8 years.
- In the case to which subclause (7) of this policy applies, and in any case in which the employment of the staff member who has become entitled to leave hereunder is terminated before such leave is taken or fully taken, the College shall, on termination of employment otherwise than by death, pay to the staff member and upon termination of employment by death, pay to the personal representative of the staff member upon request by the personal representative, 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 College in respect of the leave hereunder.
- Where the continuous service of a staff member during the accrual period contains any period where the staff member worked on a part time basis the staff member’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 teacher’s part time service bears to that of a full time staff member over the accrual period