AEU Part Time Employees Policy

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1 AEU Part Time Employees Policy Introduction There are a number of reasons employees may opt to go part time. family responsibilities, e.g. caring for an elderly parent; preparing for retirement; undertaking study; health or disability factors, e.g. graduated return to work from serious illness; and other personal reasons including a more balanced lifestyle. The AEU acknowledges that some employees are not part time through choice, as part time might be the only form of employment offered them. For example, teachers who are made permanent may receive the average of the eight terms they have worked as a fixed term teacher and teacher assistants may have limited hours available. For those choosing to work part time, be it a temporary or permanent arrangement, it is a flexible working option which can be negotiated between employee and employer. It has the potential to make better use of human resources whilst helping employees better balance their work and personal commitments. Failure on the part of the employer to recognise the needs of employees who wish to work part time is a form of unjustified discrimination. Part time work should be available to all employees regardless of gender, age or position. There are numerous benefits to working part time. As well as easing the pressure on young families, part time employment can be a lifestyle choice for some as well as an option for older employees seeking to ease into retirement or even a prelude into a change of career. In any context of cuts in school- based personnel and school funding, part time employment may facilitate better sharing of fewer jobs. Working in some kind of part time capacity is either the preferred option or a matter of necessity for close to half of the membership of AEU Tasmanian Branch (see table below). AEU Part time Members May 2014 Membership Group Total Member Positions No- <90% FTE Percentage <90% FTE No- Female <90%FTE Percentage Female <90% FTE No- Male <90%FTE Support % % 75 61% Staff Teaching % % % TAFE % 74 41% 46 21% All Members % % % Percentage Male <90% FTE According to the AEU database (May, 2014) Teacher Assistant members are employed on average only 53% of a full time load. Eighty- five percent of support staff and 45 per cent of total AEU 1

2 membership works less than 90% FTE. Part time arrangements are thus not the exception in the DoE and for most school Support Staff and many teachers this may be the only kind of employment available. Yet, the AEU continues to receive reports of where employees desire to work part time or their current part time status is not respected in the workplace. The DoE has a four page policy entitled Employment Variations on its website which provides a sketchy outline of employee entitlements and access to part time employment. Earlier versions of DoE policy, notably the 1998 version, were more comprehensive in advocating positive treatment of part timers. Current DoE policy promotes family friendly workplaces and noting a number of entitlements which employees currently have which can assist members who feel they are being treated unfairly due to working part time. There are also a range of current practices in some workplaces which if more widely implemented may improve conditions for part timers in other workplaces. In addition, there are policies and practices not yet in place that the union would see as desirable and feasible in the longer term for part time workers. The employer for its part sees that there are some constraints to what may be possible to offer an employee by way of part time work. These limitations are seen to include: organisational operating requirements; the length of time the employee requests to work part- time; availability of a suitable position; impact on the work area and other employees; and workplace diversity policies. AEU Policy The AEU notes that despite well- intended policy underscoring DoE employees rights to be treated fairly in their part time employment, a culture in DoE workplaces which favours fulltime employees has been slow to change in DoE workplaces. There are also systemic barriers to employees seeking to increase their FTE. There are a number of general issues potentially encountered by employees in relation to part time work which need to be addressed: Issue Pressure to go part time: Some employees are pressured to work part time in order to cope with excessive workload or as a suggested response to stress related problems in the workplace. Wanting to work on particular days: Wanting to work on particular days and not on others may not fit in with the requirements of the AEU Policy position Employees should not be subject to such pressures and, if it becomes apparent that they have been, measures need to be taken to address the cause of such stresses through workplace planning committees and workplace union action. (The AEU acknowledges excess workload as a growing pressure on employees in Tasmanian schools and continues to combat this in a number of ways including in the development of Workplace Agreements). Every effort should be made to accommodate the needs of a part time worker to work on their preferred days, but the AEU recognises 2

3 workplace. Prejudice against part timers: Unpleasant comments to part timers who take sick leave: You've just had your days off and now you're sick...!" and a similar attitude that since part timers have so much time off they have more time available to write reports etc. Fewer paid public holidays: If working particular days of the week, part time employees may access proportionately fewer paid public holidays than their full time counterparts or those who work part time but on other days. Communication: Not being present in the workplace as frequently can create a sense of detachment from colleagues and feeling out of the loop about some workplace matters. Lack of access to appropriate facilities: Some part timers report being asked to share office space and facilities with other part timers. Whilst this can work in some instances it can also be problematic, especially when both employees are in attendance on the same day. that this may not always be possible. The AEU opposes prejudice against part time workers and urges the DoE to foster a culture which is supportive of these employees. The AEU believes that every effort should be made to accommodate the needs of a part time worker to work on their preferred days, irrespective of whether these fall on more or fewer public holidays. The use of messaging to ensure that all staff, including those not present on a particular day, are fully informed about workplace matters. A process for posting meeting agendas with opportunity for all staff to table items as required. Distribution of meeting notes etc. would also assist. All employees, whether part time or full time, should have access to appropriate space and facilities with which to conduct their work. As well as these general concerns, particular groups of employees face issues pertaining to their particular work in relation to part time employment. Teachers, Senior Staff and Principals Despite some issues, once they have opted to go part time, access to part time is generally available to most teachers who seek it. There can however, for some employees, be factors which make it more difficult to opt go part time. Issue There are few part time Principals: The DoE has, some years ago now, successfully trialled the sharing of principal positions and yet, despite the undoubted pressure of the work of running a school, few principals have taken up opportunities for working part time. APs and ASTs tasks: Senior staff tasks may not fit neatly into part time load allocations. AEU Policy Position DoE should encourage principals and APs to access part time employment if they want this. The DoE should create additional senior positions to improve leadership density in schools and also to accommodate a better sharing of tasks for those who seek to work part time. 3

4 Pressure against teaching part time: The AEU still hears reports of teachers who are reluctant to work part time for fear that their principal and colleagues will view them as less than a full professional if they do so. Some schools remain reluctant to allow classes in early childhood and primary grades to be shared by two classroom teachers. Lack of parental acceptance of classes having two home room teachers for a class group is frequently cited as a pressure on schools. Inequitable non- teaching requirements: Requirements for meeting attendance can be a contentious issue, along with the PA days or attendance at Prof Learning and a range of extra- curricular activities. Schools rarely agree to pay part time teachers for attending professional learning days on their non- teaching days, some manage to attend and receive time off in lieu, yet most attend and receive no pay. Inability to get back to full time: Some teachers who went part time without getting written confirmation from the DoE about when such arrangements should end have been stuck in part time employment. This is particularly a problem for women who went part time after having children and were promised that they could return to full time when they needed to but found the additional work was never made available to them. Similarly, teachers moving to permanent through the PRT system are often given this status at less than full time and subsequently find it difficult to get their status upgraded. Preference for permanent part timers over temporaries: Although it is DoE policy to preference permanent part timers seeking more hours of employment over temporary teachers in filling vacant positions, this may not always happen in practice. Being targeted for transfer: Part timers cite being targeted for transfer when a school loses student numbers and fraction of a teaching post is lost. The DoE and school leadership should show active support for people who wish to work part time. Education about the imperative of making accommodation for employees who wish to work part time should form part of the induction process for school principals. DoE policy should clearly acknowledge that attendance at meetings, if working on meeting days, that meeting attendance time is appropriately pro- rata to their fractional load. School planning committees and union sub- branches should be vigilant about ensuring equitable workloads for part time employees. The DoE should have a policy of instructing schools to pay part time teachers for attending professional learning days on their non- teaching days, rather than leaving it to the discretion of schools. The AEU views such practice as discriminatory. There should be a priority case- management list for the DoE to deal with such claims, especially where women who have taken time off to have children are trying to return to more full time work. The AEU sees preference of permanent part time over temporary employees as appropriate. The DoE should instruct schools to adopt this practice. The AEU believes that the practice of targeting part time employees for transfer is discriminatory. The DoE should instruct schools that such practice is discriminatory and forbid it. 4

5 Salary increments: Fortunately, most part time teachers within the DoE are not disadvantaged in relation to annual salary increments, as these are provided on the anniversary of employment regardless of FTE worked. However, teachers who have worked part time in other education jurisdictions and relief teachers in Tasmanian schools must have their actual days of teaching calculated to determine fulltime equivalent years for placement on the salary scale. This places such part time teachers at a relative disadvantage. Teachers who have worked in other jurisdictions should have their experience accredited for salary increment purposes in the same way as teachers who have worked in Tasmania. Teachers arriving in the DoE from other jurisdictions must have years of teaching experience determined and be placed on the salary scale at the same place they would be had they taught the same number of years within the DoE. To do otherwise is to discriminate against those whose experience was in another jurisdiction. Support staff Issue Lack of access to full time: As Teacher Assistants (TAs) are only paid whilst students are at school, it is virtually impossible to work full time, thus for these employees we cannot speak of the option to work part time. Lack of planning/preparation time. Workload is increasing due to the expectation that TAs will not only implement programs, but devise and modify them. As there is no planning/prep time, this is done before and after school (unpaid) and at home. This workload has also increased due to budget cuts, with many TA being reduced to permanent allocation of hours, yet no decline in the number of students. Additional time: Many permanent part timers would like additional hours and despite unwritten DoE policy that additional time should be offered to existing employees first if at all possible, this doesn t happen in practice. Additional time is offered on a relief/casual basis to random people. AEU Policy Position The AEU believes there should be appropriate processes for TAs to gain permanent additional hours and also to move to full time employment. Additional hours should be provided for TAs to liaise, plan and meet with other staff in order to ensure a quality program is delivered, and they do not have to use unpaid time to do this. The AEU believes that wherever possible additional hours should be offered to existing employees before new or casual relief staff are appointed. TasTAFE Employees Issue AEU Policy Position 5

6 Expectation of more work: Part time TAFE members often mention the issue of expectation of managers that part time staff are able to deliver same level of workload as full time staff. This inevitably leads to a reduction of DOTT time and staff take work home, or work late and/or come in early to do required paperwork to just required work done. Fixed term contracts: Some part time staff member on a fixed term contract have indicated there are threats of withholding offers of permanency or contracts not being renewed. We have recently been supporting several TAFE members in this boat. Lack of understanding of Award: Poor understanding of TAFE Award provisions e.g. Some managers do not understand what fractional load means or the formula used to work out Direct Teaching load and DOTT. Lack of understanding by managers: - Lack of understanding by managers who have part time staff with excess workloads and their role in timekeeping records and monitoring workloads and employees rights to seek a review. - The right for part time to request additional hours in writing to managers and have it on file. - The right of part time employees seeking additional hours of work not being met and sessional (relief) staff being bought in at higher cost. The need for reduction/increase of hours to always be done in writing, have a set period e.g months and be reviewed verbal guarantees don t mean anything and once hours reduced difficult to get back Workload for part time staff should be proportionate to FTE. Part time fixed term staff should not be discriminated against for access to permanent positions. Appropriate training should be provided for TAFE managers. Developed and available Workload assessment tool to be utilised. Built- in costs and specifying the period of working part time The AEU recognises that there are some aspects of going part time that are difficult, if not impossible, to compensate for and would appear to be natural consequences of the choice to work on a part time basis. For instance, the diminished income and the reduced superannuation entitlements are a given corollary of part time employment; although, of course, on the other hand there are tax concessions and freed up time to be gained. The AEU urges members to weigh up carefully the pros and cons of making a decision to go part time and to always seek, where 6

7 appropriate, a temporary variation of duty which has a specified end date after which the working arrangements either revert to full time or are renegotiated if this is what the employee requires. Summary of general entitlements and good workplace practice which the AEU insists upon: Generally, as with many aspects of positive treatment of employees in the workplace, best practice is dependent on a style of management which is conciliatory and favours negotiation with employees taking into account their personal, professional and family circumstances and needs. To maintain the right to return to full time work: Always ensure when opting to work part time that this is for a period specified in writing and, if an extension is required, renegotiated at the end of that period and specified in writing for a further period. Public holidays: Be aware of potential to lose paid public holidays when agreeing to work on particular days of the week. Access to appropriate facilities: Part timers to have access to desks, lockers, workspace, materials, safety equipment, computers and pigeon holes on the same basis as full time employees. Anti- discrimination: No employee should be discriminated against because of their part time employment status. Appropriate induction processes for part timers: Ensuring proper communication with other employees and general awareness of which days they will be at work. Communication: Ensure appropriate communication processes for part timers including a buddy system and making available minutes of meetings and briefings to allow feedback. An annual events calendar on the intranet and use of personal electronic calendars would be useful. Notice of meetings and changes of dates given well in advance. Decision- making: Major decisions affecting all employees done with appropriate consultation bearing in mind that not all employees, even those who are full time, can attend all meetings. Allocation of tasks: Discussion with part time employee, roles carefully defined in advance. There needs to be an agreed mechanism to cope with overflow and the tasks allocated are to fit their timetable. Non- work days: Part timers cannot be expected to come in on days they do not normally work for any purpose. If they choose to do so they should be paid for the additional time or provided with TOIL if requested to attend on different day and thanked if they volunteer themselves. Part timer access to Professional Learning: Provide part time employees with the same access to professional learning opportunities as full time employees. Although they cannot be required to attend on a day that is not normally a work day for them, assisting them by the offer of time off in lieu or additional pay would be appropriate. Required PL attendance is pro rata to PT fraction equivalent. Attendance at staff meetings: Part timers are not be required to attend meetings held on days they do not normally work. Where meetings are held on days on which they work, attendance at such meetings should not have to be one hundred per cent but rather ensure that the teacher has equitable on site time available for their own planning and preparation. Cyclic timetables: These should be avoided as they are particularly difficult for part timers with family and other responsibilities. Such practices could be seen as discriminatory. Top up hours: Where additional hours of work become available, and where they are suitably qualified to do the work, permanent part time employees should get first option on the additional hours over the employment of a temporary employee. 7

8 TA planning and meeting time: This should be built into a TA s hours of work and not done as voluntary additional time. Spread of hours part time employees: Part timers not required to spread their work across the whole week, as this defeats the purpose of working part time (see suggestion for Teacher Agreement, below). Hours of duty for part time employees Part- time employees should be required to participate in all activities required of a full- time employee (including staff meetings and professional learning) proportionately only to their percentage of FTE. However, an employee cannot be required to attend work (for meetings etc.) on a day which they do not normally work. Spread of Hours Part time Employees With the exception of those situations where the employee or employer concerned requests or is prepared to negotiate an alternative spread of hours, the spread of load for part time staff must be, whenever reasonably practicable, in accordance with the following indicative table: FTE Days 0.1 FTE 1 day per week 0.2 FTE 1 2 days per week 0.3 FTE 2 days per week 0.4 FTE 2 3 days per week 0.5 FTE 3 days per week 0.6 FTE 3 4 days per week 0.7 FTE 4 days per week 0.8 FTE 4-5 days per week Appropriate resourcing of schools There are some schools where more than half the teaching staff is made up of part timers. Providing part time employees with equitable treatment does cost pro rata in excess of the cost of full time employees. This fact needs to be recognised in the resource packages of schools if they are to properly address the requirements of part time employees. 8