March 2014 Special leave This document is issued for general guidance only. It does not constitute professional advice. The issues with which it deals are complex and the document necessarily deals only with general principles. No reader should rely on this document for the purpose of making a decision as to action but should seek the appropriate advice from the Union on the particular circumstances of that reader. The Union accepts no responsibility for the consequences should any person act in reliance on this document without obtaining the appropriate advice from the Union. Compassionate/discretionary leave The entitlement to paid compassionate/ discretionary leave is set out in the Special Leave Directive. You can be granted leave on compassionate grounds, if it is reasonably required. This leave must not exceed a total of five working days per calendar year. Applications for compassionate/ discretionary leave should be made through the school principal. If you are based in a remote area, you are entitled to a number of additional days of emergent leave in a calendar year, over and above the five day entitlement. The number of days varies according to the transfer rating of the workplace in which you work. Check the Remote Area Incentives Scheme (RAIS) brochure for further information. Permanent part-time teachers are also entitled to the equivalent of five full days of standard compassionate/discretionary leave, and RAIS emergent leave, if applicable. Compassionate/ discretionary leave can also be taken on an hourly basis. Bereavement leave Provisions for bereavement leave are contained in the Special Leave Directive, which grants two days paid bereavement leave on the death of an immediate family or household member. Immediate family includes: (a) spouse (b) child, ex-nuptial child, step-child, adopted child, ex-foster child of you or your spouse (c) parent, grandparent, grandchild, sister or brother of you and your spouse (i.e. your mother-in-law, father-in-law, grand-parent-inlaw, brother-in-law, sister-in-law, son-in-law, daughter-in-law). The list of family members is not exhaustive and Employment (DETE) has the discretion to grant leave on the death of family members who are not expressly listed. Cultural and personal reasons may be taken into consideration when the department makes a decision. The period of leave should include the day of the funeral and either the day before the funeral or, where necessary because of travel arrangements, the day after the funeral. For employees in remote areas, additional RAIS emergent leave can be used for travel to and from the location of the funeral. Bereavement leave is an additional entitlement and is not deducted from the entitlement to compassionate/discretionary leave. Similar to compassionate/discretionary leave, bereavement leave can now be taken in hours or part days. You may have to provide evidence of the death or funeral arrangements if requested. Where further leave is required, it may be granted as compassionate/discretionary leave. Permanent part-time teachers have the same entitlement to bereavement leave as full-time teachers. Change of residence (not on transfer) If you are moving home, as long as it is not associated with a transfer, the principal/manager has the discretion to make available up to one day's leave without pay. Marital status should not affect your eligibility. Leave to effect a transfer The Transfer and Appointment Expenses Directive outlines the paid leave and transfer expenses available to employees on transfer. Subject to departmental/institute convenience, special leave of up to two working days on full pay may be granted to complete arrangements at the former centre, with up to a further two working days available to complete arrangements at the new centre. This leave is available to complete arrangements directly related to the transfer, including supervision of packing and unpacking of furniture and effects. If you pack your own
Special leave March 2014 Page 2 of 5 household and personal effects, you are eligible for one working day off. This leave is not normally available for transfers in the summer vacation period. However, leave may be approved by the principal/manager if exceptional circumstances exist, e.g. the removalist's pick-up dates require you to be absent. Leave for court attendance and jury service If you are subpoenaed or called as a witness in your official capacity, you are not required to apply for leave. The following conditions apply to court appearances. Employees subpoenaed or called as witnesses by the state or the Commonwealth to give evidence in their official capacity are regarded as being on official duty and do not need leave. Employees subpoenaed to appear as third party witnesses in custody cases or in other work-related proceedings are regarded as being on official duty and do not need leave, provided they have had a significant professional involvement with the child/student. Each case will be examined on its merits. Employees subpoenaed to appear as witnesses in circumstances other than those outlined above will be granted special leave without pay. Employees considered to be on official duty must pay any allowance received in respect of their attendance as a witness, other than travelling and accommodation expenses, to Employment. Employees are granted leave on full pay to undertake jury service. You must notify the employer of the date you are required to attend court as a witness or to undertake jury service as soon as possible. If your work requirements make it impossible for you to undertake jury service, you can ask your supervisor to send a letter to the Sheriff of the Court confirming your work obligations and requesting that you be excused from jury service. Contact the QTU for further advice if required. Your entitlement to fees and allowances while attending court or undertaking jury duty are outlined in the relevant public service directive, Court Attendance and Jury Service. Leave to extend workplace vacations (schools sector) You must be on duty immediately before and immediately after all workplace vacations, unless leave has been previously approved. You can be granted unpaid leave to extend a workplace vacation, but only if special and exceptional circumstances exist. You must be on duty on student-free days, unless you can provide a satisfactory explanation as to why you were unable to attend work. Study leave Your principal/manager can approve up to three years of study leave without pay for any one course or research project. If you do apply for leave to study full-time, you are required to give two clear terms notice (schools sector) so that the submission coincides with the workplace staffing cycle. Course attendance leave is not available to teachers in the schools sector. You can access examination leave with pay to sit for examinations held on work days between 9am and 5pm, provided that examination requirements cannot be satisfied outside these hours. TRS can be used to replace teachers but the workplace will not be provided with additional TRS to cover examination leave. Study leave (without pay) is available to prepare for examinations, assignments and other course assessment requirements, to a maximum of one day per subject for up to five days a year. For both study leave and examination leave, your principal/manager must grant approval before you take the course. Graduation ceremonies You can be granted leave on full pay from your compassionate/discretionary leave entitlement to attend your graduation ceremony. Additional RAIS emergent leave may be used if you have to travel to and from the graduation ceremony. Paid compassionate/discretionary leave is not available to attend the graduation of a relative or friend. In these circumstances, special leave without pay may be approved by the principal/manager. Marriage leave Brides and bridegrooms may be granted up to five working days special leave without pay, provided
Special leave March 2014 Page 3 of 5 that the maximum period of absence from duty (including any mid-year vacation period) does not exceed 15 working days. For permanent teachers, where the unpaid marriage leave is granted on only one side of a vacation, the vacation will be with pay. Where unpaid leave is granted on both sides of a vacation, no payment will be made for the vacation. Marriage leave will not be granted to extend summer vacation. Up to one day's leave without pay may be granted for you to attend a wedding in an official capacity or as a guest in accordance with compassionate/discretionary leave provisions. Cultural leave The provision of unpaid cultural leave is unique to Employment and the entitlements are outlined in Employment Teachers Certified Agreement and in Employment TAFE Educational Employees Certified Agreement. If you are legitimately required by your cultural background or by Aboriginal and Torres Strait Islander tradition to be absent from work for cultural reasons, you may access up to 10 working days cultural leave per calendar year. All cultural leave is without pay. These days may include, but not be limited to, ceremonial mourning days, New Year celebrations, significant national or memorial days and other ceremonial activities that occur on one and/or a number of consecutive days. One week of long service leave may be accessed as cultural leave. Defence reserve forces leave Members of the Australian Reserve Forces may be granted leave on full pay - up to a maximum of 32 calendar days per financial year plus an additional 14 calendar days per financial year during the first year - in the following circumstances. Attendance at continuous training (including camps, field exercises, workplaces, classes or courses, which may involve more than one absence in a financial year) and/or for deployment with: (a) Australian Naval Reserve (b) Australian Army Reserve (c) Australian Air Force Reserve. Documentary evidence of the necessity of attendance must be provided in each case. Evidence of attendance (in the form of a training notice), as well as a certificate of attendance from the commanding officer, must also be provided at the conclusion of the camp or course. Up to four additional days may be granted to travel to and from camps and courses, or to participate in an advance or rear party in connection with the continuous training, if the appropriate certification is provided by the commanding officer. Where leave required exceeds the maximum amount of leave available on full pay, leave without pay may be granted. When called up for a deployment, you must produce written evidence (a deployment notice) of the proposed period of deployment. Pre-retirement seminars Leave on full pay is available for attendance at pre-retirement planning seminars if you are contemplating retirement. Leave may be granted, when necessary, for travelling to and from the centre where the seminar is being held. However, leave will not be granted if you choose to attend a seminar during recreation leave or long service leave. Religious reasons Unpaid leave of up to 20 working days a calendar year may be granted for religious reasons. Requests for leave in excess of five days must be supported by documentary evidence. State emergency service courses Up to five working days per year of leave on full pay may be granted if you are selected to attend counter disaster courses and seminars conducted by the State Emergency Service in Queensland, or the Australian Emergency Management Workplace, Mt. Macedon, Victoria. Documentary evidence of selection must be provided. If you are a member of the State Emergency Service, a voluntary member of a local fire fighting unit, a member of a rural fire brigade, an auxiliary of a fire brigade, an honorary ambulance officer, a St. John Ambulance volunteer or an employee who has been directed to assist in an emergency situation, you may be granted leave on full pay, as required. Sporting leave If you are selected as a competitor, team manager or team coach of a state or national team participating at a major* national or international sporting competition, or have been selected as an umpire/referee at such a competition, you may be granted up to five working days special leave on full pay (not chargeable to any leave account) per calendar year for the purpose of participation,
Special leave March 2014 Page 4 of 5 necessary travel to and/or from the competition, and mandatory periods of training. The term "competitor" includes reserve competitors, and single competitors selected in events such as the marathon. * A major sport is one which has a registered minimum membership in Australia of at least 20,000, or is listed as a recognised sporting event at the Olympic or Commonwealth games (The requirement of minimum membership of 20,000 is waived in the case of disabled officers). Competitors and officials at Olympic Games, Commonwealth Games or International Games for the Disabled may be granted special leave with pay to permit attendance at the games. If you are chosen to compete in trials that may lead to selection in state or national teams, you may be granted special leave without pay to attend. If you are selected to play in sporting fixtures that involve locally-based teams in recognised national competitions (e.g. Brisbane Bullets - basketball, Brisbane Lions - Australian football, Brisbane Broncos - rugby league and Queensland Firebirds - netball teams), you may be granted special leave without pay. Leave taken to accompany workplace sporting teams to intrastate or interstate carnivals is regarded as a transfer of duties, and the absence is on full pay. A leave application is not required. All applications for sporting leave must be supported by appropriate documentary evidence. Floods, cyclones, bushfires etc If you are unable to attend your usual place of work due to floods, cyclonic disturbances, severe storms or bushfires, you may be granted up to a maximum of five working days paid leave per calendar year non-cumulative, as provided in the following circumstances: it is not practicable for you to attend for duty at another government office you are absent from your usual place of residence on approved leave and are unable to return in sufficient time to attend the normal place of employment or it is not practicable to attend duty at another government office you have to go home before your usual ceasing time to ensure personal safety, the protection of your family and property or the availability of transport facilities which may be disrupted or discontinued because of weather or environmental conditions where you must, of necessity, remain at home to safeguard your family or property. Australian Volunteers International You may be granted leave without pay for up to two years to undertake service overseas with the Australian Volunteers International. Election leave If you contest a state or local government election, you can be granted leave for up to two months for campaigning purposes. The leave may be granted as long service leave or leave without salary. If you are contesting a federal election, you must resign from teaching as no leave will be granted for this purpose. Leave in lieu of duties at camp workplace You will only be granted one day s leave in lieu of duties at camp workplace if it falls into the following three categories: (a) official department camp workplaces organised by a regional office (b) organised by workplaces under guidelines provided by the regional office (c) purely workplace based. Time off in lieu of duties at camp workplaces is only for official department camp workplaces organised by the regional office. Other exceptional circumstances Compassionate/discretionary leave may be used for many and varied circumstances and should be granted to assist employees particularly on compassionate grounds. It is essential that applications of this nature be handled confidentially and with sensitivity. Application is made through your principal/manager., Circumstances where this leave may be accessed may include but are not limited to the following situations. You are dealing with matters arising from or as a result of family or domestic violence. This means paid leave may be granted to allow time off to seek safe housing, attend medical and counselling appointments, attend court hearings, access legal advice, organise alternate care or education arrangements for your children and rebuild support networks with children, family and others. You are undergoing an intensive course of medical treatment from specialist practitioners.
Special leave March 2014 Page 5 of 5 You are dealing with the terminal illness of a partner, child or other close family member (recognising kinship for Aboriginal and Torres Strait Islander peoples). You are mourning the death of a partner, child or other close family member. Your home and property has been destroyed by a natural disaster such as a flood or cyclone. You are a victim of a violent crime. The above are examples only. It is important to note that other leave need not be exhausted prior to accessing compassionate/discretionary leave. It is also important to note that where another leave type may be more appropriate (for example, use of sick leave for carer s purposes), the department is unlikely to approve paid compassionate/ discretionary leave. Contact the QTU for further advice.