The Educational Services (Teachers) Award 2020 provides specific leave entitlements for teaching employees in Australia, including annual leave, personal leave, and other forms of paid and unpaid leave aligned with school terms.

Key Takeaways

  • Annual leave: 4 weeks (20 days) per year
  • Personal leave: 10 days per year
  • Public holidays: As per NES and state calendars
  • School holiday periods affect leave scheduling
  • Part-time and casual employees have specific provisions

Leave Entitlements Under the Award

Annual Leave

  • 4 weeks (20 days) per year for full-time employees
  • Pro-rata for part-time employees
  • Accrues from first year of employment
  • School holidays generally taken as leave
  • Cashed out on termination

Personal/Carer’s Leave

  • 10 days per year for full-time employees
  • Accrues from first year
  • Evidence requirements apply
  • Unpaid after exhausted entitlement
  • Carer’s leave included in entitlement

Other Leave Types

  • Compassionate leave: 2 days per occasion
  • Family and domestic violence leave: 10 days per year
  • Community service leave: As required
  • Jury service: As required
  • Long service leave: As per state legislation

Special Teaching Provisions

School Terms

  • Leave during school terms may be restricted
  • Advance notice required for leave
  • Student welfare considerations
  • Coverage arrangements needed

Professional Development

  • PD days may count as leave
  • Training during school holidays
  • Registration requirements
  • Continuing education obligations

Casual Employees

  • Loading: 25% casual loading
  • Annual leave: Not entitled (loading compensates)
  • Personal leave: Not entitled
  • Public holidays: Entitled if would have worked

Common Scenarios

Scenario 1: Full-Time Teacher

  • Entitlement: 4 weeks annual leave
  • School holidays: Generally used for leave
  • Application: 4 weeks notice recommended
  • Approval: Employer may refuse on reasonable grounds

Scenario 2: Part-Time Teacher

  • Entitlement: Pro-rata based on hours
  • Calculation: Based on ordinary hours
  • School holidays: Pro-rata entitlement
  • Application: As per full-time process

Scenario 3: Casual Teacher

  • Entitlement: No annual leave
  • Loading: 25% compensates
  • Public holidays: Entitled if rostered
  • Termination: Loading paid out on termination

Compliance Checklist

  • Award coverage confirmed
  • Leave entitlements documented
  • School term restrictions noted
  • Public holiday provisions applied
  • Part-time calculations correct
  • Casual loading documented
  • Evidence requirements communicated
  • Record keeping maintained
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