education.vic.gov.au

Policy last updated

15 June 2020

Scope

  • Schools

Date:
March 2020

Overview

Overview

An employee’s personal leave, annual leave and long service leave entitlements are determined based on the aggregate of the employee’s current service. Any approved prior service is included as service for personal leave and long service leave purposes, less the amount of personal leave or long service leave previously granted or paid in lieu.

Current service

All periods of duty, leave with pay and any approved leave without pay of 30 days or less during an employee’s current period of employment are included as service for personal leave, annual leave and long service leave purposes. In addition, leave without pay granted during an employee’s current period of employment that has been approved to count as service is included as service.

Prior service

On commencement an employee may seek to have prior service with an approved organisation recognised as service for long service leave and personal leave purposes.

Refer to the Policy and Guidelines tab for further information about the recognition of prior service for long service leave and personal leave purposes.

Relevant legislation

Contact information


Policy and Guidelines

Policy and Guidelines

Prior service with an approved organisation (other than the teaching service) may be approved as service for long service leave and personal leave purposes provided the break between periods of service is not more than 12 months, except as outlined below:

  • where the break is due to termination on the grounds of ill‐health, provided that re‐employment in approved service occurred not more than 12 months after the employee again becomes fit for employment
  • where the break is less than 5 years due to resignation which, in the opinion of the Secretary, was effected in special circumstances such as pressing personal circumstances deserving of compassionate consideration or changes in the work circumstances of an employee considered to have reasonably required an interruption to the course of approved service
  • a period of war service in the armed forces of the Commonwealth of Australia may be included as service for long service and personal leave purposes if the period of war service ended not more than 5 years before the commencement of employment

Prior service in the teaching service may be approved as service for long service and personal leave purposes provided re-employment in the teaching service occurs within 5 years. In this case the employee will be credited with any unused long service leave ( that is, leave that has not previously been paid in lieu). Where the break in service is 12 months or less the employee will be credited with the amount of personal leave outstanding at the end of the last period of employment. Provided that where the break in service is greater than 12 months but less than 5 years a maximum credit of 35 days (266 hours) personal leave will be credited.

Casual employment, with the exception of employment as an emergency or casual teacher after 25 May 1981, may be approved as service for long service leave purposes. The casual hours worked will be converted to equivalent full time service.

Casual employment is not recognised for personal leave purposes. However, casual employment, including employment as a casual or emergency teacher, is recognised for the purpose of maintaining continuity of service between 2 periods of approved service.

The following periods of prior service are not included as service for long service and personal leave purposes:

  • any period of service prior to an employee having been dismissed from the teaching service for causes within the employee’s own control unless the employee was re‐employed within a period of 3 months after the dismissal. In special circumstances the Secretary may approve credit for service prior to an employee’s dismissal
  • any period of service subsequent to the date from which a pension is payable under the Superannuation Act 1958 or State Superannuation Act 1988 where the employee is retired on the grounds of ill‐health

Applications and supporting documentation

Where an employee wishes to apply to have a period(s) of prior service approved for long service and personal leave purposes, a full service history from the previous employer(s) and any relevant supporting documentation must be provided.

Where an employee has prior service in the teaching service, there is no need for the employee to provide any documentation to the Department regarding his or her prior service as the Department already has that service history information.

Where confirmation of the prior service cannot be provided, a statutory declaration may be provided together with other indirect evidence of that prior service such as taxation group certificates or other relevant official documentation.

The employee should complete the Request for Recognition of Prior Service form (refer to the Resources tab). The form and supporting documentation should be sent to the Schools People Division (refer to Overview).

For the purposes of calculating a teaching service employee’s long service leave and personal leave entitlements, any approved prior service is treated as if it had been service in the teaching service.


Resources


Reviewed 25 March 2020