Granting leave without pay
Applications for leave without pay are considered by the delegate under Division 18 of Part 6 of Order 1038. With the exception of applications for leave without pay to count as service (see below), the principal has the delegation to approve leave without pay in respect of all staff employed at his or her school and the Regional Director has the delegation to approve leave without pay in respect of principals.
Applications for leave without pay must be made in sufficient time to enable the application to be determined prior to the commencement of the leave without pay. In determining applications for leave without pay the following matters will be considered:
- the length of service of the employee
- the reason for leave
- the availability of suitable replacement staff
- any other factor considered relevant
In general where leave without pay is sought for the school year, the period of leave would normally be granted from the first school day of 1 year to the day immediately preceding the first school day of the following year. Where the period of leave without pay sought is for less than a school year but spans a school vacation period, the period of leave would normally include the vacation period.
The delegate may approve leave that commences during a term and may approve resumption at a time other than the beginning of a school term. Where leave without pay is approved for a person employed fixed term, the leave would only be granted up until the conclusion of the fixed term period of employment.
Except as set out in the chapter, leave without pay does not count as service for any purpose. In advising an employee of the approval of a period of leave without pay, the delegate should ensure that the employee is advised that the leave without pay does not count as service.
In special circumstances, an employee may make application for a period of leave without pay to be approved retrospectively to count as service. Appropriate supporting documentation, including a statement of service if the leave relates to a period of employment with another employer, should accompany the request.
The application will be considered by the Secretary (or delegate) on its merits, including the circumstances which prevented the employee from making application for leave without pay to count as service prior to the commencement of the leave. In this case applications should be directed to the principal (or Regional Director in the case of principals) who will forward the application, with the appropriate supporting documentation, to the Executive Director, People Division, for the consideration of the Secretary (or delegate).
Where the request is approved, appropriate adjustments will be made to the applicant's leave records. Where necessary, the applicant's salary will be adjusted effective from the date of the application for such approval or the date of resumption from leave without pay, whichever is the later.
Reviewed 02 April 2020