Long Service Leave Guidelines For Employees In Catholic Schools ...

Long Service Leave Guidelines
For Employees In Catholic Schools
In South Australia 2005
(Replaces April 2002 Version)
South Australian Commission for Catholic Schools

CONTENTS
1. BACKGROUND .............................................................1
2. THE LONG SERVICE LEAVE ACT (SA) 1987 ...........................1
3. SACCS LONG SERVICE LEAVE FUND ...................................2
4. SACCS POLICIES RELATING TO LONG SERVICE LEAVE .............3
5. PAYMENT IN LIEU OF LONG SERVICE LEAVE.........................3
6. LONG SERVICE LEAVE FOR LESS THAN 8 YEARS OF SERVICE ....4
7. APPROVING LESS THAN ONE TERM’S LONG SERVICE LEAVE .....5
8. DEFERRAL OF LONG SERVICE LEAVE..................................6
9. PORTABILITY OF LONG SERVICE LEAVE BETWEEN CATHOLIC
SCHOOLS WITHIN SOUTH AUSTRALIA.................................7
10. PORTABILITY OF LONG SERVICE LEAVE BETWEEN INTERSTATE
CATHOLIC SCHOOLS......................................................7
11. ENQUIRIES..................................................................7
APPENDIX A: SCHOOLS WHICH ARE NOT MEMBERS OF THE SACCS LONG
SERVICE LEAVE FUND ....................................................8

1. BACKGROUND
1.1 All employees in Catholic schools in South Australia are entitled to long service
leave.
N.B. This includes replacement, temporary and casual teachers and Educational
Support Officers (including ESOs working in Before and After School Care, Tuckshop
etc even if they are employed for only a minimal amount of time each week.)
1.2 In general terms the conditions under which long service leave is granted are
determined by the Long Service Leave Act (SA) 1987 (The Act).
The spirit of the Long Service Leave Act is to provide employees with an extended
break from their employment after ten years of service. It is not intended that
such leave be broken into smaller amounts unless specific circumstances warrant.
1.3 However, due to circumstances explained below, some of the conditions relating to
long service leave in Catholic schools in South Australia are more generous than
prescribed under the Act.
2. THE LONG SERVICE LEAVE ACT (SA) 1987
Set out below are the general conditions under which long service leave is granted under
the Act.
2.1 Employees remaining in employment are entitled to thirteen (13) weeks long
service leave after ten completed years of service and a further 13 weeks each ten
completed years thereafter.
2.2 Employees who retire, resign or who are retrenched become entitled to pro rata
long service leave of 1.3 weeks for each completed year of service if they have
completed at least seven completed years of service.
For example, full time employees who have completed seven years of service and
who resign are entitled to 9.1 weeks long service leave. Alternatively employees
who have completed eleven years of service but who have already taken long
service leave to which they were entitled at the completion of the first ten years of
service could be entitled to 1.3 weeks leave upon resignation.
2.3 Part time employees are eligible for long service leave if they have been employed
for ten completed years. They are eligible for pro rata long service leave on
retirement, resignation or retrenchment after they have been employed for seven
completed years. The Act provides for each employee to be credited with the
same number of calendar days of long service leave each year irrespective of the
time fraction worked. However, the rate of payment is then determined by
averaging the preceding 3 years FTE time (3 years back from the date the leave is
taken).
2.4 Leave taken without pay by employees for whatever reason (e.g. special leave,
maternity leave, child rearing leave) does not count as service for the purposes of
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calculating long service leave. Such leave, however, does not break continuity of
service.
For example, employees commencing service on 1/2/95 would normally become
eligible for long service leave on 1/2/05 after completing ten years of service.
However, employees taking a full year’s leave without pay would not become
eligible for leave until 1/02/06.
2.5 Long service leave must be taken as soon as practicable after the completion of
each ten years of service. Leave must be taken at a time which is acceptable to
both employer and employee.
2.6 Long service leave must normally be taken in one continuous period but if the
parties agree leave may be taken in separate periods.
2.7 Once employees have commenced a period of leave, every day (including weekends
and public holidays) counts as leave.
2.8 Employees who become ill while on long service leave and produce a doctor's
certificate may have this period of their leave debited against sick leave rather
than long service leave.
2.9 The Long Service Leave Act stipulates:
14. (1) A worker must not, while on long service leave, engage in any other employment in
place of the employment in relation to which the right to leave is accrued.
2.10 An employee becomes eligible for payment in lieu of long service leave (or part
thereof) if a written agreement is recorded and signed by the employer and
employee.
3. SACCS LONG SERVICE LEAVE FUND
3.1 The South Australian Commission for Catholic Schools (SACCS) has established a
Long Service Leave Fund to which most Catholic schools in South Australia belong.
(Refer to Appendix A for a list of schools currently not members of the Long Service
Leave Fund).
3.2 This Fund was established:-
3.2.1 to assist member schools provide for long service leave
3.2.2 to allow for portability of long service leave between member schools.
3.3 The Fund is administered by the SACCS Administration Finance and Planning
Standing Committee which must account to SACCS for the financial viability of the
Fund and which recommends policies under which long service leave should be
granted.
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4. SACCS POLICIES RELATING TO LONG SERVICE LEAVE
4.1 Persons applying to take or defer long service leave do so to their employer on the
appropriate form.
4.2 It is the responsibility of the employer to ensure that:-
• the employee’s service record is accurate
• leave is taken when it falls due
• leave is taken in accordance with the Long Service Leave Act and SACCS
policy.
4.3 An employer may require an employee to take long service leave that is due by
giving at least 60 days notice.
4.4 Employees may apply for one term’s long service leave after eight years of service
and thereafter when they have accrued sufficient entitlement for another term.
4.5 Long service leave must be taken within twelve months of it falling due.
4.6 Part of the school vacation period when staff are not required to be at work is not
counted as long service leave.
4.7 Long service leave must normally be approved in multiples of one school term. If
leave of less than a school term is approved then leave must be given in multiples
of a week with a minimum of one week.
4.8 It is SACCS policy that LSL be taken. However, payment in lieu of accrued LSL may
be approved in extenuating circumstances by agreement with the employer.
4.9 Details relating to:
• payment in lieu of Long Service Leave are covered in section 5 below
• approval of Long Service Leave for less than 8 years are covered in section 6
below
• approval of less than one term’s leave are covered in Section 7 below
• deferred long service leave are covered in section 8 below.
5. PAYMENT IN LIEU OF LONG SERVICE LEAVE
Employees seeking payment in lieu of LSL should set out details of the circumstances in a
letter to the principal.
5.1 An employee may take payment in lieu of accrued long service leave with the
written approval of his/her employer (normally the Principal). Before giving
approval the employer must ensure that
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EITHER
5.1.1 the approval is in accordance with SACCS Guidelines (See 5.2 below).
OR
5.1.2 if the approval is outside guidelines and the employer believes an
exception should be made that approval for the exception has been
obtained from the Administration Finance and Planning Standing
Committee.
5.2 Payment in lieu of accrued LSL should only be approved in the following
circumstances:
5.2.1 Sudden or unavoidable debt
5.2.2 Person who works a small FTE, (for example less than ½ time)
5.2.3 During unpaid leave eg. Parenting, Child rearing.
5.2.4 ESO working less than 48 weeks per annum is able to take balance after
annual leave, during holiday period when not working.
5.2.5 Exceptional compassionate circumstances
Not for: special events (marriage)
- buying a home
6. LONG SERVICE LEAVE FOR LESS THAN 8 YEARS OF SERVICE
6.1 An employee may take long service leave after less than 8 years of service (but
greater than 7) with the written approval of his/her employer (normally the
Principal). Before giving approval the employer must ensure that
EITHER
6.1.1 the approval is in accordance with SACCS Guidelines (See 6.2 below).
OR
6.1.2 if the approval is outside guidelines and the employer believes an
exception should be made and that approval for the exception has been
obtained from the Administration, Finance and Planning Standing
Committee.
6.2 Long Service Leave for less than 8 years of service ( but greater than 7) should only
be approved in the following circumstances
6.2.1 Personal illness after all accumulated sick leave has been used
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6.2.2 Serious illness of a family member
6.2.3 Exceptional compassionate circumstances
6.2.4 Study
6.2.5 Other exceptional circumstances
6.2.6 If the needs of the students or the school would be best served by the
leave being taken.
7. APPROVING LESS THAN ONE TERM’S LONG SERVICE LEAVE
7.1 The policy of approving long service leave in multiples of a term has been
established by SACCS for the following reasons.
7.1.1 Long service leave is for employees to have an extended period away
from work so they can be revitalised and refreshed. SACCS does not
intend that long service leave will be broken into a number of smaller
periods unless exceptional circumstances exist.
7.1.2 It is easier to hire replacement employees by the term
7.1.3 It may be less disruptive to the educational program of the school if
leave is taken by the term.
7.2 An employee may take less than one term’s long service leave with the written
approval of his/her employer (normally the Principal). Before giving approval the
employer must ensure that
EITHER
7.2.1 the approval is in accordance with SACCS Guidelines (See 7.3 below).
OR
7.2.2 if the approval is outside guidelines and the employer believes an
exception should be made and that approval for the exception has been
obtained from the Administration, Finance and Planning Standing
Committee.
7.3 Leave of less than one school term should only be approved in the following
circumstances:
7.3.1 Personal illness after all accumulated sick leave has been used
7.3.2 Serious illness of a family member
7.3.3 Study
7.3.4 Exceptional compassionate circumstances
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7.3.5 Other exceptional circumstances approved by the principal
7.3.6 If the needs of the students or the school would be best covered.
8. DEFERRAL OF LONG SERVICE LEAVE
8.1 The policy of not deferring long service leave without a good reason has been
established by SACCS so that employees will take regular and extended breaks from
work in order to be rejuvenated and refreshed and to maintain the viability of the
Long Service Leave Fund.
8.2 An employee may defer taking long service leave with the written approval of
his/her employer (normally the Principal). Before giving approval the employer
must ensure that
EITHER
8.2.1 the deferral is in accordance with SACCS Guidelines (See 8.3 below).
OR
8.2.2 if the deferral is outside guidelines and the employer believes an
exception should be made and that approval for the exception has been
obtained from the Administration, Finance and Planning Standing
Committee.
8.3 Long service leave may only be deferred for the following reasons:-
8.3.1 First year of appointment in a new school - leave may be deferred for up
to one year.
8.3.2 Change in curriculum of a school necessitating presence of a particular
teacher - leave may be deferred for up to one year.
8.3.3 Family reasons:-
• ongoing serious illness in a family member which may necessitate
time off work for future caring
• to allow for completion of a child's secondary education - leave
may be deferred for up to one year
• to allow for long service leave to coincide with a spouse's leave -
leave may be deferred for up to one year.
8.4 While SACCS policy encourages leave to be taken after eight years of service, no
special approval of the SACCS Administration, Finance and Planning Standing
Committee is required if leave is deferred until ten years of service have been
accrued, in accord with the Long Service Leave Act. However, for reasons given in
7.1 above leave should still be taken in multiples of one term.
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9. PORTABILITY OF LONG SERVICE LEAVE BETWEEN CATHOLIC
SCHOOLS WITHIN SOUTH AUSTRALIA
9.1 Long service leave is portable between schools in the SACCS Long Service Leave
Fund.
9.2 Following the signing of an Agreement between SACCS and non-fund schools, long
service leave is portable between any Catholic school in South Australia if the
employee changed schools after 20th July, 1988 and their service is continuous.
9.3 Continuous service in the SACCS Fund for the purposes of 9.2 above has from 1
January 1996 been defined as a break of not more than two school terms. Prior to
that it was defined as a break of not more than one calendar month.
10. PORTABILITY OF LONG SERVICE LEAVE BETWEEN INTERSTATE
CATHOLIC SCHOOLS
10.1 Following the signing of an Agreement between the Australian Catholic Commission
for Industrial Relations and the Independent Education Union long service leave is
portable between most Catholic schools interstate as from 1 January, 1992. There
are some schools in NSW and Victoria where this does not apply.
10.2 Leave accrued in Catholic schools interstate must be recognised by the new
employing school regardless of whether recompense is obtained from the interstate
employer.
10.3 Continuous service is generally defined as a break in employment of not more than
two school terms.
10.4 Details of interstate portability of long service leave are contained in the Catholic
Schools Long Service Leave Interstate Portability Heads of Agreement.
11. ENQUIRIES
11.1 Enquiries relating to long service leave should be made in writing to the
Administrator – Long Service Leave Fund, PO Box 179, TORRENSVILLE PLAZA, SA
5031.
11.2 Enquiries relating to a specific personal entitlement to long service leave should be
made in writing to the Administrator – Long Service Leave Fund, PO Box 179,
TORRENSVILLE PLAZA, SA 5031.
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APPENDIX A: SCHOOLS WHICH ARE NOT MEMBERS OF THE SACCS
LONG SERVICE LEAVE FUND
Christian Brothers. College,
St Aloysius College,
St Mary’s College,
Saint Ignatius College,
St Michael’s College,
St Paul’s College,
Loreto College,
St Dominic’s College,
Adelaide
Adelaide
Adelaide
Athelstone
Henley Beach
Gilles Plains
Marryatville
North Adelaide
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Due for revision September 2008
Published by the South Australian Commission for Catholic Schools.
For further information contact:
Executive Officer
South Australian Commission for Catholic Schools
PO Box 179 Torrensville Plaza South Australia 5031
Telephone: (08) 8301 6600
Facsimile: (08) 8301 6611
www.ceo.adl.catholic.edu.au