Common use of Conditions of Taking Leave Clause in Contracts

Conditions of Taking Leave. (i) Where a Teacher has become entitled to long service leave in respect of the Teacher's service with the school, the school shall give to the Teacher and the Teacher shall take the leave as soon as practicable having regard to the needs of the school provided always that unless the school otherwise agrees the Teacher shall give not less than two school terms’ notice of the Teacher's wish to take leave and further provided that the school shall give the Teacher not less than two school terms' notice of any requirement that such leave be taken. (ii) Where long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within and following the period of long service leave. A period of long service leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent to the period of leave, if the taking of long service leave of less than one term has been approved by the school. (iii) Where a Teacher requests and is granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with clause 12.3(d)(ii) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions of clause 10.6. (iv) A Teacher may request to take long service leave at half pay and the School may approve such request. Where such request is granted, any period of non- term time falling within the period of leave (but not adjacent to the period of leave) will be paid at half pay. Provided however that in the case of the school summer non term time, the payment shall be calculated in accordance with the provisions of clause 10.7 Teachers Whose Hours Have Varied and clause 10.3 Calculation of Payments, as if the period of leave on half pay were a period of part-time work. (v) A Teacher may request to take long service leave in a short block of one week or more and it is up to the School’s discretion whether to approve the leave. (vi) Where long service leave is not taken in full term periods or in accordance with clause 12.3(d)(ii) it will be inclusive of pupil vacations, other than the four weeks of annual leave at the commencement of the school summer vacation. (vii) Where a Teacher is entitled to an amount of long service leave which is in excess of a school term the Teacher may elect not to take that part of the long service leave which is in excess of a term [the deferred leave], until such time as the Teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.

Conditions of Taking Leave. (a) In accordance with the Act a teacher entitled to 4 weeks or more of long service leave will be granted such leave: (i) Where a Teacher has become entitled to long service leave in respect of the Teacher's service with the school, the school shall give to the Teacher and the Teacher shall take the leave as soon as practicable practicable, having regard to the needs of the school provided always that unless school, after the teacher becomes entitled to the leave; or (ii) if the school otherwise agrees and teacher agree in writing - at another time or times. (b) In making an agreement for long service leave to be taken at another time or times the Teacher shall give school and teacher acknowledge that, without limiting the teacher’s entitlement under the Act, that the needs of the school ‘business’ are more likely to be met when: (i) the teacher gives not less than two school terms’ terms notice of the Teacherteacher's wish to take leave. (ii) Leave is taken in blocks of at least one school term. However, a school may agree to allow a teacher to take long service leave and in smaller blocks, including single days, for personal reasons including further provided that study, subject to the operational needs of the School. (c) In accordance with the Act the school shall must give the Teacher not less than two school terms' at least sixty (60) days’ written notice of any requirement that such leave be takento take long service leave. (iid) Where long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within and following the period of long service leave. A period of long service leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent to the period of leave, if the taking of long service leave of less than one term has been approved by the schoolSchool. (iiie) Where a Teacher teacher requests and is granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with clause 12.3(d)(iisubclause 29.4(b) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions operation of clause 10.6.22.6 (iv) A Teacher may request to take long service leave at half pay and the School may approve such request. Where such request is granted, any period of non- term time falling within the period of leave (but not adjacent to the period of leave) will be paid at half pay. Provided however that in the case of the school summer non term time, the payment shall be calculated in accordance with the provisions of clause 10.7 Teachers Whose Hours Have Varied and clause 10.3 Calculation of Payments, as if the period of leave on half pay were a period of part-time work. (v) A Teacher may request to take long service leave in a short block of one week or more and it is up to the School’s discretion whether to approve the leave. (vif) Where long service leave is not taken in full term periods or in accordance with clause 12.3(d)(ii29.4(d) it will be inclusive of pupil vacations, other than the four weeks of annual leave at the commencement of the school summer vacationvacation periods. (viig) Where a Teacher teacher is entitled to an amount of long service leave which is in excess of a school term the Teacher teacher may elect not to take that part of the long service leave which is in excess of a term [the deferred leave], until such time as the Teacher teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.

Conditions of Taking Leave. (ia) Where a Teacher teacher has become entitled to long service leave in respect of the Teacherteacher's service with the a school, the school School shall give to the Teacher teacher and the Teacher teacher shall take the leave as soon as practicable having regard to the needs of the school School provided always that unless the school School otherwise agrees the Teacher teacher shall give not less than two school terms’ terms notice of the Teacherteacher's wish to take leave and further provided that the school School shall give the Teacher teacher not less than two school terms' terms notice of any requirement that such leave be taken. (iib) Long service leave will generally be taken in blocks of at least one school term. However, a school may agree to allow a teacher to take long service leave in smaller blocks, including single days, for personal reasons, including further study, subject to the operational needs of the School. (c) Where long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within to and following the period of long service leave. A period of long service leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent to the period of leave, if the taking of long service leave of less than one term has been approved by the schoolSchool. (iiid) Where a Teacher teacher requests and is granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with clause 12.3(d)(iisubclauses 29.4(b) and (c) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions operation of clause 10.622.6. (iv) A Teacher may request to take long service leave at half pay and the School may approve such request. Where such request is granted, any period of non- term time falling within the period of leave (but not adjacent to the period of leave) will be paid at half pay. Provided however that in the case of the school summer non term time, the payment shall be calculated in accordance with the provisions of clause 10.7 Teachers Whose Hours Have Varied and clause 10.3 Calculation of Payments, as if the period of leave on half pay were a period of part-time work. (v) A Teacher may request to take long service leave in a short block of one week or more and it is up to the School’s discretion whether to approve the leave. (vie) Where long service leave is not taken in full term periods or in accordance with clause 12.3(d)(iisubclause 29.4(c) or (d) it will be inclusive of pupil vacations, other than the four weeks of annual leave at the commencement of the school summer vacationvacation periods. (viif) Where a Teacher teacher is entitled to an amount of long service leave which is in excess of a school term the Teacher teacher may elect not to take that part of the long service leave which is in excess of a term [the deferred leave], until such time as the Teacher teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term. (g) A teacher who has completed 7 years of service may request to take long service leave in advance. In agreeing to any such request a school may require the teacher to take leave for a whole term and to take unpaid leave for such period of term time as is not covered by the teacher's long service leave taken in advance.

Conditions of Taking Leave. (i) 18.4.1 Where a Teacher an Employee has become entitled to long service leave in respect of the Teacher's Employee’s service with the schoolEmployer, the school Employer shall give to the Teacher Employee and the Teacher Employee shall take the leave as soon as practicable having regard regards to the needs of the school Employer provided always that unless the school Employer otherwise agrees the Teacher Employee shall give not less than two school terms’ ' notice of the Teacher's Employee’s wish to take leave and further provided that the school Employer shall give the Teacher Employee not less than two school terms' notice of any requirement that such leave be taken. (ii) 18.4.2 Where long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within and following the period of long service leave. A period of long service leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent to the period of leave, if the taking of long service leave of less than one term has been approved by the school. (iii) 18.4.3 Where a Teacher an Employee requests and is granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with clause 12.3(d)(ii) 18.4.2 the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions of clause 10.645 or clause 39 whichever is relevant . (iv) A Teacher 18.4.4 An Employee may request to take long service leave at half pay and the School Employer may approve such request. Where such request is granted, any period of non- non-term time falling within the period of leave (but not adjacent to the period of leave) will be paid at half pay. Provided however that in the case of the school Teachers during summer non term timevacation period, the payment shall be calculated in accordance with the provisions of clause 10.7 Teachers Whose Hours Have Varied and 43 or clause 10.3 Calculation of Payments39 whichever is relevant , as if the period of leave on half pay were a period of partPart-time Time work. (v) A Teacher 18.4.5 An Employee may request to take long service leave in a short block of one week or more and it is up to the SchoolEmployer’s discretion whether to approve the leave. (vi) 18.4.6 Where long service leave is not taken in full term periods or in accordance with clause 12.3(d)(ii) 18.4.2 it will be inclusive of pupil vacations, vacations other than the four weeks of annual leave at the commencement of the school summer vacation, unless the Employer agrees that the pupil vacation that precedes or follows the long service leave shall not be counted as long service leave. (vii) 18.4.7 Clause 18.4.6 does not apply to averaged employees. 18.4.8 Where a Teacher an Employee is entitled to an amount of long service leave which is in excess of a school term term, the Teacher Employee may elect not to take that part of the long service leave which is in excess of a term [('the deferred leave], ') until such time as the Teacher Employee accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term. 18.4.9 Long service leave shall be exclusive of any public holidays falling within the period of such leave.

Conditions of Taking Leave. 12.2.1 Notwithstanding the provisions of clause 13.5 (ib) Where of the award, where a Teacher has become entitled teacher wishes to take a short block (less than a full term) of long service leave in respect of the Teacher's service with the schoolleave, the school shall teacher is not required to give to the Teacher and the Teacher shall take the leave as soon as practicable having regard to the needs of the school provided always that unless the school otherwise agrees the Teacher shall give not less than two school terms’ notice of the Teacher's his or her wish to take leave and further but is required to give adequate notice to allow replacement staff to be employed, if applicable. 12.2.2 A teacher may be granted long service leave in short blocks (of less than a full term) provided that the application is approved by the school shall give Principal having regard to the Teacher not less than two educational needs of the students, critical times of the school terms' notice year and the personal circumstances of any requirement that such leave be takenthe teacher. (ii) Where 12.2.3 If long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within and following the period of long service leave. A period of long service leave taken contained wholly within one term shall also be exclusive of pupil school term, any school vacation periods period which is adjacent to the period of leave will not count as long service leave, if . If the taking of long service leave is for one or more complete school terms or for a complete school term continuous with part of less than one term has been approved by the schoolpreceding or following term, then school vacation periods falling within or adjacent to the period of leave shall not count as long service leave. Long service leave not taken in accordance with this clause or the provisions of clauses 13.5 and 13.10 of the award shall be inclusive of pupil vacation periods falling within the period of leave. (iii) Where a Teacher requests 12.2.4 A teacher may request and is be granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with clause 12.3(d)(ii) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions of clause 10.6comprises a complete school term. (iv) 12.2.5 A Teacher teacher may request to take and be granted long service leave at half pay and the School may approve such request. Where such request is granted, any continuous with a period of non- term time paid parental leave. In this case school vacation periods falling within the period of leave (but not adjacent to the period of leave) will be paid at half pay. Provided however that in the case of the school summer non term time, the payment shall be calculated in accordance with the provisions of clause 10.7 Teachers Whose Hours Have Varied and clause 10.3 Calculation of Payments, as if the period of leave on half pay were a period of part-time work. (v) A Teacher may request to take long service leave in a short block of one week or more and it is up to the School’s discretion whether to approve the will not be counted as long service leave. (vi) Where long service leave is not taken in full term periods or in accordance with clause 12.3(d)(ii) it will be inclusive of pupil vacations, other than the four weeks of annual leave at the commencement of the school summer vacation. (vii) Where a Teacher is entitled to an amount of long service leave which is in excess of a school term the Teacher may elect not to take that part of the long service leave which is in excess of a term [the deferred leave], until such time as the Teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.

Conditions of Taking Leave. (ia) Where a Teacher has become entitled to long service leave in respect of the Teacher's service with the schoolSchool, the school School shall give to the Teacher and the Teacher shall take the leave as soon as practicable having regard regards to the needs of the school School provided always that unless the school School otherwise agrees the Teacher shall give not less than two school terms’ ' notice of the Teacher's wish to take leave and further provided that the school School shall give the Teacher not less than two school terms' notice of any requirement that such leave be taken. (iib) Where long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within to and following the period of long service leave. A period of long service leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent to the period of leave, if the taking of long service leave of less than one term has been approved by the school. (iiic) Where a Teacher requests and is granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with clause 12.3(d)(ii21.5(b) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions of clause 10.617.6. (iv) A Teacher may request to take long service leave at half pay and the School may approve such request. Where such request is granted, any period of non- term time falling within the period of leave (but not adjacent to the period of leave) will be paid at half pay. Provided however that in the case of the school summer non term time, the payment shall be calculated in accordance with the provisions of clause 10.7 Teachers Whose Hours Have Varied and clause 10.3 Calculation of Payments, as if the period of leave on half pay were a period of part-time work. (v) A Teacher may request to take long service leave in a short block of one week or more and it is up to the School’s discretion whether to approve the leave. (vid) Where long service leave is not taken in full term periods or in accordance with clause 12.3(d)(ii21.5(b) it will be inclusive of pupil vacations, other than unless the four weeks of annual School agrees that the pupil vacation that precedes or follows the long service leave at the commencement of the school summer vacationshall not be counted as long service leave. (viie) Where a Teacher is entitled to an amount of long service leave which is in excess of a school term term, the Teacher may elect not to take that part of the long service leave which is in excess of a term [('the deferred leave], ') until such time as the Teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term. (f) Subject to the provisions of this clause 21.5, any long service leave shall be inclusive of any public holidays and other pupil vacation periods falling within the period of such leave.

Conditions of Taking Leave. (ia) Where a Teacher has become entitled to long service leave in respect of the Teacher's service with the schoolCollege, the school College shall give to the Teacher and the Teacher shall take the leave as soon as practicable having regard to the needs of the school College provided always that unless the school College otherwise agrees the Teacher shall give not less than two school terms’ ' notice of the Teacher's wish to take leave and further provided that the school College shall give the Teacher not less than two school terms' notice of any requirement that such leave be taken. (iib) Where long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within to and following the period of long service leave. A period of long service leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent to the period of leave, if the taking of long service leave of less than one term has been approved by the schoolCollege. (iiic) Where a Teacher requests and is granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with clause 12.3(d)(ii9.5(b) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions of clause 10.65.6, Pro-Rata Annual Leave Payment – Teachers Who Take Approved Leave Without Pay, of the Award. (iv) A Teacher may request to take long service leave at half pay and the School may approve such request. Where such request is granted, any period of non- term time falling within the period of leave (but not adjacent to the period of leave) will be paid at half pay. Provided however that in the case of the school summer non term time, the payment shall be calculated in accordance with the provisions of clause 10.7 Teachers Whose Hours Have Varied and clause 10.3 Calculation of Payments, as if the period of leave on half pay were a period of part-time work. (v) A Teacher may request to take long service leave in a short block of one week or more and it is up to the School’s discretion whether to approve the leave. (vid) Where long service leave is not taken in full term periods or in accordance with clause 12.3(d)(ii9.5(b) it will be inclusive of pupil vacations, other than unless the four weeks of annual College agrees that the pupil vacation that precedes or follows the long service leave at the commencement of the school summer vacationshall not be counted as long service leave. (viie) Where a Teacher is entitled to an amount of long service leave which is in excess of a school term Term, the Teacher may elect not to take that part of the long service leave which is in excess of a term [Term (“the deferred leave], ”) until such time as the Teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole termTerm. (f) Subject to the provisions of this clause 9.5, any long service leave shall be inclusive of any public holidays falling within the period of such leave.

Conditions of Taking Leave. (ia) Where a Teacher has become entitled to long service leave in respect of the Teacher's service with the schoolCollege, the school College shall give to the Teacher and the Teacher shall take the leave as soon as practicable practicable, having regard to the needs of the school College, provided always that unless the school College otherwise agrees agrees, the Teacher shall give not less than two school terms’ ' notice of the Teacher's wish to take leave leave, and further provided that the school College shall give the Teacher not less than two school terms' notice of any requirement that such leave be taken. (ii) Where long service leave . Provided however that a Teacher who is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior entitled to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within and following the period take four weeks of long service leave. A period of long service , shall be entitled to take the leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent as soon as practicable, having regard to the period needs of leavethe College’s business, if the taking of long service leave of less than one term has been approved by the schoolunless otherwise agreed. (iiib) Where a A Teacher requests may request and is be granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with clause 12.3(d)(ii) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions of clause 10.6comprises one or more complete school terms. (ivc) A Teacher may request to take long Long service leave at half pay and the School may approve such request. Where such request is granted, any period will be exclusive of non- term time falling pupil vacation periods adjacent to or within the period of leave (but not adjacent to the period of leave) will be paid at half pay. Provided however however, that in the case of the school summer non term time, the payment shall be calculated in accordance with the provisions of clause 10.7 Teachers Whose Hours Have Varied and clause 10.3 Calculation of Payments, as if the period of leave on half pay were a period of part-time work. (v) A Teacher may request who wishes to take long service leave in a short block of one week long service leave immediately before, immediately after, or more and it that spans across a pupil vacation period, then the College may impose as a condition of the granting of such leave that the leave is up inclusive of the pupil vacation period adjacent to or within the School’s discretion whether to approve the period of leave. (vi) Where long service leave is not taken in full term periods or in accordance with clause 12.3(d)(ii) it will be inclusive of pupil vacations, other than the four weeks of annual leave at the commencement of the school summer vacation. (viid) Where a Teacher is entitled to an amount of long service leave which is in excess of a school term the Teacher may elect not to take that part of the long service leave which is in excess of a term [(the deferred leave]), until such time as the Teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.

Conditions of Taking Leave. (i) Where a Teacher has become entitled to long service leave in respect of the Teacher's service with the school, the school shall give to the Teacher and the Teacher shall take the leave as soon as practicable having regard to the needs of the school provided always that unless the school otherwise agrees the Teacher shall give not less than two school terms’ notice of the Teacher's wish to take leave and further provided that the school shall give the Teacher not less than two school terms' notice of any requirement that such leave be taken. (ii) Where long service leave is taken so that it commences on the first day after a period of pupil vacation, which falls between school terms, and concludes on the last day prior to a period of pupil vacation which falls between school terms, such long service leave shall be exclusive of the pupil vacation periods occurring prior to, within and following the period of long service leave. A period of long service leave taken wholly within one term shall also be exclusive of pupil vacation periods adjacent to the period of leave, if the taking of long service leave of less than one term has been approved by the school. (iii) Where a Teacher requests and is granted up to one week's leave without pay to be taken in addition to long service leave such that the total period of leave is in accordance with clause 12.3(d)(ii12.5(d)(ii) the conditions of that clause shall apply, provided nothing in this paragraph shall affect the provisions of clause 10.6. (iv) A Teacher may request to take long service leave at half pay and the School may approve such request. Where such request is granted, any period of non- non term time falling within the period of leave (but not adjacent to the period of leave) will be paid at half pay. Provided however that in the case of the school summer non term time, the payment shall be calculated in accordance with the provisions of clause 10.7 Teachers Whose Hours Have Varied and clause 10.3 Calculation of Payments, as if the period of leave on half pay were a period of part-time work. (v) A Teacher may request to take long service leave in a short block of one week or more and it is up to the School’s discretion whether to approve the leave. (vi) Where long service leave is not taken in full term periods or in accordance with clause 12.3(d)(ii) it will be inclusive of pupil vacations, other than the four weeks of annual leave at the commencement of the school summer vacation. (vii) Where a Teacher is entitled to an amount of long service leave which is in excess of a school term the Teacher may elect not to take that part of the long service leave which is in excess of a term [the deferred leave], until such time as the Teacher accumulates further entitlements which when taken together with the deferred leave enables long service leave to be taken for a whole term.