Extended Special Leave

Extended special leave may be granted in special circumstances as detailed within this document.

Who does this apply to Permanent employees (officers and general employees) and state school teachers.

What you need to know

Broad Overview

Permanent employees (officers and general employees) other than teachers

Extended special leave for employees (excluding teachers) may be granted without pay for up to three years. For the purpose of consistency a period of extended special leave should be at least three months. The relevant approval authority may exercise discretionary powers to approve shorter periods of leave in pressing and exceptional circumstances.

Extended special leave may be granted for any purpose that may also include the following:  family responsibilities including extension of maternity, paternity and adoption leave, and for caring purposes  travel within Australia or overseas  extension of mission leave and leave for Australian volunteers abroad  extension of study leave or to pursue studies not covered by SARAS  employment outside the Department (subject to complying with terms of the Code of Conduct). Leave for the purpose of working in non-state schools will not be granted for teachers or administrators or professional development.

Except where leave is required in pressing and exceptional circumstances, a period of three months notice should be given prior to the commencement date.

Employees need to have at least two years continuous satisfactory service immediately prior to going on leave. A significant time period is expected to lapse between each application for extended special leave.

Employees on extended special leave may be granted parental leave to a maximum of 52 weeks. Then, if required, another period of extended special leave, to a maximum of two years, may be granted. This provision should be read in conjunction with the parental leave procedure

All accrued paid leave need not be taken before unpaid leave is granted. If accrued paid leave (recreation and/or long service leave) is requested as part of the total period of absence, it needs to be taken at the beginning of the period of extended special leave.

Employees granted unpaid extended special leave may engage in other paid employment. Officers should avoid conflicts of interest and adhere to the provisions of the Code of Conduct.

Leave is approved subject to Departmental convenience and can not exceed three years initially. If at the conclusion of that period it can be demonstrated that both the employee and the Department will benefit by extending the period of absence, then consideration may be given to the approval of further leave.

Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Page 1 of 3 Officers on extended special leave without pay for any period greater than 12 months should be aware that their position may be declared vacant, advertised and filled. See Unattachment from position procedure Action cannot be taken to declare the position of any officer vacant, where the period of absence of that officer does not exceed 12 months. Parental leave is not to be considered as contributing towards this 12-month period. For example, the position of an officer absent on two years leave (combined as 12 months special leave and 12 months parental leave) cannot be declared vacant and filled on a permanent basis.

Where an unattachment decision is made, the office in which that position is located is responsible for planning and budgeting for the officer's salary and/or any severance payment upon the officer's return to duty, until either a new permanent position is obtained, or the severance payment is made.

The Department of Education and Training reserves the right to recall any employee granted extended special leave by giving three months notice.

Employees returning early from a period of extended special leave should give at least three months notice of their date of return. Consideration may be given to reducing this period of notice for an employee who wishes to return early from extended special leave because of compassionate circumstances or financial difficulties. Applications to substitute sick leave for a period of extended special leave without pay where the required notice of early return has not been given will only be approved in exceptional circumstances. Consideration will be given to the period of the extended special leave without pay, the activities that were undertaken during the leave period and any compassionate circumstances that exist. These particular requests are determined in Central Office by the Manager, Payroll Services.

Teachers

Extended special leave (without pay) for teachers is divided into two categories: a. Leave for ‘family responsibility’ purposes where teachers leave applications arise from their family responsibilities. This leave is referred to as ‘family responsibility leave’. b. Leave for ‘other purposes’ is referred to as ‘extended special leave’.

Family responsibility leave may be granted for a maximum period of seven years. Teachers on family responsibility leave are entitled to take parental leave of up to one year and return to extended leave at the completion of the 12 months entitlement. The total number of years of leave cannot exceed seven years.

Extended special leave for other purposes may be granted for a maximum period of three years. It may be extended for periods in excess of three years only in exceptional circumstances where both the teacher and the Department will benefit. One clear term's notice of such an extension is recommended. There is no guarantee that an extension will be given. Teachers on this type of leave may be granted parental leave for up to one year.

While all applications for extended special leave are considered, requests for family responsibility leave, within the guidelines, receive priority consideration.

Applicants for leave should have had their appointment confirmed by the submission of a satisfactory probationary report before consideration is given to the request.

Where leave is for family responsibility purposes, the applicant should provide documentary evidence of the need to take leave. This may include:  birth certificate of a dependant child  medical certificate or a statement of a dependant's need for care  statutory declaration by the applicant that they are ‘the primary care giver’ for the family member.

An applicant applying for an extension of special leave other than for family responsibilities need to demonstrate that significant benefits will accrue to both the employee and the Department.

The Department endeavours to maintain a balance between the number of teachers going on leave and returning from leave. The total number of teachers on leave at any one time should not exceed a manageable level. The regional office determines this level.

Approval of applications for leave is at the discretion of the Department and is dependent upon the Department ensuring an effective service delivery continues to be provided.

Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document. Page 2 of 3 Wherever possible, two clear terms notice of the need for leave is required so that the submission of the leave application coincides with the school staffing cycle. For example, if leave is required for term one then the application should be lodged by the end of term two of the previous year; if leave is required for term three then the application should be lodged by the end of term four of the previous year. This notice may be waived in exceptionally emergent or compassionate circumstances. Applications should encompass a period relating to the school year, i.e. Full terms. Teachers are encouraged to take leave encompassing full school years with applicants returning to work at the start of a school year. The Department may, if circumstances so require, recall a teacher from leave by giving a terms notice.

Teachers returning from leave may be placed in a vacancy at their most recent school or be required to transfer to a vacancy located at another school in the same geographic area within the region. The vacancy will have to correspond with their teaching subject/specialist areas. Any transfer of these teachers outside of the region will be according to the Teacher Transfer Guidelines.

Teachers in promotional positions who are unattached will return to their base region until relocated to a suitable position. These teachers have a lower priority for placement than teachers in promotional positions who have requested relocation based on the length of time in a rural/remote school and those who have lost entitlement to a substantive position.

Teachers on leave should confirm their return date in writing to their relevant regional office. Such confirmation should be received by the end of term two for return the following school year. It is assumed that teachers will resume duty immediately following the approved finish date of leave. Teachers will be advised prior to their recommencement date as to their location for resumption of duty.

Teachers who do not recommence duty following extended leave and have not obtained the approval to further extend their leave are considered to be ‘absent without authorised leave’. Disciplinary action may be taken in such cases.

Teachers requesting an early return from leave are accommodated to the extent that this is possible, without disadvantaging other teachers. Their early return is subject to the availability of vacancies within their preferred geographic area and teaching subject/specialist areas. There is no guarantee of early return.

Wherever possible, the submission of the application for early return to teaching should coincide with the school staffing cycle i.e. application should be lodged by the end of term two for return at the commencement of the following school year.

Notice requirements may be waived for early return in exceptionally emergent or compassionate circumstances. Applications to substitute sick leave for a period of extended special leave without pay, where the required notice of early return has not been given, will only be approved in exceptional circumstances. Consideration will be given to the period of the extended special leave without pay, the activities that were undertaken during the leave period and any compassionate circumstances which exist. The Regional Human Resource Manager, will determine these particular requests. Only in exceptional circumstances will such applications be approved.

Teachers are not required to take all accrued paid leave before unpaid leave is granted. Teachers on extended leave may undertake other employment. Care should be taken to avoid conflict of interest situations.

Except if the total period of unpaid leave was less than one term in duration, teachers do not receive payment for any school vacation occurring immediately prior to resuming duty from a period of extended special leave. Summer vacations attract payment on a pro-rata basis, provided the teacher worked for some time during the preceding year.

Teachers may be required to vacate Departmental or other subsidised accommodation when taking extended leave. Teachers are to provide the Department with a forwarding address while on leave.

Contact Employees requiring further information should seek advice from human resource personnel in their regional office or Workforce Relations Unit, Human Resources Branch.

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