While the term ‘long service leave” has been commonly used in the teaching service, permanent and temporary teachers receive extended leave in accordance with Part 4, Division 5 of the Teaching Service Act 1980 and Determination 6 of 2006. Long Service Leave as provided by the Long Service Leave Act 1955 is only available to casual teachers. Teachers who work in either a permanent or temporary role and in a casual capacity may have both an extended leave and long service leave entitlement dependent on their service. Refer to section 4.7.19 for long Service Leave. With the 2018 rollout of the SAP HR Payroll system, changes have been made to the accrual of extended leave and long service leave. In addition to this handbook chapter, further information can be found in the Leave Simplification Factsheet – Extended Leave and Long Service Leave for Teachers.
The accrual of extended leave is calculated on working days that is Monday to Friday. This is a change from the long standing practice of extended leave accruing in calendar days that included weekends. The new accrual rate is: a) 44 working days for 10 years of service. Extended leave is accessible on a pro-rata basis after 7 years of service; b) 11 working days per year after 10 years of service; c) Pro rata accrual for periods of part time work, including work under a part time leave without pay arrangement. Permanent part time teachers, part time temporary teachers and teachers on part time leave are eligible for extended leave on the same basis as that of full time teachers however the entitlement is calculated and paid on a pro-rata basis. For more details see the tables of extended leave accrual at section 4.7.18.
Employees are entitled to take extended leave after the completion of seven years’ service in accordance with the following provisions. a) The minimum period of extended leave that may be taken is half a day. b) Extended leave is calculated on a five day week basis. c) Except as outlined in e) below, when extended leave is taken during service, leave commences from the first working day of absence and expires on the day before resumption of duty. d) In the case of a part time teacher the extended leave continues until the day prior to the next working day of the part time program. e) If a period of extended leave is taken immediately prior to a school vacation, extended leave expires on the last day of term. f) Public holidays that fall whilst a teacher is on a period of extended leave will be paid and not debited from a teacher’s leave entitlement. g) Extended leave will not be granted on a part time basis. h) Teachers are eligible to take a combination of leave without pay and extended leave. The extended leave must precede the leave without pay except in the case where the leave is being taken prior to resignation or retirement. Irrespective of teachers’ entitlements, they do not have to exhaust accrued extended leave prior to the commencement of leave without pay.
a) A teacher with an entitlement to extended leave may elect to take leave at double pay. The additional payment will be made as a taxable allowance payable for the period of the absence from work. The teacher's leave balance will be debited for the actual period of the absence from work and an equivalent number of days as are necessary to pay the allowance will be deducted. b) The allowance is not superable for members of the closed NSW public sector superannuation schemes: the State Superannuation Scheme and the State Authorities Superannuation Scheme. The allowance is superable for members of First State Super or another complying fund of their choice. c) Other leave entitlements and service benefits will accrue at the single time rate where a teacher takes extended leave at double pay. d) Where a teacher elects to take extended leave at double pay, a minimum period of one week should be taken. e) Public holidays that fall during a period of double pay extended leave will not be debited from a teacher’s leave entitlement. An additional leave day will be debited to fund the allowance. f) Double pay extended leave may only be combined with another form of unpaid leave.
a) Applications for extended leave should be submitted at least three (3) months in advance. Teachers seeking to proceed on leave on day 1 of term 1 are to submit their leave application at least three (3) months prior to the end of the school year. b) Should special circumstances arise such as compassionate or other good reason, shorter notice may be accepted. c) There are no restrictions as to when a period of extended leave may be taken but prior to submitting an application for leave, teachers should exercise their professional judgement with regard to the impact of such leave on the students in the school. d) In exercising their professional judgement, teachers should also consider the educational and other advantages including vacation pay entitlements, in taking extended leave for a whole school term or terms. e) If the period for which leave has been applied is not convenient to the school because of reasons such as staffing difficulties, educational programs and student needs, then a mutually convenient time may be negotiated between the principal and the teacher. The personal circumstances of the teacher will also be a relevant factor in negotiating an alternative period of leave. f) Extended leave accrued between five (5) and seven (7) years cannot be taken as leave. The monetary value of this leave may be paid on resignation or termination of services depending upon the reason (see sections 4.7.14 and 4.7.15). NOTE: Teachers must check that extended leave applications have been approved prior to making any financial commitments.
a) Extended leave may be taken on full, half or double pay or as a combination thereof after completion of seven or more years of paid service.
b) Extended leave on half pay will only accrue vacation pay and entitlements at half the normal rate.
c) Extended leave on double pay accrues vacation pay and entitlements at the normal, single time, rate.
d) Teachers approved extended leave may request to be paid in advance for those pay days occurring during a period of extended leave. Although vacations are not debited as extended leave, where extended leave is taken immediately before or after, or spans a student vacation, and payment in advance is requested, pay in advance is also made for those pay days that fall within the vacation period.
e) Requests for payment in advance for leave must be made to EDConnect HR Shared Services by phone or via an online query, after the teachers leave request is approved by their principal or line manager.
f) Where the leave spans a financial year, the teacher may request to be paid in two lump sums. In this case one payment will be made at the commencement of the leave and a further payment made in the first pay period in the following financial year.
a) Subject to d) below, annual allowances specified in the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2017 are payable while on extended leave.
b) A principal’s expense allowance is payable while on extended leave.
c) Where the conditions of section 1.5.2.5 (b) are met, payment of a higher duties allowance is limited to an aggregate period of 21 days in any period of twelve (12) months.
d) Locality allowances paid under the provisions of the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2017 are not payable while on extended leave.
e) Living, disability and travelling allowances are not payable while on extended leave.
f) Allowances which are paid on a daily basis are not payable while on extended leave.
g) Where an employee takes double pay extended leave any allowances will be paid at the single rate only.
a) Except for the circumstances outlined in c) below, prior to the completion of ten (10) years paid service, leave without pay does not count as service for extended leave purposes.
b) On completion of ten years paid service, leave without pay counts as service under the following conditions:
c) Irrespective of a teacher’s length of service, absences without pay count as service for extended leave purposes in the following circumstances:
d) Unauthorised absences do not count as service for extended leave purposes irrespective of a teacher’s length of service.
a) Teachers will have a right of return to their school following a period of extended leave.
b) Right of return may be affected if extended leave is combined with another form of leave, depending on the type of leave and the length of absence. For example, where a teacher takes extended leave and then immediately proceeds on leave without pay for three years then they will lose right of return to their substantive position.
a) Where a teacher has exhausted their family and community service leave entitlement or requires further leave in compassionate circumstances, a teacher may apply to take accrued extended leave.
b) Teachers wishing to have a period of half or no pay leave followed with extended leave should indicate this when making the application for leave.
a) A teacher who becomes ill while on extended leave and who has sick leave to credit, may apply to have the extended leave recredited. To be eligible for a recredit of extended leave the teacher must have been ill for a period of at least five (5) continuous working days during the extended leave.
b) An application under this clause must be accompanied by a medical certificate stating the nature and duration of the illness.
c) This provision applies to teachers on extended leave prior to retirement. It does not apply to teachers on extended leave prior to resignation or termination of services.
d) A teacher’s vacation entitlement will not be reduced in situations where the whole or part of a period of extended leave is recredited to sick leave and the leave would not otherwise have incurred a reduction in vacation entitlement.
Sickness while on extended leave is the only circumstance in which extended leave will be recredited.
a) Vacation pay entitlements for teachers are determined in accordance with the provisions of Determination 6 of 2016 - Annual Leave and Payment for Non-Attendance by Teachers in Non Term Weeks.
a) Where extended leave is taken on half pay it will attract half pay vacations and half pay leave entitlements.
a) Teachers who resign, retire or whose services are terminated, having completed seven (7) years paid service, are paid the monetary value of any extended leave balance.
b) Where a teacher who has not completed seven (7) years actual service but has completed seven (7) consecutive school years’ service, resigns or retires for any reason, payment of the monetary value of proportionate extended leave will be granted provided:
c) Where the services of a teacher with at least five (5) years’ service but less than seven (7) years’ service are terminated by the Secretary for any reason other than the teacher’s serious and wilful misconduct, payment of the monetary value of proportionate extended leave on the basis of 1 month for five year service is made.
d) Teachers with at least five (5) years but less than seven (7) years’ service and who retire or resign on account of illness, incapacity or domestic or other pressing necessity, are paid the monetary value of any proportionate amount of leave on full pay accrued on the basis of 1 month leave for 5 years’ service. Pressing necessity may include marriage, family responsibilities or the impending birth of a child.
e) Teachers with less than seven (7) years’ service should indicate the reason for leaving the service in the appropriate space on the separation form so that full consideration may be given to whether they are entitled to a proportionate payment of extended leave.
f) If a teacher is eligible for payment of extended leave on resignation or retirement, it is not necessary to apply for their entitlement as it is automatically calculated and is deposited in the same account to which salary is normally paid.
g) Where a teacher is resigning to accept employment with a NSW government department the teacher should indicate on the separation form whether they wish for payment to be made for extended leave or for their accrued extended leave entitlement to be transferred to their new employer.
a) Where a teacher who is eligible for extended leave, dies before taking such leave or while on leave, the monetary value of leave for which payment has not already been made will be paid to:
b) These provisions also apply to a teacher who dies after completing more than five (5) years paid service but less than seven (7) years of service.
a) Teachers who take extended leave immediately prior to resignation or retirement can indicate whether or not they are going to relinquish their position from the commencement of the period of leave. An appropriate election should be made with the application for leave.
b) While it is not compulsory to relinquish a position, in these circumstances it will assist the school in respect of staffing.
a) The following periods of service shall be recognised as service for extended leave purposes:
Generally, a break in service in excess of two (2) months between:
School vacations or approved leave are not counted in the two (2) months period, nor do they constitute a break in continuity of service.
b) Previous periods of permanent and temporary full time and part time teaching service are automatically recognised and where appropriate credited at the time a teacher is re-employed.
c) Teachers who have previously been employed in the Public Service or by the NSW Technical & Further Education Commission must make written application to the relevant EDConnect HR Shared Services for recognition of such service. A Statement of Service from the previous employer must accompany the request.
a) Teaching service overseas or service with a private school in Australia is not recognised for extended leave purposes.
b) In some circumstances previous teaching service with other State or Commonwealth Departments of Education or service other than teaching with a Governmental authority of the Commonwealth or another state or a New South Wales authority may be recognised for extended leave purposes.
A teacher who commenced employment with the Department after 1 January 2006, who had a period of service with a Commonwealth, interstate or NSW public sector agency and whose service is continuous shall have such service recognised in accordance with the requirements of Schedule 2 of the Government Sector Employment Regulation 2014.
A teacher who commenced employment with the Department prior to 1 January 2006 and who had a period of service in the public service of another state, the Commonwealth, a declared authority under the Transferred officers Extended Leave Act 1961, or in the armed forces of the Commonwealth of Australia and whose service is continuous shall have such service recognised in accordance with the requirements of the Transferred officers Extended Leave Act 1961.
a) Under Schedule 2 of the Government Sector Employment Regulation 2014 teachers eligible for recognition of service are those who:
b) Under the Transferred officers Extended Leave Act 1961, teachers eligible for recognition of service are those who:
a) For the purpose of the Transferred officers Extended Leave Act 1961 service shall be deemed to be continuous under the following circumstances:
b) For the purpose of Schedule 2 of the Government Sector Employment Regulation 2014 service shall be deemed to be continuous under the following circumstances:
a) With the exception of teachers who transfer from a former declared NSW Public Sector Authority or recognised NSW public sector agency no monetary liability shall be accepted for any extended leave accrued with another employer. Where applicable, the teacher shall be paid the monetary value for such leave by the previous employer and recognition shall only be granted for the period of service.
b) If a teacher transfers within the meaning of the Regulation, to the Teaching Service from a declared NSW Public Sector Authority or recognised NSW public sector agency, monetary liability for accrued extended leave will be accepted by the Department provided that the teacher does not accept payment on resignation from the previous employing authority.
c) Where a teacher is employed by the Department and has had previous service with a declared employer under the Transferred officers Extended Leave Act 1961 or with a recognised commonwealth, interstate or NSW government agency under Schedule 2 of the Government Sector Employment Regulation 2014 recognised as service for extended leave purposes, all previous service accepted by the prior employer for extended leave purposes shall be credited.
d) As a general rule, a teacher becomes entitled to extended leave in respect of the total period of acceptable service less leave paid for or taken during service.
a) In order to apply for recognition of previous service with a state or Commonwealth authority, teachers should submit a written request to the relevant Employee Services Centre, and accompany the application with a statement of service from the previous employer. The statement of service should indicate the period or periods of employment, the FTE of the service, details of any leave without pay or unauthorised absences (or confirmation of nil leave taken) and where appropriate details of extended leave taken during service or for which payment in lieu of leave was made on cessation of employment.
b) Teachers requesting recognition of service with the armed services of the Commonwealth of Australia should make application to the relevant Employee Services Centre for recognition of such service and accompanying the application with a copy of their service record from the Department of Defence.
c) Teachers initially employed as a temporary or casual teacher who meet the “continuous service criteria” may also be eligible (under the Transferred officers Extended Leave Act 1961 or Schedule 2 of the Government Sector Employment Regulation 2014) to claim recognition of previous service.