For everyone Q&A: your Term 3 questions answered
Our best advice on your most common – and uncommon – concerns.
Schools
Q. I have been asked to be part of a wedding on a Friday when I would usually be at work. Can I take this as personal leave?
A. Personal leave can only be used for the following reasons: personal illness or injury; or for the purposes of caring for an immediate family or household member who is sick or injured and requires your care or support, or who requires care or support due to an emergency. The MSC receives regular questions about using this form of leave for attendance at family events, moving house, or going on a holiday. Unfortunately, this type of leave cannot be used for those purposes. The appropriate forms of leave to use in these situations, including weddings, is either Long Service Leave or Leave Without Pay. To ensure that you are never issued with a ‘Please Explain’-type letter from the department, please ensure that you only use personal leave for the purpose it is intended.
Q. I have a new ongoing position but think my commencement salary is incorrect. I have a ‘patchwork’ history of teaching service – with several short fixed-term contracts and CRT work. How can I check?
A. You can access the Department of Education’s commencement salary calculator found in the ‘resources’ section of the DE’s ‘Remuneration – Teaching Service’ policy in the HR Policy and Advisory Library. Enter your work history into this calculator and it will generate an estimate of what your commencement salary should be, according to how many years of teaching experience you have.
If you believe you are being paid incorrectly, you can request a Statement of Service for the fixed term contract work for the department. You can also request statements for any CRT work you undertook through an agency and/or directly through schools. Note: Any CRT work counts towards recognition of prior service. In order to have one full year of service recognised for salary purposes, you must meet the 200 day or 1200-hour threshold. This can include ongoing, fixed term and CRT work. These statements should be provided to your school’s Business Manager so they can review your remuneration and ensure your salary classification is correct.
Q. I have a part-time contract, but regularly do extra hours. If I take leave, can this be paid at the hours I’ve actually been working or only my base contract hours?
A. If members find themselves doing regular hours well above their contract, over an extended period of time, we encourage them to call the AEU for advice around trying to get these recognised as their permanent hours, if this is what they wish to do. Otherwise, an employer can extend the hours of a part-time employee on a week-by-week basis between their base hours and 38 hours a week, and if the employee seeks a form of leave, such as long service leave or parental leave, the employer can revert to their contract hours.
Q. I’ve been working on a special project at work and my colleague told me I should receive payment for this. What sort of payment might I be entitled to?
A. As noted in the Victorian Government Schools Agreement (2022), a special payment may be paid to an employee for undertaking a task that is additional to the responsibilities required at their respective classification level and salary range or as an attraction and/or incentive.The minimum special payment is $925, and it can either be paid in fortnightly instalments or as a lump sum, depending on agreement between the principal and employee. An employee on paid personal leave, who is in receipt of fortnightly payments, will continue to receive the special payment for one month or until the expiration of the special payment arrangement – whichever is earlier.
Q. I know that in the VGSA 2022 paid partner leave was increased to 20 days, but is there any leave I can access to attend pregnancy-related medical appointments with my partner, who is pregnant?
A. The VGSA 2022 brought in paid pre-natal leave for both pregnant employees and the partners of pregnant people. If you are pregnant, you can access paid leave of up to 38 hours to attend routine medical appointments related to your pregnancy, so long as you can provide medical certificates and plan appointments to minimise disruption to educational delivery at your school.
Pre-natal leave is additional to your personal/carers leave entitlement. As the partner of a pregnant person, you have access to 15.2 hours of pre-natal leave to attend pregnancy-related appointments with your partner, with the same provisos as above.
TAFE and Adult Provision
Q. I have moved to another disability service. Can I take my long service leave with me?
A. Yes! The Portable Long Service Leave Scheme allows you to build up long service entitlements based on time working for different employers in the disability service industry. Each employer must register you for the scheme. If one of your employers hasn’t done so, you should contact them to follow up.
When you are registered, you are given a Worker ID that you should provide to any new employer. This ID allows you to access the Worker Portal where you can track your LSL contributed by your various employers and see your total LSL accrued. It is good to regularly check the portal to make sure your employer is logging your correct working hours. Long service leave accrued prior to 1 July 2019 is not covered under the scheme.
Early Childhood
Q. I work at an early childhood centre under the VECTEA. I have a 30-minute lunch break each day on my timetable. Should I be paid for this time?
A. In the VECTEA there are two options for a lunch break. It is either a paid lunch break and part of your planning time – and so should be counted towards your planning time within the working week. Alternatively, it is an unpaid lunch break and therefore free from any duties. It is important to look at how many hours your timetable allocates to teaching and non-teaching duties and ensure that you get 30 minutes of non-contact time per hour of teaching to see whether your lunch break is being counted in this planning time or is an unpaid break.
Q. I have been asked to take on the role of teacher in charge for the rest of the year. What does this require, and is there any pay for the extra responsibility?
A. The role is recognised under both the EEEA and the VECTEA for a teacher to be paid an allowance of 4% of the current 1.1 rate on top of your current hourly rate. It requires a centre where two or more units are operating to appoint a teacher to take responsibility for the daily running of the centre when they are onsite. This could include opening and closing the centre, being the contact person for parents, and other tasks required for smooth and safe daily operations.
Q. I have been asked to attend a meeting with HR and I think there has been a complaint about me. Do I have to attend?
A. Yes, you do have to attend this meeting with your employer, unless there are medical reasons why you cannot be there. If unwell, you would need a letter of support from your doctor, and we can support you in rescheduling. You will only be given details of any complaints at the meeting. You have the right to take a support person with you who can take notes. This could be an AEU MSC team member or someone else of your choice.
You can ask for more time to provide responses to the complaint matter, and we can advise you on your verbal and/or written response. This is important as it your opportunity to provide your version of events before your employer makes any decision. Many complaint matters can be resolved via the complaints process, and it is best to fully co-operate. If the matters are not resolved, we can continue to support you.
