This policy covers the provision of Recreation Leave (including Annual Leave) for staff at Australian Catholic University.
This policy covers the provision of Recreation Leave (including Annual Leave) for staff at Australian Catholic University.
This policy informs staff members of their entitlements to Recreation Leave and its application at ACU and has been developed to support the provisions set out in the ACU Staff Enterprise Agreement 2022 - 2025.
The policy provides details of arrangements for annual leave including:
Recreation Leave is the term used at ACU to encompass:
Recreation leave is intended to assist staff to achieve work-life balance.
Continuing and fixed-term staff have entitlements to recreation leave and are encouraged to take their annual leave in the year that it is accrued. Staff and supervisors are responsible for annual leave planning and management and should work together to avoid high annual leave balances. A staff member may be directed to take annual leave if their annual leave balance exceeds 40 days (or pro rata for part-time and fractional).
3.1 This policy applies to all continuing and fixed term staff of the University.
3.2 Staff engaged on fractional basis (i.e. for a fixed number of weeks in the year) are entitled to:
3.3 Staff engaged on a part-time basis (i.e. for a fixed number of hours per fortnight which is less than full-time) are entitled to Public Holidays that fall on their normal working days.
3.4 Staff engaged to undertake shiftwork, ie with stated terms to work on a rostered basis outside of the normal span of hours (normally 8.00am to 6.00pm Monday to Friday, unless extended to 7.30am to 7.00pm to maintain a University service or activity) are entitled to an additional one week of recreational leave.
3.5 Recreation Leave consists of:
Public Holidays
Minimum of ten (10) Public Holidays per annum as observed in each State or Territory to be taken on the day gazetted by the relevant State or Territory authority.
National Public Holidays:
Local Public Holidays:
Annual leave
Twenty (20) working days annual leave per annum (pro rata for part-time and fractional staff). See section 4 of this Policy.
University Holidays
Three (3) University Holidays are declared each year and taken in conjunction with the annual Christmas closedown. The University Holidays occur on days which are not covered by a gazetted Public or Declared Holiday.
Staff members are entitled to annual leave on full pay accruing at the rate of 20 working days (or pro rata) for each completed paid year of service from the date of their commencement. Annual leave accrues at the rate of 1.66 (recurring) days per month (or pro rata), provided the staff member is not absent on unpaid leave which does not count as service (for example under the University’s Leave Without Pay Policy and/or Parental Leave Policy).
Where a Public Holiday occurs during the period a staff member is absent on annual leave and such Holiday is observed on the relevant campus, no deduction will be made for that day from the annual leave credits of the staff member.
Annual leave balances and plans will be discussed as part of the ongoing Progress Plan conversations between the staff member and their nominated supervisor. Staff and their supervisors are expected to make provision for annual leave to be taken to support staff health and wellbeing by enabling staff to take a break from work to recuperate.
For Academic Staff, annual leave plans will be discussed as part of workload planning and allocation. The full annual academic workload allocation of 1590 hours assumes that an Academic Staff member will take their accrued annual leave for the calendar year. Where all accrued annual leave for a calendar year is not taken, the hours equivalent to the untaken annual leave are available to be assigned as workload hours for other academic activities in accordance with the Academic Workload Policy.
Staff apply for annual leave via Staff Connect. The time(s) of taking annual leave will normally be by mutual agreement between the staff member and their nominated supervisor and the following principles will apply:
A nominated supervisor must not unreasonably refuse to approve a staff member’s request to take an amount of annual leave.
If a staff member and their nominated supervisor are unable to agree upon the time of taking of annual leave, the matter will be referred to the member of the Executive responsible for the unit in which the staff member works.
Where a staff member makes an application for annual leave and they do not have sufficient annual leave to cover the period, the period in excess of the current annual leave balance may be taken as Leave Without Pay.
Leave may not normally be approved during an embargo period(s). An embargo period may apply when there are operational requirements identified by the manager of an organisational unit. Staff members should be advised of such embargo periods normally two (2) months in advance with one month’s notice given of any variations.
Annual leave will normally be outside the teaching period for academic staff.
Where a staff member is ill or incapacitated for two (2) or more consecutive working days while on annual leave the staff member will be placed on Personal (Sick) Leave (where available), provided that a medical certificate from a registered health practitioner or a statutory declaration by the staff member is submitted for the period of the illness. No deduction shall be made from annual leave credits for the days to which the certificate or declaration relates.
When a staff member’s annual leave exceeds forty (40) days (or pro rata), the nominated supervisor is entitled to direct that staff member to take ten (10) days annual leave to reduce the annual leave balance to below thirty (30) days by a specified date.
The direction must be given in writing and copied to the People and Capability Directorate (P&C)1. A template for this purpose is available in the Leave Management Conversation Guide for Supervisors (refer to Guidelines section below).
The direction will give two (2) months’ notice to the staff member to take one of the following options which will be subject to approval by the nominated supervisor:
(i) reduction of their leave balance to below thirty (30 days) within six (6) months of the date of the notice; or
(ii) reduction of their leave balance to below twenty (20) days within one (1) year of the date of the notice.
A further direction may be issued by the nominated supervisor, if, at the expiry of the two (2) month notice period following the direction, the circumstances below apply:
In the further direction, the nominated supervisor may require the staff member to take sufficient annual leave to bring their accrued leave to below thirty (30 days) and may direct the dates on which such leave will be taken. At least two (2) months’ notice of the date on which the staff member is directed to take leave will be given. The direction must be given in writing and copied to the P&C. A template for this purpose is available in the Leave Management Conversation Guide for Supervisors (refer to Guidelines section below).
In the above circumstance, if the staff member does not take the annual leave, the University will be entitled to deduct, from the staff member’s accrued annual leave, the amount of annual leave that the staff member has been directed to take at the conclusion of the directed period.
Staff may not be directed to take annual leave when they are serving a period of notice (of termination of employment).
1 The University’s capacity to direct a staff member to take annual leave in the circumstances outlined in this Policy is considered to be reasonable; and is consistent with the provisions of S93(3) of the Fair Work Act, 2009.
A staff member may apply to cash out up to twenty (20) days of annual leave if the staff member is a full-time staff member, (and pro rata of the full-time entitlement to twenty (20) days if the staff member is a part-time staff member), under the following circumstances:
The nominated supervisor will make a recommendation in relation to the application to the relevant member of the Executive. In exercising their discretion, the matters to be taken into consideration will include the possible work health and safety effect of the staff member foregoing the taking of a period of annual leave, having regard to the pattern and circumstances of leave taken by the staff member during the preceding twelve (12) month period.
Approved cash out of annual leave will be paid, within a reasonable time, at the rate of pay equivalent to the amount the staff member would have received for working the ordinary hours for the period to be cashed out.
The following behaviour is prohibited under the Fair Work Act 2009:
A staff member may elect to enter into an arrangement to purchase additional annual leave of either ten (10) days (two (2) weeks) or twenty (20) days (four (4) weeks) (or pro rata) additional leave in a twelve (12) month period or an agreed period of less than twelve months.
The purchased leave will be funded through the reduction in the staff member’s ordinary rate of pay. To calculate the purchased leave rate of pay, the staff member’s ordinary salary rate will be reduced by the number of weeks of purchased leave and then annualised at a pro-rata rate over the twelve (12) month or averaged over the agreed period.
The conditions for purchase of additional annual leave are:
An application for purchased leave must be made on the Request Purchase Additional Annual Leave in Service Central, on which the staff member will elect the amount of additional leave they wish to purchase (i.e. 10 or 20 days) and the anticipated dates the purchased leave will be taken. The conditions of purchased leave are set out on the form. By signing the form, the staff member agrees to those conditions.
Purchased leave is endorsed by a staff member’s supervisor and approved by the relevant Member of the Executive, on advice from P&C. P&C will identify the 52 week period over which the staff member’s salary will be reduced in order to fund the purchase leave. This will normally commence from the pay period 52 weeks before the end date of the purchased leave, or after agreement to the Individual Flexibility Arrangement by P&C.
The staff member will be provided with a copy of the Individual Flexibility Arrangement within fourteen (14) days after it is agreed to by P&C. P&C will keep a copy of the arrangement as a times and wages record.
(i) by giving no more than 28 days written notice to the other party to the arrangement; or
(ii) at any time, if the University and the staff member agree in writing.
Where an Individual Flexibility Arrangement is terminated or a staff member leaves the University before the end of the 52 week period, a reconciliation will take place. Any leave taken under the arrangement will be calculated at the rate applicable when the leave was taken and any over deducted amounts will be refunded to the staff member. Any amounts owing for leave already taken will remain payable by the staff member.
When a staff member resigns, retires, is dismissed or otherwise terminates from employment, the staff member shall receive payment in lieu of annual leave accrued but not taken. In all instances payment in lieu shall be for annual leave accrued for each completed year of service plus a pro rata amount for the current year of service calculated on a daily basis.
In the event of termination of employment due to the staff member's death, payment in lieu of annual leave not taken where such leave is owing shall be made to the legal representative or estate of the staff member in accordance with the Death in Service Protocol.
Staff who are entitled to annual leave are entitled to annual leave loading. A staff member, who as at 31 December in any year, has qualified for twenty (20) working days (pro rata for part-time and fractional staff) annual leave will be entitled to an annual leave loading equal to 17.5% of four weeks’ salary. Pro rata annual leave loading is paid when a staff member’s employment:
Annual leave loading is subject to a maximum payment of the equivalent to the relevant Report of the Commonwealth Statistician's average weekly total earnings for adult males a (Australia).
Annual leave loading is paid on a payday in December.
Date |
Major, Minor or Editorial |
Description |
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11 July 2016 |
Major |
Policy amended to incorporate:
|
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4 April 2019 |
Major |
Updated to incorporate the provisions of the Australian Catholic University Staff Enterprise Agreement 2017 – 2021. |
||
4 April 2019 |
Editorial |
Updated to incorporate new ACU branding and updated policy template as per the ACU Policy Development and Review Policy. |
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1 July 2020 | Editorial | Updated to clarify annual leave during notice periods. |
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30 Mar 2021 |
Major | Updated to clarify the conditions for purchased annual leave. | ||
18 Nov 2021 | Editorial | Updated to incorporate reference to the Progress Plan. | ||
28 Aug 2023 | Minor |
Updated to incorporate the provisions of the |
The University may make changes to this policy from time to time to improve the effectiveness of its operation. In this regard, any staff member who wishes to make any comments about this policy may forward their suggestions to People and Capability.
Any staff member who requires assistance in understanding this policy should first consult their nominated supervisor who is responsible for the implementation and operation of these arrangements in their work area. Should further information or advice be required staff should visit Service Central.
The Policy Development and Review Policy establishes a framework for defining, developing, maintaining and reviewing ACU’s policies and associated procedures to ensure consistency and quality.
See policy frameworkACU uses templates for the development of its policies and procedures. Resources for Policy Drafters are also available.
See templates and resourcesPolicy Drafters should ensure that the roles and responsibilities set out in their respective policy or procedure is consistent with the levels of authority set out in the Delegations of Authority Policy and Register.
DelegationsContact the Directorate of Governance for policy feedback and advice or to notify of an amended / new policy.
Consult GovernanceVisit Service Central to access Corporate Services.