This is the Issued [printed] version of

LEAVE WITHOUT PAY
Section 17.05

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OVERVIEW

17.05.01 Leave without pay is not an automatic right and is not an entitlement. It is a special provision which may be granted on infrequent occasions to meet a staff member's particular need.

17.05.02 While other forms of leave may involve an unpaid portion (e.g. maternity leave without pay), this policy relates to the approval for leave to be without pay in particular circumstances. Refer to the relevant sections of the Personnel Management Handbook for policy covering the other forms of leave.

REFERENCES

Macquarie University General Staff Enterprise Agreement 1997 Clause 10.06

Macquarie University Academic Staff and English Language Centre Teachers Enterprise Agreement 1997 Clause 10.06

POLICY

17.05.03 This policy applies to both Academic and General staff. In all cases, approval is subject to the convenience of the University.

Approval of Leave Without Pay

Up to fifteen (15) working days

17.05.04 An application for a period of leave without pay up to fifteen (15) working days for full-time staff (or pro-rata for part-time staff) may be approved by the Head of Division or Office or delegated officer, without the staff member being required to first use available annual leave and/or long service leave credits. Reasons for the leave without pay being requested need not be advised to the Personnel Office but may be required by the Head of Division or Office.

Between fifteen (15) working days and six months

17.05.05 Applications for a period of leave without pay between fifteen (15) working days and six months for full-time staff (or pro-rata for part-time staff) may be approved by the Head of Division or Office or delegated officer if one of the following reasons apply:

the leave is for personal reasons and the staff member has no annual leave or long service leave credits available; or

the leave is for personal development purposes, where the Head of Division or Office or delegated officer does not consider that absence on duty is appropriate; or

the leave is sought on compassionate grounds, for which family responsibility leave is not appropriate, and the staff member wishes to preserve available annual leave and long service leave credits.

17.05.06 Reasons for leave without pay between fifteen (15) working days and six months being requested are to be provided to the Head of Division or Office or delegated officer.

In excess of six months

17.05.07 Application may be made for periods of leave without pay which exceed six months (or pro-rata for part-time staff), on the grounds that the leave is to be used for:

personal reasons; or

personal development purposes, where the Head of Division or Office or delegated officer does not consider that 'absence on duty' (see Section 17.04) is appropriate; or

compassionate purposes, for which family responsibility leave is not appropriate, and the staff member wishes to preserve available annual leave and long service leave credits.

17.05.08 Approval of leave without pay which exceeds six months will be subject to the following conditions:

the staff member being required to use annual leave and long service leave credits available, where leave is for personal reasons, unless the Head of Division or Office or delegated officer recommends otherwise; and

the staff member being required to undertake to meet any additional superannuation costs (see 17.05.19); and

the supervisor confirming that satisfactory alternative arrangements are able to be made to meet the needs of the Division or Office during the absence.

17.05.09 Full details of the leave without pay exceeding six months and the reason for requesting it are to be submitted on the application (together with an application for any associated leave) through the Head of Division or Office to the Personnel Office.

17.05.10 Applications for leave without pay exceeding six months and up to two years will be submitted for approval by the appropriate Deputy Vice­Chancellor.

17.05.11 Applications for periods of leave without pay in excess of two years will be regarded as exceptional and will be referred to the Vice-Chancellor for approval.

Effect of Leave without Pay on other Entitlements

Effect on Incremental Progression

17.05.12 Where a period (or periods) of leave without pay (including maternity leave without pay) exceeds in aggregate fifteen working days in the incremental period for full-time staff (or pro-rata for part-time staff) the increment date will be advanced by a period equivalent to the whole period of leave without pay.

Effect on Long Service Leave

17.05.13 Where a period (or periods) of leave without pay (including maternity leave without pay) exceeds an aggregate of six months, the excess over six months will not be taken into account in determining total service for long service leave purposes.

17.05.14 Where the staff member is granted long service leave on half pay or maternity leave on half pay, long service leave shall accrue at the normal full rate of entitlement during that period.

Effect on Annual Leave and Annual Leave Loading

17.05.15 Where a period or periods of leave without pay (including maternity leave without pay) exceeds in aggregate fifteen working days for full-time staff (or pro-rata for part-time staff) in any calendar year, the period of absence from duty on leave without pay shall not be counted as service for the accrual of annual leave in that year. (Entitlements to annual leave loading shall be adjusted in the same way.)

17.05.16 Where the staff member is granted long service leave on half pay or maternity leave on half pay, annual leave shall accrue at half the rate during that period.
17.05.17 Where the period of leave without pay has been granted in respect of a period of incapacity for which compensation has been authorised under the Workers' Compensation Act 1987, this shall not affect the accrual of annual leave.

Public Holidays Occurring within a Period of LWOP

17.05.18 Public Holidays will be paid where they fall within a period of approved leave without pay of up to 10 working days for full-time staff (or pro-rata for part-time staff).

Superannuation

17.05.19 For the purposes of determining the liability of staff members for Superannuation contributions during periods of leave without pay any absence is deemed to be either 'Prescribed' or 'non Prescribed'.

Prescribed Leave

17.05.20 Prescribed leave is defined by the State Funds (refer below). The SSAU and the Professorial Scheme do not have prescribed leave without pay and for all periods of leave without pay membership may be suspended or maintained. However, it is considered appropriate that the prescribed leave definitions of the State funds should be applied in respect of all schemes.

17.05.21 Generally speaking, the guidelines as issued by the State Superannuation Board under the Superannuation Act 1916 (NSW) will be followed in this regard. The Vice-Chancellor retains an over riding discretion to approve any application with appropriate costing arrangements.

17.05.22 Prescribed leave is a period of leave without pay during which a staff member is on leave of absence from employment with the University:

pursuant to ill health or a grant of sick leave;

pursuant to a grant of maternity leave;

for a period during which the staff member receives periodic payments under an Act relating to Worker's Compensation;

on secondment to the service of the Government of the Commonwealth or another State or in the service of a public authority constituted by or under an Act of Parliament of the Commonwealth or another State;

on service with the naval, military or air force of the Commonwealth;

on secondment to another employer;

to enable the staff member to perform duties that the University certifies to be in the interests of the University or the State;

in other special circumstances approved by the Vice-Chancellor and the State Superannuation Board.

17.05.23 In respect of prescribed periods of leave without pay, the staff member will meet their usual contributions and the University will continue to meet its contributions (including the deferred liability in the case of the State Superannuation Fund).

17.05.24 Where a secondment or other arrangement is made whereby the University will be reimbursed for salary costs by another body, that employer is required to remit to the University all employer superannuation costs, including the deferred liability in respect of the State Superannuation Fund.

Non Prescribed Leave Without Pay

17.05.25 Non Prescribed leave without pay is any leave not regarded as 'Prescribed Leave' within the guidelines outlined above. In general, this will be leave without pay which is for personal reasons, including personal development which is not considered by the Head of Division or Office to be relevant to the employment of the staff member. The following policies apply in respect of the Funds indicated.

State Superannuation Fund (SSF):

for periods of three months or less, the staff member will meet the full cost of normal staff member contributions and the University will meet the full employer cost, including the deferred liability;

for periods in excess of three months:

where the staff member elects to retain full entitlements, the staff member is to meet the full cost of their normal current contributions together with the employer current contributions plus the deferred liability for the entire period of leave without pay;

where the staff member elects to reduce entitlements, the staff member is to meet the staff member contributions only.

State Authorities Superannuation Scheme (SASS):

as there is no option to maintain membership, both the staff member and the employer contributions are suspended for all whole calendar months during the period.

Superannuation Scheme for Australian Universities (SSAU):

where the staff member elects to maintain membership:

for periods of three months or less, the staff member will meet the full costs of normal contributions and the University will meet the full employer cost;

for periods in excess of three months, the staff member will meet the full cost of their normal contributions, plus the full cost of University contributions for the entire period less 15% to allow for the taxation which will not be due as the member is paying the employer contribution;

in both of the above instances, it is possible to elect a reduced rate of contributions. The normal rate is 7% for the staff member and 14% for the employer but the staff member may elect to make contributions from 1% to 6%, if desired, and the employer contribution would be double the rate elected;

where the staff member elects to suspend membership, no contributions are due regardless of the duration of the leave without pay.

PROCEDURES

17.05.27 Staff applying to take leave without pay should submit their application on Form 17.05a to the Head of Division or Office for approval or recommendation and for forwarding to the Personnel Office.

17.05.28 Where the leave requested exceeds six months, the application will be submitted for the approval of the relevant Deputy Vice-Chancellor or the Vice-Chancellor (including a decision as to whether any other leave should first be used). The Division/Office will be advised of the decision through a copy of the application form.

SOURCES OF INFORMATION

Gail Flint, Personnel Office (9787)

Christine Tse, Personnel Office (9783)

Re Superannuation
Marie Richardson, Personnel Office (9773)