(1) This Guide provides information for nominated supervisors in the effective management, discussion and planning of staff member’s annual and long service leave. (2) The ACU Staff Enterprise Agreement 2017-2021 (the Agreement), the Recreation Leave (including Annual Leave) Policy and the Long Service Leave Policy outline the arrangements for the accrual and management of annual leave and long service leave for the staff member and the supervisor. (3) The guide is composed of four (4) parts: (4) The benefits of the effective management, planning and application of leave include: (5) Staff members and supervisors both have responsibilities to manage leave. Conversations about the planning and taking of leave are encouraged throughout the year, particularly during progress plan discussions. (6) Staff are responsible for: (7) Supervisors are responsible for: (8) Staff members start accruing leave from the day they commence at ACU. The Agreement outlines the accrual per year for annual and long service leave and any conditions of access to long service leave entitlements. Information is available to staff on Staff Connect. Information is also available to Members of the Executive through the People and Capability Monthly Leave Report available on request. (9) A conversation about leave planning or leave taking can occur at any time. Managing the expectations of staff on planning and taking leave should commence between the nominated supervisor and staff member at the time of induction, and for new academic staff as a part of their annual workload allocation at the time of commencement. (10) The progress plan discussion between staff member and nominated supervisor is a good time to discuss leave planning. The People and Capability Monthly Leave Report enables Members of the Executive to review the accrual, taken and booked leave of all their staff and initiate a discussion where appropriate between staff member and supervisor. (11) For academic staff the planning and taking of four (4) weeks annual leave per year or the equivalent pro-rata amount is a component of their workload allocation. This means that for a full time academic staff member 1595 workload hours are allocated on the basis that 140 hours of annual leave is taken each year, otherwise additional workload can be allocated. (12) Following a conversation about leave planning the staff member should apply for the agreed leave on Staff Connect. This will enable the updating of leave records in the next Monthly Leave Report. (13) When leave is effectively planned and regularly utilised by a staff member in a discussion with and the approval of their nominated supervisor, the management of leave is normally straightforward. However, there are situations where this may not be the case where a staff member: (14) Under the Agreement the University and nominated supervisors have the ability to reasonably direct staff to take leave with appropriate notice under certain conditions. Ideally, in the first instance the nominated supervisor should meet with the affected staff member to discuss planning their leave and to understand any potential barriers (if any) impeding the staff member to take leave, and to consider options and ways to enable leave to be taken. Examples of potential barriers that staff may raise are provided in the table below. (15) It is important to be cautious and consider individual circumstances, workplace or personal; remember that staff will have different perceived barriers to taking leave. It is not a ‘one size fits all’ approach and each conversation can have different outcomes. (16) As a supervisor or Manager of staff you will need to consider: (17) The following are examples of how leave can be taken in various ways, other than as a block, and you may think of other ways which enable staff to utilise their leave based on individual circumstance. (18) Encourage staff to take a combination of holidays and short bursts/periods of leave to reduce workplace, personal or other barriers: (19) A combination of holidays and short breaks minimises personal barriers to taking leave and if taken frequently they encourage employees to spend leave ‘enjoying’ rather than ‘recovering’. (20) The University does genuinely encourage and expect all staff, supervisors and Managers included, to fully utilise their annual leave and long service leave. Whilst it is preferable that staff plan and take leave, staff can request the ‘Cashing Out’ of portions of their annual leave and long service leave balance under certain conditions. (21) Once you have established that a staff member has accrued excess leave, you will need to actively manage the situation to ensure leave balances are reduced to an acceptable level. (22) Arrange to meet with the staff member to discuss their accrued leave and how they will reduce it. This may require more than one conversation in order to consider if there are any barriers to the staff member taking leave, discussing options, and confirming a way forward. The initial meeting is an opportunity for you to: (23) Refer to Part B of this Guide for details on the four (4) step process for excess leave management. (24) Having a conversation with a staff member regarding management of excess leave may be difficult if there is resistance or reluctance. Consider the following advice to assist you in having this conversation: (25) The following table provides a summary of the contents of each template letter. (26) A staff member who is entitled to Long Service Leave will take the leave at a time or times that are mutually convenient to the University. The staff member must give the University six (6) months written notice to take the leave unless the University agrees to a shorter period of notice. (27) A staff member will normally take periods of long service leave in multiples of weeks and may take the leave on full or half pay. (28) In exceptional circumstances, a staff member, upon written request, may be granted approval to take their Long Service Leave for minimum periods of one (1) or two (2) days per week normally for a minimum period of three (3) months. Such circumstances include but are not limited to where a staff member has approval to transition to a pre-retirement contract arrangement. (29) If a staff member has a Long Service Leave entitlement of more than sixteen (16) weeks, the University may provide them with written notice to take up to 12 weeks leave, at a time convenient to the University, provided that: (30) Subject to 3.8.3.6 of the Agreement, an academic staff member who has qualified for long service leave is entitled to take long service leave at a time of their choosing, provided that they give the University at least 6 months’ written notice of such leave is given or, in the absence of such notice, the University consents. (31) Where an academic staff member has accumulated a long service leave entitlement in excess of 4.5 months, the University may give the staff member written notice to take up to 3 months of such leave, at a time convenient to the needs of the institution, provided that: (32) In circumstances where a staff member has become eligible for long service leave, that staff member may elect to cash out a portion of their accrued Long Service Leave credits such that either: (33) The staff member will receive payment at the rate equivalent to the amount the staff member would have received for working their ordinary hours during the period of long service leave to be cashed out. (34) In addition to the application to cash out some of their long service leave, the staff member must provide written notice to the University stating that they wishes to forego taking the Long Service Leave. (35) If a staff member wishes to forego an entitlement to take an amount of Long Service Leave (in accordance with this clause) the University will pay the staff member, within a reasonable timeframe, the amount of monies the staff member is entitled to receive in lieu of the amount of Long Service Leave. (36) Where a staff member ceases employment with the University after seven (7) years recognised service; or after four (4) years recognised service where the staff member retires at their superannuation preservation age or later (including on the grounds of ill health), or dies; the University will pay to the person or their estate equivalent monies to the amount of accrued Long Service Leave not taken. (37) Full versions of the Annual Leave Template letters are available via Leave Letter Templates.Leave Management Conversation Guide
Section 1 - Introduction
Part A - Benefits
Benefits
Responsibilities
Application of Annual and Long Service Leave
Potential Barriers
Workplace
Personal
Other
Ways to Encourage Staff to Utilise Leave
Ways of Taking Annual Leave and Long Service Leave
Cashing out of Annual Leave and Long Service Leave
Management of Excess Leave
Managing Difficult Conversations with Staff
Part B - Annual Leave and Long Service Management
Four Steps to Annual Leave and Long Leave Service Management
Steps
Who
When
Purpose and Actions
Resources and reference material
Step 1
Planning and
Preparation for both the normal yearly accrual and/or any excess annual or long service leaveNominated Supervisor
Starts with induction for new staff. Following commencement a conversation on leave can occur at any time. A People and Capability Monthly Leave Report is available to Executive members on request.
Under 3.11.3.2 of the Agreement an academic staff member and their supervisor are required to make provision for the staff member to take annual leave when consulting about the staff member’s academic workload allocation for the following year.
Step 2
Initial communication with the staff member dependent on the leave balance situationNominated Supervisor and/or relevant Member of Executive
Prompted either by the nominated supervisor reviewing staff leave balances on Staff Connect, the People and Capability Monthly Leave Report, or the Progress Plan conversation.
Nominated supervisor and/or relevant Member of the Executive send relevant template letter to commence the leave conversation.
The nominated supervisor prepares to meet with staff member to discuss the staff members leave situation.
Step 3
Meet with the staff member to discuss the management and planning of leaveNominated Supervisor and Staff member
Following the written advice to the staff member as identified in Step 2 above.
Arrange to meet with the staff member to:
Step 4
Action is taken in line with University policies and the ACU Staff Enterprise Agreement where the staff member’s excess leave balances are not reduced.Nominated Supervisor and Staff member
Leave management plan was not finalised and/or leave requests have not been submitted as agreed at least two months after the initial letter in Step 2 was sent.
Letters are sent to staff members via email from the relevant Member of the Executive directing the staff member to take annual and/or long service leave on specific dates with appropriate notice. Staff members are instructed to discuss any concerns regarding this direction to take leave with their nominated supervisor.
Part C - Template Letters
Template
Who
When
Purpose and Actions
Resources and reference material
Template A Academic staff member has 20 days Annual Leave or less not taken or booked for calendar year
Nominated Supervisor
Academic Staff member has not taken or booked 20 days annual leave and may be under load as a result
Email letter reminds the academic staff member that Annual Leave is a component part of the annual workload allocation.
For a full time academic staff member 1595 workload hours are allocated on the basis of that 140 hours of annual leave is taken each year, otherwise additional workload can be allocated.
Template B Staff Member has accrued annual leave of 30 days and will have 40 days within 6 months
Nominated Supervisor
Staff member has been identified that they will reach 40 days annual leave within the next 6 months and has not submitted a leave request
Template C
Annual Leave greater than 40 days (Letter 1)Relevant Member of the Executive with email cc to Nominated Supervisor
Staff Member has accrued 40 days annual leave and nominated supervisor has not received advice from the staff member of a leave plan
Template D Annual Leave greater than 40 days and staff member has not provided a leave plan or discussed with their nominated supervisor following receipt of Letter 1 (above)
Relevant Member of the Executive with email cc to Nominated Supervisor
Minimum 2 months after Letter 1
Template E Long Service Leave Eligibility
People and Capability with email cc to Nominated Supervisor
When staff member is eligible for long service leave
The letter specifically advises the staff member they are now eligible to utilise long service leave, the terms and conditions and the options available.
Template F
Long Service Leave in excess of 9 weeks option to cash out long service leave letterPeople and Capability with email cc to Nominated Supervisor
Twice per year (July and January)
The letter specifically advises the staff member that they can cash out a portion of their long service leave under certain conditions:
Template G
Long Service Leave in excess of 16 weeks (LSL Letter 1)Relevant Member of the Executive with email cc to Nominated Supervisor
Once per quarter
Template H
Long Service Leave in excess of 16 weeks and not reduced as described in LSL Letter 1Relevant Member of the Executive with email cc to Nominated Supervisor
Once per quarter
Where a staff member has taken no action or not had a discussion to plan the taking of long service as described in Template G – LSL Letter 1, the University can direct the staff member to take a period of long service leave of a minimum of 6 weeks (for professional staff, to a maximum of 12 weeks with the required notice of the date of commencement of the leave.
Template I
Both Annual Leave balance in excess of 40 days and Long Service Leave balance in excess of 16 weeksRelevant Member of the Executive with email cc to Nominated Supervisor
Once per quarter
The Planning and Taking of Long Service Leave
Professional Staff
Academic Staff
Cashing out Long Service Leave
Payment of Untaken Long Service Leave on Termination
Part D - Full Template Letters
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Annual leave and Long Service Leave is planned for the year ahead and actively encouraged.
Under 4.8.3 (iii) of the Agreement the Performance and Review Process (Progress Plan) is an opportunity to discuss the staff member’s plans for taking annual, long service and other leave. However, if a Progress Plan discussion has not occurred, a conversation can occur at any time to plan the taking of leave and/or where a staff member is identified with excess leave the preparation of a relevant letter to commence the leave planning conversation.
[1] Noting that there is also an adjustment to rules for directing staff to take long service leave where they have significant accruals. This issue has been identified in enterprise bargaining and will apply in advance of a new agreement. In summary, professional staff with long service leave balances of more than 16 weeks can be directed to take leave with 2 years’ written notice, and academic staff with long service leave balances of more than 4.5 months can be directed to take leave with 12 months’ written notice. (See the Amended Enterprise Agreement Provision).
Email letter advises a staff member who has accrued annual leave of 30 days that they will have 40 days within 6 months. This is a letter to pro-actively inform the staff member before they reach the 40 day accrual, whereby the University can then formally direct a staff member to take leave, to meet with their nominated supervisor to discuss ways of reducing excess leave.
For Academic staff the letter needs to be considered in the context and impact on workload allocation in any given year.
The University can direct staff with an annual leave balance in excess of 40 days to take leave. In conjunction with the ACU Staff Enterprise Agreement 2017-2021, and the Recreation Leave (including Annual Leave) Policy the University can direct a staff member to take a period of ten days annual leave by a specified date. For the purposes of the specified date the University is using 2 months.
This letter notifies a staff member to reduce their annual leave balance by 10 days within 2 months of the date of the letter of notice, in discussion with their nominated supervisor.
The requirement to take 10 days annual leave within 2 months can be negated if in discussion with their nominated supervisor:
The letter specifically directs a staff member to take leave at a certain time and for a certain period. This letter is provided at minimum 2 months from the time of the original notice to take annual leave (Letter 1 above – Template C) where the staff member has no agreed plan, nor advised or discussed with their Nominated Supervisor to take sufficient annual leave to reduce their balance and applied for the leave on Staff Connect.
In the absence of any exceptional circumstances the University may direct the staff member to take sufficient annual leave to bring their entitlement below 30 days and may direct the dates on which such leave will be taken. In doing so the University must give at least two months’ notice.
The letter specifically advises a staff member that they have a long service leave balance in excess of 16 weeks (professional staff) or 4.5 months (academic staff) and to meet with their nominated supervisor to discuss a plan to reduce their balance by a minimum of 6 weeks (and up to 12 weeks for professional staff) with notice of 2 years for professional staff and 12 months for academic staff. Includes the option to cash out a portion of long service leave.
This is the first point where the University can commence the direction to take long service leave to the staff member. Therefore, the letter provides the advice that if long service leave is not sufficiently reduced, the University can direct the staff member to take long service leave at a time convenient to the University with the required notice.
The letter specifically recognises that with large balances of both annual and long service leave a comprehensive leave plan of up to two years needs to be discussed. In the first instance the leave plan should include the reduction of annual leave to below thirty days as a priority.
In addition, there are options of cashing out portions of both annual and long service leave.
In any case, the University can direct a staff member to take both annual leave and long service leave at certain dates and for a certain period as specified under the Agreement.
[2] Noting that there is also an adjustment to rules for directing staff to take long service leave where they have significant accruals. This issue has been identified in enterprise bargaining and will apply in advance of a new agreement. In summary, professional staff with long service leave balances of more than 16 weeks can be directed to take leave with 2 years’ written notice, and academic staff with long service leave balances of more than 4.5 months can be directed to take leave with 12 months’ written notice. (See the Amended Enterprise Agreement Provision).