37. Long Service Leave

  1. Professional staff collective agreement
    1. Eligibility

    2. An employee who has completed ten years' service at the University (whether continuous or broken periods) will be entitled to long service leave. Part time employees will receive entitlements on a pro rata basis.
    3. Service as a full time continuing or fixed-term employee accrues an entitlement to sixty five (65) paid working days long service leave after 10 years. Service up to fifteen years will accrue long service leave at the rate of 6.5 paid working days per annum. After fifteen years of service, long service leave will accrue at the rate of 10.8705 paid working days for each additional year of service.
    4. Service as a casual employee after 9 May 1985 accrues an entitlement to forty three (43) paid working days long service leave after 10 years. Casual service in excess of 10 years will accrue long service leave at the rate of 4.3 working days per annum. Casual employees, whose service is less than full time, will receive entitlements on a pro rata basis.
    5. Public holidays occurring during a long service leave period will be regarded as part of the long service leave.
    6. Where an employee (other than a casual employee) with not less than five (5) completed years of service dies, resigns as a result of pressing domestic or personal necessity, or whose employment is terminated by the employer for reasons other than unsatisfactory performance or serious misconduct, the University will pay to the employee or the employee’s personal representative a proportionate amount on the basis of sixty five (65) days for 10 years’ service.
    7. Where an employee with ten (10) completed years of service resigns or whose employment is terminated, the employee will be entitled to be paid the monetary value of the leave.
    8. Time of taking long service leave

    9. Subject to clause 37.9, an employee who has qualified for long service leave may be entitled to take long service leave at a time of his or her choosing, provided that the employee requests such leave in writing at least six (6) months in advance, or in the absence of such notice, the Head of Cost Centre consents.
    10. The University and an employee may agree that the employee may take long service leave at half pay and the period of long service leave is therefore doubled.
    11. Where an employee has accumulated a long service leave entitlement in excess of 4.5 months, the Head of Cost Centre may give the employee written notice to take up to 3 months of such leave, at a time convenient to the needs of the University, provided that:
      1. the employee is given written notice of at least twelve (12) months of the date on which leave must commence;
      2. the employee is not required to take long service leave within twenty four (24) months of written notice of their retirement;
      3. the minimum period of leave the University can require an employee to take will be six (6) weeks;
      4. in any case where an employee has taken leave pursuant to this sub clause the Head of Cost Centre will not require the employee to take a further period of long service leave for a period of two (2) years after the end of that period of leave.

      Recognition of Prior University Service

    12. Prior continuous service with other Australian universities or a partially or wholly UNE-owned company or controlled entity will be counted as service for the purposes of calculating long service leave entitlements provided that:
      1. only service from 1 January 1969 will be taken into account for eligibility purposes;
      2. the employee, within six months following their commencement at UNE, provides appropriate evidence to UNE’s Human Resource Services Directorate of prior service. This requirement will be specified in their letter of offer;
      3. except as provided in clause 37.13 such prior service will not accrue a long service leave entitlement but will be included as qualifying service for determining when the employee is eligible to take long service leave and at what rate the long service leave will accrue;
      4. there is not more than two months between the cessation of employment with a releasing university and the commencement of employment with UNE. In this case service will be deemed to have been continuous but any break in employment will not count as service for accrual or service purposes;
      5. unless agreed otherwise with the relevant Senior Executive officer, the employee will be required to serve at least five years with UNE before being permitted to take accrued long service leave or be paid in lieu, if applicable, on termination of employment; and
      6. the only prior continuous service in other Australian universities recognised by UNE will be that which has been recognised by the releasing institution. Prior service with organisations other than Australian universities will not be recognised even if it has been recognised by the releasing institution.
    13. Subject to the above clauses, prior service in the former Armidale College of Advanced Education will be taken into account when calculating an employee’s service eligibility for long service leave provided that there has not been a break in continuous employment of more than two (2) months;
    14. Upon termination of employment of an employee, UNE will either pay out any long service leave entitlements owing at termination or if the employee so wishes, pay the equivalent of any accrued long service leave directly to the receiving university, provided that the receiving university agrees and will recognise the accrued long service leave.
    15. Where a person is employed, whose previous Australian university employer will transfer to UNE the monetary equivalent of their accrued long service leave, UNE will recognise the previous service and the accrued long service leave with that employer for future long service leave entitlements with UNE. In such cases, clause 37.10.5 above will not apply.

      Where such recognition is given, UNE may require a commitment, at the time of employment, about when the accrued leave will be taken.

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