25 Oct2023/2024 annual leave
During the Christmas and New Year holiday period, educators and teachers following the 10-week and 4-week leave models as outlined in the VECTEA 2020 are eligible for four weeks of end-of-year annual leave (pro-rata for part-time staff) with a 17.5% leave loading. The leave accrual is determined by the employee’s regular working hours.
Surplus Annual Leave Days
The four weeks of annual leave do not overlap with public holidays during the Christmas and New Year season, as detailed in clause 29.2 of the VECTEA.
Consequently, when calculating the span between the last day of Term 4, 2023 (20 December, 2023), and the first day of Term 1, 2023 (29 January, 2024), there will be approximately 23 days of leave.
Due to annual shifts in term dates regulated by the Department of Education (DE), an employee may receive additional leave days one year but not have the same advantage the next year.
While not explicitly mentioned in the VECTEA, employees should not be adversely impacted by these term date changes. Refer to the School term dates and holidays in Victoria for further information here: School term dates and holidays in Victoria | vic.gov.au (www.vic.gov.au).
Any extra leave days (beyond the four weeks for full-time employees) should be given to the employee with the appropriate payment and recorded as annual leave.
Payment for Public Holidays During this Period
As per Section 89 of the Fair Work Act 2009 (Cth), an employee cannot be on annual leave during a public holiday.
Under the VECTEA 2020 (clause 29.5), an employee is entitled to receive payment at their standard rate for their ordinary work hours on the public holiday, or part thereof. If the employee does not have regular work hours on the public holiday, they are not entitled to payment under this clause.
For instance, employees, such as casual workers not scheduled for the public holiday or part-time employees whose hours do not include the day of the week when the public holiday falls, are not eligible for payment.
