Attendance and Working Hours - Teaching Service

Overview

Ordinary hours of work for full-time employees are seventy six per fortnight.  A part time employee is employed to work an agreed number of regular hours less than seventy-six hours a fortnight.  Subject to the time in lieu provision below, an employee cannot be required to undertake duties in excess of 38 hours in a week.

Teacher Class

A teacher will be in attendance for a minimum of seven hours daily commencing no less than ten minutes before the morning pupil instructional session, unless otherwise agreed between the principal and a teacher.

In addition to the attendance requirements above teachers may be required to undertake other duties for up to three hours, including attendance at meetings provided that not more than two hours of the three hours can be used for meetings.  Any meetings held beyond the seven hours of daily attendance will be adjacent to the seven hours of daily attendance and not exceed one hour unless otherwise agreed using the consultative arrangements.

When scheduling meetings and other duties, the principal should be cognisant of the workload implications.  Parent-teacher meetings should be scheduled in a manner that not only provides the maximum opportunity for all parents to attend but also takes into account the needs of the teachers concerned, especially those teachers employed on a part-time basis.

A teacher is entitled to a paid lunch break of not less than thirty minutes free from assigned duties between the hours 11:30am to 2:30pm.

Parent Teacher Meetings

The principal may require a teacher to attend a parent-teacher report meeting.  A teacher may request not to attend a parent teacher report meeting where this will unreasonably affect the teacher's personal or family commitments.  The principal may only refuse the request on reasonable grounds.

Where attendance at a parent-teacher report meeting results in a teacher’s attendance in that week exceeding 38 hours for a full time teacher or a part time teacher's normal hours of duty, that teacher will be granted time-in-lieu for the hours in excess of 38 hours for a full time teacher or the normal hours of duty of a part time teacher.  Time-in-lieu may be granted in that week or any other week of the school year and is to be granted at a time that causes least disruption to the educational program of that school.

Where a teacher has not been granted time-in-lieu that has accrued by 1 December in a year, that teacher may vary their attendance time on any school day prior to the end of that school year equivalent to the time owed subject to the following:

  • the teacher providing the principal with not less than three working days' notice; and
  • where the number of teachers seeking to vary their attendance time on the same day would otherwise result in the dismissal of students on that day the principal is responsible for determining the timing of the absences to avoid the dismissal of students

Education Support Class

The ordinary hours of attendance for an education support class employee will be for a minimum of 7.6 hours daily between 8.00 am and 6.00 pm from Monday to Friday unless otherwise agreed.

The principal and the employee may agree on an arrangement of ordinary hours of attendance, including but not limited to:

  • daily starting and finishing times
  • the time and duration of the lunch break
  • attendance at school meetings and meetings with parents
  • in the case of part time employment, the number of hours worked per fortnight
  • flexible work arrangements.

The principal and employee may agree to vary these arrangements at any time.

An education support class employee cannot be required to work more than five hours without a lunch break of a minimum duration of 30 minutes.  The lunch break is unpaid and free from assigned duties between the hours 11:30am to 2:30pm unless otherwise agreed between the principal and employee as set out above.

Attendance during additional paid leave period

An education support class employee can be required to attend for duty and/or professional development during their period of additional paid leave, up to a maximum of six days per year subject to the following:

  • attendance can only be required at the commencement or conclusion of a school vacation period
  • attendance can only be required during one or two school vacation periods
  • reasonable notice is provided, being not later than four weeks into the preceding term
  • an employee at education support class level 1, salary ranges 1 and 2, cannot be required to work in isolated circumstances or to attend unless a responsible manager is present
  • an employee can only be required to perform duties consistent with their role(s).

In addition to the six days, an education support class employee and their principal may agree on attendance for duty and/or professional development for any or all of the remaining additional paid leave. 

Where an employee has accepted employment that requires attendance during a school vacation period(s), that attendance requirement forms part of the employee’s terms of employment.

The maximum period of attendance in any year under the above provisions is 30 days.  Where an employee attends for duty and/or professional development, they will be paid the leave purchase allowance and the additional paid leave entitlement will be reduced accordingly. 

An education support class employee who was employed at 52/52, 51/52, 50/52 or 49/52 immediately prior to translation to the new education support class structure on the date the Victorian Government Schools Agreement 2013 commenced to operate (10 July 2013) will maintain the attendance requirements that applied to them immediately prior to that date.  The employee will be paid the leave purchase allowance to reflect their attendance requirements which can only be changed by agreement between the principal and the employee.

Where an education support class employee has an attendance requirement of more than 6 days:

  • the limitations set out in subclause 24(5)(a)(ii) of the Agreement do not apply; and
  • the requirement under subclause 24(5)(a)(v) of the Agreement to reach agreement on attendance during any of the additional leave period does not apply.

Information about additional paid leave is available on the Annual Leave page on HRWeb and information about the leave purchase allowance is available on the Allowances-Teaching Service page on HRWeb (see Related Topics below).

Time in lieu

An education support class employee is entitled to time off in lieu where they are required to work in excess of their normal hours of duty.  Time off in lieu is equivalent to the additional time worked.

The requirement to work hours in excess of normal hours should only be where such work is unavoidable and reasonable notice is provided.  All work required in excess of an education support class employee's normal hours of work must be documented by the principal.  An education support class employee who is directed to work in excess of their normal hours of duty may request not to do so where this would unreasonably affect personal or family commitments and the principal will not unreasonably refuse such a request.

The time at which time off in lieu is granted is at the discretion of the principal having regard to the operational needs of the school and the wishes of the employee. Time off in lieu may be granted on any day other than a day of approved leave.

As an alternative to time off in lieu, the principal and the employee may agree to payment for time in lieu owed at the employee's normal rate of pay.

Unless otherwise agreed between the principal and the employee, where time in lieu remains outstanding from the previous school year, at 30 June of the following school year the employee may elect to:

(a) take time off equivalent to the time owed, commencing immediately; or
(b) request payment at their normal rate of pay plus 50% for the additional time worked.

 

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