Personal Leave (includes sick leave and carers leave)
Public Service
Sick Leave
On commencement of employment, a VPS staff member (other than a casual employee) is allocated 114 hours (fifteen days) sick leave. On the completion of one year's service and after each year of service thereafter a further 114 hours (fifteen days) are allocated. A part-time staff member receives sick leave credits on a pro rata basis according to the time fraction he/she is working at the time the credits are allocated.
Sick leave credits are normally credited on the anniversary of the staff member's commencement of employment, however the sick leave accrual date will be adjusted in the following circumstances:
- a staff member has taken a period of continuous leave without pay (including sick leave without pay) of greater than six months;
- a staff member has taken a period of maternity leave greater than fifty-two weeks;
- a staff member has taken a period of leave, either continuous or in aggregate, of greater than 261 working days, where he/she is in receipt of compensation payments under the Accident Compensation Act 1985.
The date on which sick leave is credited will be deferred by any such period(s) of leave during the year of service that is in excess of the periods of leave outlined above. Unused sick leave credits accumulate. On cessation of employment, staff members cannot be paid out for any unused sick leave credits.
A staff member may have prior service recognised for the purposes of sick leave. Prior casual service is not included for the purposes of calculating a staff member's sick leave entitlement, but is recognised for the purpose of maintaining continuity of service.
A staff member may take up to 38 hours (five days) sick/carer's leave in any year of service without having to provide a medical certificate from a registered practitioner* or a statutory declaration.
Sick leave without pay, continuous or otherwise which, when aggregated, is greater than three months within a 12 month period commencing from the start of a period of sick leave without pay, will not be included as service for the purposes of annual leave.
Where a public holiday falls within a period of paid sick leave, that day does not form part of the sick leave.
There is no minimum absence period for sick leave.
Supporting documentation for sick leave
Applications for sick leave must be supported by a medical certificate from a registered practitioner* or a statutory declaration when:
- an aggregate of 38 hours (five days) sick leave without a certificate or a statutory declaration have been taken in any year of service, regardless of whether the leave is with or without pay,
- a staff member is absent immediately before or after long service leave or annual leave,
- the absence occurs when stopwork action is being taken.
Where a period of sick leave is for a continuous period exceeding 22.8 hours (three days), the staff member must provide a medical certificate from a registered practitioner* or a statutory declaration. If a period of sick leave is 22.8 hours (three days) or less, the staff member may be required by his/her manager to provide a medical certificate from a registered practitioner* or a statutory declaration.
The acceptance of a statutory declaration to support the taking of sick leave is restricted to a maximum of 38 hours in any year of employment.
While a staff member shall provide a medical certificate from a registered practitioner* or a statutory declaration for sick leave absences in excess of 38 hours in each year of employment, a staff member can still take up to 38 hours sick/carer's leave in each year of employment without the need to provide a medical certificate or a statutory declaration.
Continuous sick leave with pay may not be granted to a staff member for any period exceeding six weeks, unless a registered practitioner* of mutual choice certifies that the leave is necessary. Where a staff member is continuously absent from duty on account of illness beyond six weeks, the staff member cannot return to duty until a registered practitioner* of mutual choice certifies that he/she is fit to resume work.
Where the manager has occasion to doubt the cause of an illness or the reason for absence, he or she may arrange for an independent medical assessment of the staff member.
Failure by a staff member to provide a medical certificate as required under this section within a reasonable period of time may render the staff member liable to be taken off sick leave with pay.
Where a staff member has exhausted his or her entitlement to sick leave without a certificate, or his or her total sick leave credits, any further absences will be granted as sick leave without pay unless the staff member elects to take some form of paid leave (eg. annual leave).
Where a staff member (other than a casual employee) seeks leave to address the misuse of alcohol, drugs and/or problem gambling, special leave provisions can apply consistent with clause 47 of the Victorian Public Service Agreement 2006. Staff covered by the Nurses (Department of Education and Early Childhood Development) Agreement 2008 may seek leave to address the misuse of alcohol and drugs only under clause 43 of the agreement.
Carers Leave
A VPS staff member who is required to provide care and support for a member(s) of his/her immediate family or household shall be granted carer's leave. The definition of immediate family or household is the same as for compassionate leave.
Carers leave will also be granted to a staff member who provides ongoing support and attention to another person outside their immediate family who is wholly or substantially dependent on him or her, provided that the care and attention is not wholly or substantially on a commercial basis.
Carer's leave with pay is deducted from the staff member's accrued sick leave credits. Carer’s leave taken without a medical certificate or statutory declaration will be deducted from a staff member’s entitlement to take up to 38 hours of sick/carer's leave in each year of employment without having to provide a medical certificate from a registered practitioner* or a statutory declaration.
In any year where a VPS staff member has exhausted his/her sick leave credits, he/she shall be granted further carer's leave with pay for up to 22.8 hours (three days) from his/her annual compassionate leave entitlement.
A VPS staff member is entitled to take up to 15.2 hours (two days) unpaid carer’s leave on each occasion when a member of the staff member's immediate family or household requires care and support because of personal illness or unexpected emergency. A staff member may also elect to work make-up time under which he/she takes time off during his/her ordinary hours of work, and works those hours at a later agreed time.
A manager may require a staff member to provide a medical certificate or a statutory declaration with an application for carer's leave stating the condition of the person concerned and that this condition requires the staff member's care and support.
Where a public holiday falls within a period of paid carer's leave, that day does not form part of the carer's leave.
There is no minimum period for carer's leave.
Definition of registered practitioner
For the purposes of Personal Leave, "registered practitioner" means one of the following: Doctor of Medicine, Dentist, Physiotherapist, Chiropractor, Osteopath, Psychologist, Podiatrist, Optometrist, or practitioner registered by the Chinese Medicine Registration Board of Victoria.
Teaching Service | Public Service
Other Resources
Procedures & Forms
The following applies in relation to applying for leave:
- Applications for leave should be submitted through Employee Self Service (ESS). Select the following link for more information ESS eduPay
- An application will need to be made in writing where an employee is unable to access or use ESS or wishes to amend/delete leave submitted through ESS and approved on eduPay.
- VPS Leave Application (Word - 278Kb) (EduLibrary - EduMail Username and password is required)
Legislation
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