Cultural and Ceremonial Leave - Teaching Service

Overview

Refer to the Policy and Guidelines tab

Related policies

• Annual Leave — Teaching Service
• Bereavement Leave
• Compassionate leave — refer to Bereavement Leave
• Leave Without Pay — Teaching Service

Relevant legislation

• Delegations
• Industrial Agreements
• Industrial Awards
• Legislation — Employment Topics
• Ministerial Orders — Employment

Contact information

• Contact HR

Policy and Guidelines

Definitions

“Extended family” has a meaning that recognises that extended families exist within Aboriginal and/or Torres Strait Islander society and obligations of Aboriginal and/or Torres Strait Islander employees may exist regardless of the existence of a bloodline relationship or not. Family also extends to cover relationships where there is a close association, which need not be a blood relationship.

Leave to attend Aboriginal community meetings

An Aboriginal and/or Torres Strait Islander employee may be released from duty during working hours to attend any Aboriginal community meetings, except the Annual General Meetings of Aboriginal community organisations at which the election of office bearers will occur.

Leave to attend Annual General Meetings of Aboriginal Community organisations

An Aboriginal and/or Torres Strait Islander employee may be granted access to accrued long service leave or other leave approved by the Employer to attend Annual General Meetings of Aboriginal community organisations at which the election of office bearers will occur.

Ceremonial leave

Leave will be granted to an Aboriginal and/or Torres Strait Islander employee for ceremonial purposes:

• connected with the death of a member of the immediate family or extended family (provided that no employee will have an existing entitlement reduced as a result of this provision), or
• for other ceremonial obligations.

Ceremonial obligations generally involve connections to family, culture and country, and may include obligations such as, funerals, reburials, memorials and other ceremonies.

Employees should inform their principal as soon as possible if they become aware of a need for ceremonial leave to be taken and should make their application as soon as practicable, which may be prior to the absence or may be on their return to duty.

Where an Aboriginal and/or Torres Strait Islander employee takes ceremonial leave for the purposes outlined above, up to three days in each year of employment will be with pay. Such leave will not accrue from year to year and will not be paid out on termination of employment.

Ceremonial leave is in addition to leave granted under bereavement leave provisions.

Where paid leave for ceremonial purposes is not sufficient the employee may access any accrued long service leave, outstanding time-in lieu, or unpaid leave in accordance with the requirements of those entitlements.

Where an Employee is on a period of Annual leave or Long Service Leave and an entitlement to Cultural and Ceremonial Leave arises, the Employee may request that they be granted Cultural and Ceremonial Leave and if approved, the Employee’ will be re-credited their annual or long service leave and placed on cultural and ceremonial leave for the identified period.

Principals may contact Workplace relations at workplace.relations@education.vic.gov.au where they need further information on the granting of this leave.

NAIDOC Week

Aboriginal and/or Torres Strait Islander employees are also entitled to one day of paid leave per calendar year to participate in National Aboriginal and Islander Day Observance Committee (NAIDOC) week activities and events. NAIDOC week leave will not accrue from year to year and is not paid out on termination of employment.

Leave to participate in the First Peoples’ Assembly of Victoria

An employee who is a member of the First Peoples’ Assembly of Victoria is entitled to up to ten days’ paid leave per calendar year to fulfil their official functions during their term of office. Leave will be available:

• for an employee to attend sessions of the First Peoples’ Assembly of Victoria;
• for an employee to participate in constituent consultation relevant to their role; or
• for any other ancillary purpose as agreed with the Employer.

Where in any calendar year an employee exhausts their entitlement, an employer may grant further paid or unpaid leave to support the employee’s representative functions.

The employee may also utilise flexible working arrangements, in addition to these leave provisions, to help support their representative functions, with the agreement of the Employer.

Leave to participate in the First Peoples’ Assembly of Victoria will not accrue from year to year and is not paid out on termination of employment.

Grievances

If an employee is dissatisfied with any action taken that they consider:

• to be in breach of the Education and Training Reform Act 2006 or Ministerial Order 1038; or
• infringes the principles of merit and equity, or
• infringes any personnel policy or guidelines issued by the Secretary; or
• is otherwise unreasonable

the employee may be eligible to lodge a personal grievance with the Merit Protection Boards.

Further information can be obtained from the Merit Protection Boards at www.mpb.vic.gov.au

Resources

Procedures and 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 on 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 or delete leave submitted through ESS and approved on eduPay

Further information

There is no further guidance for this topic.