temporary (including locum/relief) employees with less than 12 months continuous service;
those engaged for a specific period or employed as or on a casual basis;
apprentices or trainees;
those employed under the provisions of the Salaried Senior Medical Practitioners (State) Award.
The circular does not apply to public servants employed in the NSW Health Department.
All enquiries in relation to the contents of this Circular should be directed to the Human Resources Manager in the health service. Only Human Resources should contact the Department directly.
| SECTION ONE - POLICY |
1.1 OBJECTIVES
Study leave should be equally available to all eligible employees within the NSW Health Service to promote the development of a highly trained, skilled and versatile workforce which is responsive to the requirements of government and health service delivery. Health Services should determine when considering the granting of study leave, whether the employee's absence will interfere with health service operations or require the recruitment of additional staff.
The objectives of study leave are:
to assist employees to undertake relevant study which is both advantageous to the eployee and to the public health system in the delivery of health care;
to promote the development of skills, versatility and adaptability of people working in the public health system;
to provide an opportunity that is equally accessible to all eligible employees to improve upon educational qualifications;
to encourage employees to pursue excellence in performance by attaining the highest standards in their chosen profession;
to provide a tangible expression of the commitment to employee development in an efficient and cost effective way.
The ongoing development and implementation of HRIS will enable health services to closely monitor the effect of study leave on the delivery of health care. Health Services are required to ensure that eligible employees have equal access to and information about study leave provisions which would best suit their further education needs.
1.2 DEFINITIONS
Accredited Educational Institutions are those which provide undergraduate and/or post graduate tertiary studies at either Institutes of Technical And Further Education (TAFE), Colleges of Advanced Education (CAE), Universities and other accredited institutions.
Conferences refers to conferences, seminars, symposia or similar activities such as those conducted by professional, learned or other recognised organisations including Public Sector agencies on a recurrent basis, for example, annual, biennial.
Portability of Service means the recognition of service in public sector organisations for the purposes of determining eligibility of an employee's service as continuous.
Short courses refers to short educational and training courses such as workshops conducted by generally recognised external public and/or private educational organisations including staff development courses conducted by health services on a commercial basis.
Study leave is leave granted for approved course subject(s) taken during course semesters only and is not available for failed subjects that are being repeated.
Study leave for Internal courses refers to leave granted for attendance at accredited educational institutions which requires compulsory face to face lectures within a semester period.
Study leave for External courses refers to leave granted for undertaking courses by correspondence or through other means, at accredited educational institutions and which may also require the employee to attend residential schools.
Study leave for Examinations refers to leave granted (up to a maximum of 5 days per year) for the purposes of attending examinations associated with approved studies.
Study leave for higher degrees by course work and/or by research/thesis refers to study at post graduate level.
| SECTION TWO - PROVISIONS |
2.1 ELIGIBILITY
All employees of public health organisations listed in Schedules 1, 2 & 3 of the Health ServicesAct 1997, which constitutes the NSW Health Service, and employees of the NSW Ambulance Service with the exception of:
temporary (including relief) employees with less than 12 months continuous service;
those engaged for a specific period or on a casual basis;
apprentices or trainees;
those employed under the provisions of the Salaried Senior Medical Practitioners (State) Award.
These study leave provisions do not apply to public servants employed by the NSW Health Department.
Employees must be accepted and/or enrolled at an accredited educational institution to participate in a relevant professional course and/or further education.
2.2 ENTITLEMENTS
2.2.1 Internal and External Courses
Employees may be granted study leave to be taken within a defined semester period in respect of:
attendance at scheduled compulsory face to face lectures, which may be held either inside or outside of normal work hours; on the basis of one hour for every hour of compulsory face to face lectures attended during work hours, and half an hour for every hour of compulsory face to face lectures attended outside of working hours up to a maximum of four (4) hours per week.
study by correspondence; on the basis of one quarter hour for each hour of lecture/tutorial attendance required in an equivalent course requiring face to face attendance, up to a maximum of 4 hours per week.
attendance at residential schools and/or field days; study leave must be accrued by the employee sufficient to cover activities such as attendance at residential schools and/or field days up to a maximum of 38 hours per semester.
accrual of study leave grant travel time necessary to attend lectures may also be granted and included within the maximum entitlements.
Employees who work less than full time hours shall be granted a pro-rata entitlement.
Any other forms of leave taken for study purposes in addition to the above entitlements must be negotiated and agreed with the health service.
2.2.2 Examination Leave
Pre-examination leave:
One half day of pre-examination leave may be granted, in addition to the half day of examination leave, prior to final assessment examinations when an employee is rostered to work:
the evening before a morning examination;
in the morning when the examination is scheduled for that afternoon;
in the afternoon when the examination is scheduled for that evening outside of working hours.
No pre-examination or examination leave may be granted where the exam is conducted during a period where the employee is already on allocated study leave.
Examination Leave:
Examination leave is not applicable where examinations are held outside the employee's normal working hours.
One half day is available for final assessment examinations of approved studies (a final assessment exam is one which occurs at the end of a subject and must be passed for the subject to be completed, or one which forms an integral part of the final assessment of the subject).
An employee's request not to be rostered to work night shift on the day prior to a scheduled morning examination should, wherever practicable, be agreed by the health service.
2.2.3 Higher Degree Studies
Course work associated with the completion of higher degrees or postgraduate studies attracts normal study leave provisions as detailed above.
Additional block periods of study leave may be granted on the following basis:
In respect of a course of study being undertaken entirely by thesis; a period of ten daysstudy leave for the period of the thesis;
In respect of course of study being undertaken entirely by research and thesis; 20 days study leave for the period of research and thesis and, an additional 10 days if the employer is satisfied that the research warrants further allocation.
2.3 APPROVALS
Study leave may be granted at the discretion of the health service having regard to whether:
the course is appropriate in supporting the employee's ongoing professional and career development and the delivery of patient care and health services management.
the release of the employee for study leave will interfere with or jeopardise health service operations or require additional staffing to cover an employee's release.
the approval of study leave entitlements is able to be met within the health service's current resources/funding.
Employees seeking approval for study leave will be required to:
provide proof of enrolment or placement, curriculum and subject outline of the number of hours of study required per unit (or face to face equivalent);
obtain approval for each semester and/or year of enrolment prior to the commencement of study;
negotiate their release for study purposes with their department and/or health service manager;
comply with the educational institution's student enrolment and attendance requirements;
provide previous semester results to justify the claim for further study leave.
Note: Study Leave is not to be approved for failed/repeated subjects.
2.4 ACCUMULATION OF STUDY LEAVE
All or part of the study leave entitlement can be accrued, up to a maximum of 38 hours per semester, ie 5 days per semester.
Accrued leave may be taken in any pattern at any time during the course of study, subject to agreement between the employee and employer.
Employees must accrue their grant of study leave sufficient to cover any study periods which could be reasonably anticipated, such as the attendance at residential schools and/or field days.
It should be noted that the above entitlement is the maximum leave regardless of the number of courses undertaken at the same time.
2.5 METHOD OF PAYMENT
In terms of leave time, study leave is to be paid on the basis of the employee's ordinary rate of pay, ie in accordance with the relevant award, agreement and/or determination in relation to the payment of ordinary hours.
Approved leave should be paid within the pay period in which the approved leave is taken.
| SECTION THREE - GENERAL CONDITIONS |
3.1 FINANCIAL ASSISTANCE
Employees are responsible for meeting all fees/costs associated with self development and further tertiary education including:
enrolment fees including lecture and tutorial fees
Higher Education Contribution Scheme (HECS) and post graduate tutorial/lecturing fees
travel to and from place of work and educational facility
accommodation for attendance at residential schools
text books and other materials associated with course of study, eg stationery items.
However, fees associated with training required by the health service or conditional to employment are not to be incurred by the employee. It should be noted also that no industrial instrument provides for financial assistance (and/or reimbursement) to health service employees for the purposes of study.
Only employees undertaking job-training (apprenticeships) which is conditional to their employment may have their TAFE fees reimbursed. Employees generally pay the upfront enrolment fee and claim reimbursement from the health service. Travelling time and costs are the responsibility of the employee.
3.2 ADDITIONAL LEAVE
Employees must accrue their grant of study leave sufficient to cover study periods which could be reasonably anticipated such as the attendance at residential schools and/or field days. Where such accrued study leave proves insufficient to cover such study periods the employee must seek approval from the health service to use other forms of leave or negotiate flexible working arrangements consistent with the Flexible Working Arrangements. Health Services may refer to either Circular 96/4 and/or the Flexible Work Practices Policy for the NSW Health System (Draft-August 1997).
3.3 CONVERSION OF STUDY LEAVE
Study leave not used in one semester cannot be transferred to the following semester. Study leave is not accrued during periods of leave. Conditions attached to other absences include:
Sick Leave - employees not attending lectures or residential school and/or field days held during working hours due to illness should be considered to be on sick leave (with or without pay).
Allocated Days Off (ADOs) - employees allocated an ADO to fall on a day previously arranged for study leave or attendance at residential school may seek to reschedule the ADO or seek approval to accrue the study leave hours.
3.4 NON APPROVAL OF STUDY LEAVE APPLICATION
Where study leave is NOT approved, health services should ensure that:
the reason for non-approval of study leave is clear and stated promptly in writing to the employee;
employees are advised that they may seek approval to take alternative types of leave;
the employee is advised of the availability of grievance procedures;
study leave is not available to be granted on a retrospective basis, however in the event that study leave is denied, the health service may review it's decision subject to receipt of a stated case.
3.5 WORKERS COMPENSATION
Generally, employees on approved study leave during normal working hours or in travelling between their place of work and education are covered for the purposes of Worker's Compensation. Given the variety of situations in which employees undertake study, specific information regarding coverage will be provided through each Area Health Service Human Resources and/or Risk Management Units.
Further information may be obtained by contacting local Area Health Service. Only Area Health Service Human Resources Officers should contact the Department direct.
| SECTION FOUR - CAREER DEVELOPMENT ACTIVITIES |
4.1 INTRODUCTION
The following guidelines are provided to assist health services in determining the conditions to apply when an employee undertakes training or an activity as part of career development.
A consistent and equitable approach should be adopted by health services when considering which conditions will be applied to a particular activity which assists in the ongoing development of a highly trained, skilled and versatile workforce which is responsive to the requirements of government and health service delivery.
4.2 OBJECTIVES
to provide an opportunity that is equally accessible to all eligible employees, to undertake relevant career related activities which are both advantageous to the employee and to the public health system in the delivery of health care;
to promote the development of skills, versatility and adaptability of people to improve upon educational qualifications whilst working in the public health system;
to encourage employees to pursue excellence in performance by attaining the highest standards in their chosen profession.
to provide a tangible expression of the commitment to employee development in an efficient and cost effective way.
4.3 ELIGIBILITY
All employees of public health organisations listed in Schedules 1, 2 & 3 of the Health Services Act 1997, which constitutes the NSW Health Service, and employees of the NSW Ambulance Service with the exception of those employed under the provisions of the Salaried Senior Medical Practitioners (State) Award. Specific provisions apply for this award.
4.4 ENTITLEMENTS
Conferences, Seminars: Employees may be granted up to a maximum of 5 days per year.
External Short Courses: Employees may be granted up to a maximum of ten (10) days per year.
Release for further leave in excess of these entitlements may be approved on the basis of leave without pay or debit against annual leave entitlements approved by the health service.
4.5 APPROVALS
Leave to attend a particular staff development activity may be granted at the discretion of the health service having regard to whether:
an assessment of an employee's attendance is of relative priority and appropriate in supporting the employee's ongoing professional and career development and the delivery of patient care and health services management;
the employee's absence will not interfere with or jeopardise health service operations or require additional staffing to cover an employee's release;
leave will be subject to the provisions for Official Travel - Circular 98/64.
Payment and/or reimbursement of expenses in respect of registration fees, travel, accommodation and living costs are to be met by the health service and subject to the availability of resources.
Employees will be considered to be on duty whilst attending an approved career development activities during normal working hours and/or where the employee attends an activity considered to be beneficial to both the employee and the health service.
Leave provisions for employees to attend overseas courses and to participate in either civil defence courses; defence forces training courses; and courses, seminars and conferences conducted by the Trade Union Training Authority and trade unions to remain in force.
4.6 EXCLUSIONS
The following is excluded for the purposes of career development where:
the approval of study leave would be more appropriate;
other separate and specific policies have been issued, such as attendance at Trade Union meetings/conferences;
the activity bears no relevance to career development opportunities for health service employees.
4.7 EXCEPTIONS AND SPECIAL CASES
In cases where the proposed terms of approval of attendance at a conference or course do not fall within the guidelines, the matter should be referred to the Chief Executive Officer or delegate for consideration.
The practice of asking professional associations to nominate a "representative group" to attend a conference on a subsidised basis has been discontinued. Associations to which this concession previously applied have been advised of the criteria for approval of additional concessions.
DISCLAIMER:
this site is intended for use by medical professionals only
it is offered in good faith to improve access to relevant information.
HOWEVER, all information is a guide only and not to be relied upon by any party
The Career Medical Officers Association strongly recommends that users exercise their own skill and care
with respect to its contents and contact their industrial representatives for clarification.
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