Leave entitlements under the contract
An executive’s leave entitlements are detailed in Schedule D of the contract.
Leave entitlements under the contract will generally align with the Victorian Public Service Enterprise Agreement (VPS EA). This ensures consistency and promotes mobility between executive and non-executive staff.
Some entitlements may vary to reflect the nature of contract employment and executive duties.
Additionally, whilst entitlements are generally aligned in their provisions, they may be structured differently from the VPS EA.
Executives are not entitled to annual leave loading.
Other leave entitlements under policy
Under clause 10.2 of the contract, an executive may access forms of leave under the employer’s policies, at the employer’s discretion. If an executive accesses a more favourable leave entitlement under policy, they cannot separately access that entitlement under the contract (i.e. double-dipping).
Frequent queries
Long service leave
An executive is entitled to long service leave of three months with pay after each 10 years of continuous service (or 7 years pro rata), to be taken at a time or times agreed with the employer. Part time arrangements will accrue long service leave on a pro rata basis. Long service leave may be taken at half pay, at double the period subject to the employer’s agreement.
Long service leave accrues during a period of paid leave, or a period of authorised unpaid leave.
Executives are entitled to provisions set out in the Long Service Leave Act 2018 (Vic), which sets out the minimum long service leave entitlements. Under the contract and the Act, the executive is entitled to whichever provides a more favourable provision.
Executives may be entitled to pro-rated long service leave if they have between four and seven years’ service in the circumstances outlined in clause 1.20(f) of the contract.
Accident compensation leave
The employer will pay the difference between compensation benefits under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and the executive’s remuneration package, minus the superannuation component of that remuneration package. Superannuation is not payable whilst on accident compensation leave.
Calculating parental leave
The employer may calculate paid parental leave based on the executive’s average number of ordinary hours over the past three years from the proposed commencement date of parental leave. The employer should apply an approach consistent with the VPS EA.
Secondary parental leave
A secondary caregiver taking additional paid leave will receive an entitlement of 12 weeks’ pay for a full-time employee, pro rata for part time employees. Where this is taken flexibly, this entitlement may be expressed as hours of leave (456 hours for a full-time employee).
Transferability of leave
An executive’s previous and future employer may agree to transfer leave entitlements. Such agreement should be clearly documented.
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