SPECIAL LEAVE
PSC DIRECTIVE 09/13
FREQUENTLY ASKED QUESTIONS
What types of leave are specified in this Directive?
1. Special Leave (both paid and unpaid) that may be granted (known as “Discretionary”).
2. Special Leave (both paid and unpaid) that must be granted (known as an “Entitlement”).
What types of workers are covered by this Directive?
Permanent and temporary officers and employees only, with the exception being that the Directive
also prescribes bereavement leave access provisions for casuals.
What are the six forms of special leave (paid & unpaid) that are prescribed as an “entitlement”?
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Election Leave
Local Government Leave
Australian Volunteers International
Employee directed to assist in Declared Emergency Situation or Disaster Situation
Defence Reserve Forces Leave
Bereavement Leave
What reasons may give rise to an application for “discretionary” special leave?
Reasons could include, but are not limited to:
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compassionate situations
representation of state or national sporting teams
blood or blood product donation
situations where an employee is precluded from attending or remaining at work due to natural
disasters
work-related study
following deployment for critical incidents
domestic or family violence.
Can the approval delegate consider applications for discretionary special leave for reasons
other than those listed above?
Yes. Decision-makers may apply principles of ethical decision-making and managerial prerogative to
each application received, on a case-by-case basis.
How much discretionary PAID special leave can be approved by delegates?
Prior to the release of this Directive, most approvers had delegation to approve up to three days of
paid emergent leave per year. Those same leave approvers now have delegation to approve up to
five (5) days per year per reason, subject to determination considerations as specified in the Directive.
Applications for greater than five (5) paid days per year per reason must be submitted to higher level
decision-makers in accordance with the DET HR delegations matrix.
What determination considerations should be applied by decision-makers in receipt of an
application for discretionary paid special leave?
The delegate must consider:
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the reason the leave is requested
the duration of the requested leave
whether alternative forms of leave are more appropriate
for temporary or casual staff, the duration of the person’s employment (including end date)
the impact of the absence on the performance of the employee’s role and the department’s
objectives / work outputs / service delivery
the impact on the individual employee in their circumstances if the requested leave is not
approved
the demands of the current situation versus the opportunity for the leave to be taken at
departmental convenience (i.e. if situation is beyond employee’s control)
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Aside from this Directive, what are general best practice decision-making considerations?
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Good decisions are fair and defensible
When making decisions, ask yourself questions to see if your decision is an ethical one
Do I have authority to make this decision?
Should I be the decision-maker?
What is the timeframe to make the decision?
Is there a procedure to assist me make this decision?
As a public official, would my actions withstand public scrutiny?
What will be the outcome for me, my work colleagues and the department as a result of this
decision?
What are some examples of appropriate “bona-fide” discretionary special leave applications /
approvals?
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Sports teacher absent for five days coaching a neighbouring developing country’s sporting
team at an international games event
Teacher chaperoning a group of swimmers at Downs Syndrome National Swimming Carnival
Half or full day absence for urgent changes arising in living arrangements
Half or full day absence to meet storm damage assessor at home
Extra compassionate leave (in addition to bereavement leave) where staff member is
responsible for funeral arrangements for close family member and / or significant travel is
involved and / or where there are extraordinarily tragic circumstances necessitating
Staff member selected to play in state indoor cricket team at national titles
A cyclone in January
A cyclone in November
Half or full day absence to take family pet to vet if critically injured or birthing
Worker whose home is cut off from their travel route to the workplace, following heavy rain
Short-term leave to attend to injured son in hospital, or retrieve from overseas (where no
personal sick leave balance for sick - special responsibility leave access remains)
Half day absence where hot water system has burst or failed suddenly (or other similar urgent
domestic matter has arisen)
As a result of domestic violence or to attend to legal proceedings (e.g. application for
restraining order)
SES volunteer having worked without rest during a weekend who is fatigued and unavailable
for their usual public service role on Monday
Staff member donating platelets or plasma
Worker often assigned task of training or supervising others who wishes to attend RTO for a
half-day for RPL assessment of their competence to “make a presentation” or “develop teams
and individuals”
What types of scenarios would usually represent inappropriate paid special leave approvals?
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Hair appointment for a special occasion
Wedding dress shopping
Where may differences and anomalies arise in the case of decision-making associated with
discretionary paid special leave?
DET has a diverse range of workers subject to several industrial instruments and different conditions
of employment. For example, some workers have wide-ranging access to accrued ADO time, TOIL,
ability to go into debit time, and the option to take annual / recreation leave and LSL at various times
throughout the calendar year. Other worker groups are limited in their access to flexible working
arrangements and are thus more likely to apply for special leave when a pressing circumstance arises
and no other form of leave is available. It is expected that delegated decision-makers may apply the
determination considerations as set out above to reasonably and fairly arrive at the correct / optimal
outcome on a case-by-case basis.
Who can decision-makers contact if further advice is required?
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School BSM
Regional HR team or your usual HR lead
Central Office – Departmental Workforce Relations Unit – via phone 3513 6512 or email
[email protected]
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