Know Your Rights : Can Staff Specialists cash out extra annual leave?

01-Nov-2019

 

Can Staff Specialists cash out extra annual leave?

The Doctors’ Union has recently been contacted by several Staff Specialist members wanting to know whether they can cash out any of their accrued annual leave and if so, at what salary rate.

In this week’s Know Your Rights, we look at the relevant provisions of the Staff Specialist (State) Award relating to the cashing out of annual leave.

 

Clause 17(C)(g) of the Staff Specialist (State) Award (the Award) sets out the criteria for the pay out of additional accrued annual leave.

How many weeks per year of annual leave do Staff Specialist accrue?

Under clause 17(A) of the Award, Staff Specialists accrue 5 weeks annual leave each year. In addition, they receive 1 day on full pay in respect of each public holiday occurring within the period of such leave.

Does the Award allow for cashing out of any annual leave?

Yes. Staff Specialists accrue five weeks annual leave each year. Any annual leave accrued above four weeks per year (i.e the 5th week) can be paid out in lieu of taking the leave.

Can a Staff Specialist ever be forced by their manager to cash out leave?

No. It is solely at the employee’s election.

At what rate is the leave paid out for a Staff Specialists Level 1?

Cashing in is at the rate that would have been otherwise payable if the annual leave was actually taken.

This rate is the applicable salary, plus:

  • the Special Allowance;
  • the Level 1 Private Practice Allowance; and
  • it includes those additional components considered salary for all purposes e.g. Managerial Allowance; Emergency Physician Allowance where payable to the Staff Specialist.

At what rate is the leave paid out for a Staff Specialist Levels 2 and 3?

Cashing in is at the rate determined by the applicable salary, plus:

  • the Special Allowance;
  • the relevant Level 2 or Level 3 Private Practice Allowance specified in the Staff Specialists Determination; and
  • it includes those additional components considered salary for all purposes e.g. Managerial Allowance, where payable to the Staff Specialist.

* NB: it does not include any drawing rights payable pursuant to the rights of private practice provisions of the Staff Specialists Determination.

At what rate is the leave paid out for a Staff Specialist Levels 4 and 5?

Cashing in is at the rate determined by the applicable salary, plus:

  • the Special Allowance; and
  • it includes those additional components considered salary for all purposes e.g. Managerial Allowance, where payable to the Staff Specialist.

* NB: it does not include any drawing rights payable pursuant to the rights of private practice provisions of the Staff Specialists Determination.

ASMOF recommends that all Staff Specialists double check their pay slips if they have elected to cash out annual leave. It is important to ensure you have been paid your entitlements as per the above information. If you have any questions, contact the ASMOF office.

For members employed by AHOs, Lifehouse, St John of God or other entities, please contact us directly for specific information relating to the cashing out of annual leave in your industrial instruments.

 

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