Absent Without Leave (Unauthorised Absences)

Where an employee is absent from duty except on approved leave, the employee is not entitled to salary for that period as
the absence from duty was not authorised. Provided that an employee prevented by sudden illness, injury or other
emergency from attending his or her place of employment is not regarded as absent without authorization if he or she
reports the absence as soon as practicable and provides satisfactory evidence that the absence was unavoidable.
Continued absence from duty without approved leave may lead to cessation of employment.
Reasonable efforts must be made to contact the person, prior to ceasing the employment of an employee who is absent
without authority. This should include written notification to the employee at their last known address advising that their
absence is unauthorised and that failure to report for duty or otherwise explain the absence by a specified date will result
in the cessation of employment. The proposed date of effect for the cessation must be included in the written notification.
It is recommended that any correspondence with the employee be sent by registered mail.
In response to the written notification of unauthorised absence the employee may explain his or her absence in writing or
orally at any time prior to the cessation date specified in the notification. On receipt of any explanation the
principal/manager may:

accept the explanation and, if necessary, grant the employee leave for a further period of absence on such
conditions specified; or

reject the explanation and require the employee to return to duty by a date specified. If the employee does not
return to duty by the specified date his or her employment will automatically cease on the following day, or at the
expiration of the relevant period specified below (whichever is the later).

Abandonment of Employment
An ongoing teaching service employee who is absent from duty and the absence is not authorised (absent without leave)
for a period of three calendar months (including school vacations) ceases to be an employee in accordance with section
2.4.34(1) of the Education and Training Reform Act 2006.
In the event the ongoing teaching service employee fails to provide an explanation, or the principal rejects the
explanation, the employment of that person automatically ceases under section 2.4.34(1) with effect from the date
specified.
Section 2.4.34(2) of the Education and Training Reform Act 2006 provides that a person whose employment has been
terminated under section 2.4.34(1) may apply in writing to the principal (as the Secretarys delegate) to be reinstated. If
the principal is satisfied that the person had, in all the circumstances, reasonable grounds for being absent without
authority the principal may reappoint the person to that school at the classification and salary level he or she held
immediately prior to the cessation of employment. In considering reinstatement the principal must be satisfied that the
person meets the relevant pre-employment requirements such as current registration with the Victorian Institute of
Teaching or a valid Working with Children Check. Principals may contact Schools HR Services on 1800 641 943 for
advice on how to give effect to the reinstatement.
If an employee, other than an ongoing teaching service employee, is absent for more than 20 working days:

in circumstances where the principal/manager could not reasonably, after due enquiry, have been aware of any
reasonable grounds for the absence; and

without the permission of the principal/manager; and

without contacting the principal/manager to provide an explanation for the absence

the principal/manager is entitled to treat the employee as having resigned and the employment as having been terminated
by the employee at his or her initiative.