Sharing on Handling Leave Matters

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Sharing on Handling Leave Matters

• Financial Management Seminars July 2008

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Types of leave granted by SMCs

• Teaching staff (including school heads)
• Paid or no-pay Sick Leave (SL)
• Paid or no-pay Maternity Leave (ML)
• Paid or no-pay Special Tuberculosis Leave (TBL)
• Paid leave for serving as jurors/witnesses
• Paid Study Leave (StL) endorsed by PS(Ed) in
  advance
• Paid Special Leave (SpL) for a maximum of 2 days
  per school year and
• Paid leave not more than 14 days per school year
  for special events.

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Types of leave granted by SMCs

• Non-teaching specialist staff
• Paid Annual Leave (AL)
• Paid or no-pay SL
• Paid or no-pay ML
• Paid or no-pay TBL and
• Paid leave for serving as jurors/witnesses.
• Ref EDBC 1/2006 COA

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Types of leave that require PS(Ed)s approval

• No-pay leave (NPL) other than no-pay SL/ML/TBL
• StL not endorsed by PS(Ed) in advance and
• Other leaves not specified above but recommended
  by the SMC/IMC.

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Paid Special Leave

• SMC/IMC may grant paid SpL
• for a maximum of 2 days per school year
• of not more than 14 days to any teachers for each
  academic year to represent HKSAR in
  national/international conferences or events such
  as Asian Games and the Olympic Games or being
  invited to present paper or speak at
  national/international conferences in connection
  with education or participating in training and
  camping exercises of Civil Aid Service, Auxiliary
  Medical Service or Auxiliary Police Force.

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Paid Special Leave

• Prior approval of PS(Ed) is required for aided
  school teachers (including school heads) taking
  paid SpL for participating in activities/events,
  such as educational exchange visits, seminars and
  conferences, short study leave, etc.

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How will no-pay leave affect teachers?

• The period of NPL will not be counted for
  promotion purposes
• Keeping G/SSPF account open
• SMC schools - NPL period approved by REO
• IMC schools - Approve all NPL and apply to REO
  for keeping G/SSPF account open

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How will no-pay leave affect teachers?

• Adjustment of the date of increment

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Case Study (A)

• An aided secondary school teacher wishes to apply
  for 3-day leave from 1/4/08 to 3/4/08.
• Considerations
• The SMC has authority to approve the 2-day
  special leave. (CoA)
• No-pay leave should follow the 2-day special
  leave.
• 4/4/2008 is a gazetted public holiday and will be
  regarded as an extension of NPL.
• Payment of salary will resume on the day the
  teacher reports to school for duty, provided that
  it is neither a Sunday or a gazetted public
  holiday.

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Case Study (A) (cont.)

• If the teachers does not report to school for
  duty on 5/4 (Saturday), 5/4 6/4 will be
  regarded as an extension of the period of NPL.
• The SMC has to inform REO of the 2-day special
  leave granted and apply for 4-day NPL leave, i.e.
  3/4 to 6/4.
• The school needs to inform REO when the teacher
  reports to school for duty.

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Other Points to note

• For no-pay ML/SL/TBL, payment of salary will
  resume on the day following the last day of such
  NPL, notwithstanding that the day following the
  last day of such NPL may be a Sunday or a
  gazetted public holiday.
• Schools should take own responsibility to fulfill
  all statutory requirements including meeting any
  possible expenditure arising from all types of
  NPL of teaching and non-teaching staff out of
  non-government funds, such as payment for
  statutory holidays.

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Considerations for Special Leave

• Will the administration/operation/learning and
  teaching of the school be affected ?
• What are the grounds and justifications ?
• What are the reasons for not participating in
  such activities on non-school days ?
• Does it involve additional government subsidies
  such as acting allowances or supply teachers?
• Have schools formulated policies and principles
  in processing leave application in consultation
  with staff to ensure impartiality and consistency
  ?
• SMC/IMC has to handle complaints arising from the
  leave taken by the teacher.

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Requirements on Medical Certificates

• Valid MC to support sick leave applications
  exceeding 2 days (SAG)
• For MC issued by Registered Chinese medicine
  practitioners are accepted for the purpose of
  granting SL/ML effective from 1.12.2006
• For Maternity Leave (ML), they cannot be accepted
  for certification of the actual Date of
  Confinement.
• For the purpose of certifying SL for injury on
  duty and occupational disease, they are not
  accepted.
• Ref EDBCM 7/2007 COA

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How should school handle SLarising from injury
on duty?

• Notify the insurance company in accordance with
  BIP
• Notify the Commissioner of any accident or
  occupational disease
• SL will not count against the staffs normal SL
  balance.
• The staff is allowed to contribute to the G/SSPF
  during the period in the same manner as applied
  to any leave with full pay.
• Ref EDBC 31/2001

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SL and ML entitlement of part-time monthly-paid
teachers

• The entitlement of SL and ML for full-time and
  part-time monthly-paid teachers appointed on
  regular or temporary basis is the same.
• Female staff is eligible for paid maternity leave
  if she completed 40 weeks of residence service in
  aided schools before commencement of maternity
  leave.

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Case Study (B)

• A female teacher submitted a M/C to commence her
  ML on 16.7.2007 (Monday), just 2 weeks before the
  expected date of confinement. She applied for
  NPL from 3.7.2007 to 13.7.2007 to take more rest.
• (The school started summer vacation on
  14.7.2007 (Saturday) and the teacher planned to
  report to school for duty on 14.7.2007.)
• The application for NPL was recommended and
  approved by EDB. The teacher, however, gave
  birth to a baby on 5.7.2007 during her NPL.

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Case Study (B) (cont.)

• Considerations
• The teacher was entitled to a continuous period
  of 10 weeks from the date of commencement of ML.
• ML shall be the aggregate of
• a continuous period of 10 weeks from and
  inclusive of
• (i) the date of commencement of ML as
  determined under s12AA of the Employment
  Ordinance or
• (ii) the actual date of confinement, if
  confinement occurs before the date of
  commencement mentioned in (i)

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Case Study (B) (cont.)

• The period of NPL should be adjusted from
  3.7.2007 to 13.7.2007 (11 days) to 3.7.2007 to
  4.7.2007 (2 days)
• Upon confinement, the teacher commenced her
  10-week ML starting from 5.7.2007 and up to
  12.9.2007.

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Some Commonly Asked Questions
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Point to Note

• For teachers paid out of salaries grant, their
  leave provisions are governed by Codes of Aid.

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Guidelines and Forms related to COA

• Guidelines for Appointment of Daily Rated Supply
  Teachers in Aided Schools
• Guidelines for Appointment of Daily Rated
  Non-teaching Supply Staff in Aided Special
  Schools
• Leave Record of Teachers for EDB's Endorsement
• (Send yearly record to EDB in August)
• Half-yearly Summary of Leave Record of
  Non-teaching Staff
• http//www.edb.org.hk/EDNEWHP/resource/edu_doc/coa
  /ag_coa/coa_ag_e.pdf

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• Calculation of Sick Leave Balance
• Examples

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• Thank you!