Can an employer deny Clause 52 leave to a part-time teacher?
This information is based on my interpretation of the enterprise agreement and is intended for general understanding only. For specific advice related to your circumstances, it's best to consult your union, HR, or a legal advisor.
Part 3
In part 3 of our deep dive of the VECTEA Clauses covering the full registration process we consider the age old question of whether or not part-time teachers have pro-rata access to the four days referred to in clause 52. Maybe you’ve heard this unfortunately all too familiar response to enquiries about clause 52 leave:
"You already have non-working days. Just use those to do your VIT project, no need for paid leave”.
But the truth is that they cannot lawfully do that. And here's why!
1. Clause 52 is about paid leave — not just time.
Clause 52(a) entitles all provisionally registered teachers, regardless of time fraction, to:
"Up to four days paid leave for the purposes of moving to full teacher registration."
It does not say:
That this leave is only for full-time staff.
That it doesn’t apply to part-time staff.
That you must use your unpaid days to do the work.
The entitlement is to paid leave, on days you would normally be working. Otherwise, it’s not leave at all, it’s just your own time, and that defeats the purpose of the clause.
2. VECTEA does not pro-rata Clause 52 leave for part-time staff
There is no mention in Clause 52 of the leave being pro-rata based on time fraction (unlike some other entitlements like annual leave accrual or PD funding). This strongly indicates that the full 4 days paid leave applies equally to all teachers undertaking full registration, full-time or part-time. So if you work 3 days a week, you are still entitled to 4 days of paid leave, taken during your normal work days.
3. Forcing you to use non-rostered days undermines the clause
If your employer says:
“You can just use your non-working days for your VIT stuff.”
That effectively:
Deprives you of the paid time support guaranteed in Clause 52.
Imposes unpaid labour for registration activities (which are work-related).
Potentially discriminates against part-time staff by denying an entitlement based on their working pattern.
That approach would be a breach of the VECTEA 2020 enterprise agreement.
Example Scenario
You work:
Monday, Wednesday, Friday (0.6 FTE)
You request:
1 day of Clause 52 leave to do a mentoring session and evidence preparation, on a Friday (a scheduled work day).
Your employer says:
“You can just do that on Tuesday or Thursday as you're not rostered those days.”
This is not acceptable, because:
Tuesday/Thursday are your personal time, not employer time.
Clause 52 gives you paid leave from your regular rostered hours, not unpaid homework on your days off.
What You Can Say
Here’s a possible response you can give (or send) to your employer if you find yourself in this position:
Dear [Manager's Name],
Thank you for your response. I’d like to clarify that under Clause 52 of the VECTEA 2020 agreement, I am entitled to up to four days of paid leave to undertake the VIT full registration process. This entitlement applies to part-time teachers as well as full-time, and there is no indication in the agreement that the leave is pro-rata or conditional upon using non-rostered days.
I would appreciate the opportunity to take this leave on my rostered work day of [insert day], as per my usual schedule. As per the clause, I am happy to discuss timing and ensure it causes minimal disruption to the program.
Thank you again for your support.
Kind regards,
[Your Name]
The Bottom Line
The Early Childhood Education and Care Industry has been built on the unpaid labour of educators, and the only way for us to stop this is to advocate for our rights under our VECTEA 2020 agreement and the protections that the Fair Work Act entitles us to. If you’re facing this reality please reach out to your employer (you may even like to copy the template above) and advocate for yourself. If they don’t follow their VECTEA obligations you are well within your rights to contact your union and have them resolve this problem.