Can I Claim Back Pay for Clause 52 Leave After Completing My VIT Registration?
Disclaimer: This information is provided for general understanding and does not constitute legal or professional advice. Entitlements under Clause 52 of the VECTEA 2020 may vary depending on individual circumstances. For specific advice on retrospective leave or back pay, please consult your union, HR team, or a qualified advisor.
Part 4
After Reviewing this deep dive you may be thinking… I already completed the VIT full registration process (and used my own time or took unpaid time or personal leave), but only now found out about the 4 days of paid leave under Clause 52, can I claim back pay or retrospective leave? The short answer is that you may be able to claim back pay or reclassification of leave taken, but it depends on a few factors:
When you completed the registration process
What type of leave (if any) you used
Whether your employer was aware of Clause 52 and failed to inform or offer it
How long ago this happened (timing matters for back pay and corrections)
Let’s break this down in detail:
1. Clause 52 Leave is an Entitlement - Not Optional
If you were a provisionally registered teacher at the time, you were legally entitled to up to four days of paid leave to complete your VIT registration activities.
Employers have an obligation to uphold all entitlements in the VECTEA — even if they didn't inform you.
If you weren’t told about this entitlement, that doesn’t void your right to it — it may, in fact, be a failure on your employer’s part.
2. Back Pay or Leave Reclassification Is Possible
There are two realistic outcomes you can request:
A. Back Pay
If you took unpaid time off or worked outside of paid hours, you can request payment for up to 4 days of work done for your registration.
B. Leave Reclassification
If you took other leave (e.g. annual leave or personal leave) to complete your VIT process, you can request that the days be reclassified as paid Clause 52 leave and your other leave entitlements be restored.
You’ll likely need to:
Provide a brief timeline of what was done and when
Specify which days you’re requesting be paid/reclassified
Give evidence (even rough notes, calendar entries, or emails)
Submit a written request to HR or leadership
3. Time Limits on Claims (Practical, Not Legal)
There isn’t a strict legal limit in the VECTEA about back pay for missed entitlements, but in practice:
Claims are stronger the sooner they’re made
If the registration was completed within the past 6–12 months, you're in a much better position
Older cases (e.g. >2 years ago) may still be valid but could be harder to push depending on record-keeping and management willingness
What You Can Do
Step 1: Write a respectful request to your employer or HR
Here’s a draft you can adapt:
Subject: Retrospective Application for Clause 52 Paid Leave
Dear [Manager/HR],
I’m writing regarding Clause 52 of the VECTEA 2020 agreement, which provides up to four days of paid leave for provisionally registered teachers undertaking the process of gaining full VIT registration.
At the time I completed my full registration, I was not aware of this entitlement and was not informed that I could access this leave. As such, I completed the required activities using [insert: unpaid time / annual leave / personal leave / outside working hours].
I am now seeking to retrospectively access this entitlement, either through back pay for time worked or through the reclassification of leave previously taken.
I have outlined below the approximate dates and activities undertaken during that period:
– [Date 1] – [e.g. observation session]
– [Date 2] – [e.g. PD or panel attendance]
– [Date 3] – [e.g. preparation of evidence]
[Add as needed]
Please let me know what further information you require to process this request. I appreciate your time and consideration in supporting this correction.
Kind regards,
[Your Name]
Step 2: Get union support (optional but powerful)
If you're part of a union (e.g. AEU Vic/Tas), they can:
Back you up
Help frame the claim
Step in if the employer refuses
The Bottom Line
If you’ve already completed your VIT full registration and missed out on the paid leave you were entitled to under Clause 52, that’s not your fault. But now that you know, you have every right to take action, whether that means…
Asking for back pay for unpaid work
Reclassifying leave you had to use
Or simply making sure your next request is supported
This is about more than paperwork, it’s about recognising your professional time and value. Employers are obligated to uphold the VECTEA, and that includes ensuring that part-time and full-time teachers alike receive what they’re entitled to. If you weren’t informed about Clause 52, that may be a failure on your employer’s part, not yours. So speak up, use these templates. Please reach out to your union if needed, and share this series with a colleague, because when one educator knows their rights, it raises the bar for everyone.
This is Part 4 of our 4-Part Series on VECTEA Clause 52
Part 1: VIT Full Registration doesn’t have to be solo… Know your rights!
Part 2: VECTEA and VIT Full Registration: What if Clause 52 leave is denied
Part 3: Can an employer deny clause 52 leave to a part-time teacher?
Part 4: Can I claim back pay for Clause 52 leave after completing my VIT Registration? ← (this post!)
All posts are live now at vskea.org
Thank you for reading, for advocating, and for continuing to make early childhood education stronger, not just for children and families, but for us educators too!