Common use of Study Time Clause in Contracts

Study Time. (i) Eligibility - Study time may be granted by the employer to full-time employees undertaking part- time courses of study, in disciplines appropriate to health services, for which approval to enroll has been given by the employer. Employees proposing to embark upon a course of study for which the employer’s support is sought should consider the extent to which their own time will need to be applied to study, and whether they are prepared and able to firmly commit that time for the duration of the course. They should also consider whether the content of the course is appropriate to his/her employment situation, either present or contemplated, and whether attainment of the qualification will be of benefit to them in their work. Having decided to undertake the course they should discuss the proposal with the employer and secure approval before making any final arrangements for enrolment or registering for the course. The employer is required to examine the appropriateness of the course considered by any full-time employee, and be satisfied that it will better qualify the employee for service within the New South Wales public health system, before giving the approval and committing the employer to support in the form of study time. The employer should, too, ensure that such study time will not interfere with the maintenance of the Public Health Organisation’s essential service, nor require the employment of additional staff. The application form for study time can be obtained from the employee’s Public Health Organisation. Study time and/or paid time off for course work will only be granted in respect of one course at any one time. An employee who is undertaking two or more courses concurrently will not in any circumstances be granted paid study time for more than one. (ii) Financial Assistance - It is to be noted that employees who undertake courses associated with part- time and external studies are not entitled to any financial assistance regarding reimbursement of fees, travelling, etc. (See the NSW Policy Directive PD2019_010 Leave Matters for NSW Health Service, or as amended or replaced from time to time).

Study Time. (i) Eligibility - Study time may be granted by the employer to full-time employees undertaking part- part-time courses of study, in disciplines appropriate to health services, for which approval to enroll has been given by the employer. Employees proposing to embark upon a course of study for which the employer’s support is sought should consider the extent to which their own time will need to be applied to study, and whether they are prepared and able to firmly commit that time for the duration of the course. They should also consider whether the content of the course is appropriate to his/her employment situation, either present or contemplated, and whether attainment of the qualification will be of benefit to them in their work. Having decided to undertake the course they should discuss the proposal with the employer and secure approval before making any final arrangements for enrolment or registering for the course. The employer is required to examine the appropriateness of the course considered by any full-time employee, and be satisfied that it will better qualify the employee for service within the New South Wales public health system, before giving the approval and committing the employer to support in the form of study time. The employer should, too, ensure that such study time will not interfere with the maintenance of the Public Health Organisation’s essential service, nor require the employment of additional staff. The application form for study time can be obtained from the employee’s Public Health Organisation. Study time and/or paid time off for course work will only be granted in respect of one course at any one time. An employee who is undertaking two or more courses concurrently will not in any circumstances be granted paid study time for more than one. (ii) Financial Assistance - It is to be noted that employees who undertake courses associated with part- time and external studies are not entitled to any financial assistance regarding reimbursement of fees, travelling, etc. (See see policy directive PD2006_066). (iii) Extent of Entitlement - For face-to-face studies in courses conducted by universities, or technical and further education colleges, employees are eligible for a maximum of four hours’ paid study leave per week to attend lectures held in working hours, and for necessary travelling time involved. Any absence from duty in excess of this limit is to be made up. Where lectures are held outside working hours or during a combination of working and non-working hours an employee may be granted paid study time on the NSW Policy Directive PD2019_010 Leave Matters basis of one half-hour for NSW Health Serviceeach hour of compulsory attendance at after-hours lectures. Travel time necessary to attend lectures may also be granted, but the aggregate of paid time off under this provision is not to exceed four hours per week. Any absence from duty in excess of this limit is to be made up. For employees undertaking an approved course by correspondence, or as amended “external students”, study time may be granted on the basis of one quarter hour for each hour of lecture time in the face-to-face course, to a maximum of four hours per week. However, where external students are required to compulsorily attend a residential school or replaced from practical session, they will be granted leave on the basis of five days per subject per year, or 2 ½ days per subject per semester; this leave will be in substitution for, and not additional to, study time which might otherwise have been granted on a weekly basis. Any extra time involved is to be debited against the employee’s accrued annual leave or taken as leave without pay. It should be noted that study time may be granted, and taken, only once in respect of any course subject. Any student, therefore, who fails to pass in a subject at the first attempt, and is required to repeat that subject, shall not be eligible for paid study time in respect of that repeat. This applies even though the repeat involved attendance at lectures in working hours (in which case all time off for repeat studies must be made up) or compulsory attendance at a residential school (in which case the time off must all be made up, taken as leave without pay or annual leave). However, a student who is taking a combination of new and repeated subjects in any semester or course year is eligible for study time in respect of the new subject/s. Study time shall not be granted or taken during course vacations. A student in a course which involves compulsory attendance at a field day or days may be granted study time to attend; leave for this purpose is limited to seven hours on any one day, and where a field day occurs on a non-working day no time-off in lieu is to be allowed. Where the aggregate time off for course purposes exceeds four hours in any one week, the excess is required to be made up; however, reference should be made to sub-clause (iv) of this clause for certain conditions relating to the making-up of time off for study purposes. The employer must satisfy themselves that applicants for study time are required to attend lectures, field days or residential schools at the times stated in their applications. Entitlements for employees undertaking higher degree studies differ from those dealt with above; these are as set out in sub-clause (vii) of this clause. (iv) Making Up of Time - Employees who are absent from duty for more than the maximum four hours in any week are required to make up the excess time off. However, the maximum excess time off taken in any one week which is required to be made up is five hours; where the excess time off necessarily taken by an employee for course purposes exceeds nine hours per week the hours over nine hours are abandoned. Let us consider, as an illustration of the principles involved, the case of employees who attend four hours of face-to-face lectures, and also are required to attend a field day in that same week: ← 4 hours lectures ← 8 hours field day → ← 4 hours paid leave ← 7 hours (max) paid leave 1 unpaid → 4 hours 5 hours 2 hours 1 hour It will be seen that the employees have been granted time off, as paid study time to attend lectures. They then are required to attend a field day of eight hours’ duration, and they are paid for seven hours, which is the maximum allowed for attendance at a field day. They have, therefore, done course work for 12 hours in that week and have been paid the maximum allowable aggregate of 11 hours. They are then required to make up the maximum of five hours’ excess (in any one week), and the remainder (two hours) is abandoned; they are not required to make it up either in this week nor at any future time. As a general rule, time must be made up as soon as possible after the leave has been taken; it cannot be made up in advance, except in the week in which the excess time off is to be taken, but make-up may be deferred, if convenient to the employer, until a later day (e.g. during vacations). Time off is not permitted to be made up during meal breaks. Adequate supervision of the make-up of time must be exercised, either through the personal attendance of a senior officer or by a check on output. Despite the provisions of this section, all paid time off for course work in repeated subjects must be made up, however it may be; the five hours’ limitation does not apply to repeated subjects. This time off should be made up as soon as possible, or at the employer’s convenience. (v) Accumulation of Study Time - Study time may be accumulated to a maximum of five days per year (or two and a half days per semester) subject to the approval and convenience of the employer and a request by the employee. It will be remembered that employees engaged in courses requiring compulsory attendance at a residential school are not eligible for weekly study time, but are allowed a maximum of five days per subject per year (or two and a half days per subject per semester) to attend those schools. Employees, other than those covered in the second paragraph of this Section, who are entitled to less than two hours’ study leave per week may elect to accumulate that time and taken it in half-day or one-day periods if they feel that this will be more beneficial to their studies. Where students believe that their course requirements and/or personal circumstances are such that they would benefit more by accruing study time rather than taking it weekly, they may be granted a consolidated period not exceeding five days per year (or two and a half days per semester) in substitution for weekly study time, and may take this leave either prior to or during examinations. Students who receive some paid study time weekly for lecture attendance and/or travelling time during working hours, and also have some additional entitlement (e.g. from attendance at out-of-hours lectures) may convert the additional entitlement to a five-days-per-annum grant if they so desire. Approval to accrue five (or two and a half) days’ study time as provided above should be sought at the beginning of each course year. However, a student who elects to accrue at the beginning, or vice versa, may opt to reverse that decision, as from 1 July, for the remainder of the year. The employer, in giving approval for the accrual of study time, should ensure that the Public Health Organisation will not be inconvenienced, nor the maintenance of its essential operations jeopardised, by such arrangement, and that there will be no need to employ relief staff. However, where approval is initially given, the employer is required to honour its undertaking for the agreed period even though circumstances may alter and the employee’s absence then becomes inconvenient. If the employer declines an employee’s request for approval of accumulation of study time it is obliged to grant such time on a weekly basis. Employees undertaking a course who join the staff after the commencement of the course year (e.g. by transfer from another Public Health Organisation) may apply on 1 July of that year to accumulate their study time. (vi) External Studies - Employees may enrol, subject to approval by the employer , as external students in courses of study leading to a first or further qualification other than a higher degree. These courses may be taken through a university. Such a course does not usually require the student to attend lectures during the course year or semester, but usually does require compulsory attendance at a residential school at least once during each year or semester. Study time is to be granted on the basis of five days per subject per year, or two and a half days per subject per semester, and it is to be made available to the employee to attend the school or schools held. This leave is in substitution for, and not additional to, leave which might otherwise be granted on a weekly basis. Students attending residential schools do not receive any allowance for travelling accommodation or incidental costs. (vii) Part-Time Higher Degree Studies - The provisions for study time for employees undertaking higher degree studies are altogether different from the provisions already described except for courses which involve face-to-face instruction. The following grants of study time represent the maximum grant available for higher degree studies, and the periods of leave may be taken as required by the employee subject to the convenience of the employer: (a) Employees studying entirely by thesis may be granted a period of ten days’ study time. (b) For study entirely by research and thesis there is an entitlement of twenty days’ leave; in these cases a further ten days’ leave may be granted where the employer is satisfied that the nature and progress of the research warrants further study time. (c) For study which involves course work followed by the preparation of a thesis necessitating further research, employees may be granted weekly study time for the course work, where appropriate, and may also be granted a further ten days’ leave for the preparation of the thesis. (d) Periods of ten days’ and 20 days’ study time must be taken as units - not as scattered or random days towards the total entitlement, and apply to the thesis, not per year.