Member Services Unit Frequently Asked Questions 1

Entitlements in the education sector are derived from many sources and vary depending on your workplace. To be sure of your rights, you need expert advice.

The IEU’s Member Services Unit offers just that, providing guidance, support, and representation on a wide range of issues, including entitlements, workplace complaints, and disciplinary processes.

This year, each edition of The Point is featuring some of the most frequently asked questions received by the MSU, helping you make the most of your hard-earned entitlements.

Your Contract is key!

To provide the most accurate advice, the Member Services Unit often needs a copy of your contract and any letters of variation.

These documents help us to give you the best possible advice.

Your employer is required to keep records of these documents and provide them to you upon request. If you can’t find a copy of your contract, put in a written request for a copy of it to your employer.

How do I know if my pay is correct?

Unsurprisingly, the MSU receives many queries about pay.

If you believe you’ve been paid incorrectly, your first port of call should be the person responsible for payroll at your workplace. Ask them, in writing, for an explanation of your pay and why they believe it is right. If you’re unsatisfied by their response, contact the MSU.

How much notice do I need to give when I resign?

Resignation advice varies by workplace and role. Generally, teachers must give seven term weeks’ notice, while Education Support Staff typically provide up to four term weeks’ notice, depending on their years of service.

Withholding of monies

If you cannot provide the full notice period, in some circumstances your employer may withhold up to two weeks’ pay. However:

• This does not apply in Victorian Catholic Schools, and many Agreement-covered Independent Schools.

• Your employer does not have to withhold money – but they can choose to. Which means they can also choose not to.

• Your employer cannot withhold any monetary entitlements owed to you other than salary. For example, they cannot take money out of your annual leave or long service leave.

• You cannot be forced to work beyond your nominated resignation date.

We advise you to contact the MSU before resigning to ensure you receive all of your hard-earned entitlements!

How do I resign?

A resignation must be submitted in writing to your workplace’s executive leader and clearly state your intended finish date.

If you’re planning on resigning at the end of a term, its best to make the resignation effective from the start of the following term to ensure you’re paid any school holiday pay that you have accrued over the course of the term.

For example, if you’re planning to finish work at the end of Term 1, 2026, you would resign effective Friday 17 April, which is the last weekday before Term 2 commences.

Avoid giving more notice than is required.

What happens to my leave balances when I resign?

In some cases, you can take your leave balances from one workplace to another. Members working in the Victorian Catholic sector can move to another school and their leave balance will follow. The same is true for members working in Victorian Lutheran Schools or under other Agreements applicable to multiple workplaces.

If you’re leaving your employer completely, you’ll lose all of your accrued personal leave.

In most cases, when you resign, any accrued leave entitlements – such as annual leave or long service leave – will be paid out as a lump sum. When this happens, the entitlements donot attract superannuation. When you take your leave entitlements as paid leave, they do attract superannuation.

For example, if $10,000 of long service leave is paid out, you will miss out on $1,200 in superannuation that would normally be paid on top of this sum.

So, before you resign, consider the impact on your leave entitlements, whether they transfer with your new employment, and whether taking leave as paid time off rather than a lump-sum payout would better maximise your superannuation.

I work part-time. Should I be paid for working additional hours?

If you’re asked to work additional hours, it is likely that you are entitled to additional pay or other compensation such as time in lieu.

Whenever you are asked to work additional hours or given the “opportunity” to work on a non-work day, you should ask what compensation you can reasonably expect. As always, get it in writing.

Do I have to agree to work additional hours?

If you are asked to work on non-workdays or outside your usual hours, this should occur only after consultation with your employer. Generally, it is unreasonable for an employer to insist you work outside contracted hours if it places an unreasonable burden on you or your family. Contact the IEU for advice!

If I’m a part-time teacher, do I need to do parent-teacher interviews or progress meetings?

Under AITSL standards, teachers are required to communicate with the families of their students. Parent-teacher interviews or progress meetings are one method of doing this, but there are many other ways that we communicate with our students’ families.

Generally, if you’re a part-time teacher, you should do a pro-rata amount of parent-teacher interviews. For example, if you’re 0.6FTE, you should do about 60% of the parent-teacher interviews of your colleagues who are full-time.

The most important thing is to communicate early with your leadership so you know what they expect of you and they know what you can commit to. Consultation is key! The earlier you start this conversation, the simpler it will be to come up with reasonable arrangements such as scheduling and number of interviews, and any time release needed.

Can I be asked to teach in a learning area that I don’t want to do?

Teacher members often contact the Member Services Unit with concerns about their teaching loads. In primary settings, this may involve teaching a different year group than usual or moving from a specialist role to a classroom role. In secondary settings, this often involves allocation of classes in different learning areas.

Teachers (and all employees) must follow reasonable directions. Usually, this means a teacher asked to work in a different area must comply, but the employer still needs to meet their obligations to provide  a safe working environment.

If you’re being asked to teach in a different year level or an area that you’re not trained in, you can reasonably ask for supports to do so such as professional development or additional planning time. Reasonable support looks different for everyone, depending on the situation, and is best achieved through consultation.

Am I entitled to unpaid parental leave?

Don’t get caught out! The first thing to check is the amount of service required in order to be eligible for unpaid parental leave. Under the Fair Work Act 2009, a worker must be employed for a minimum of 12 months to be eligible for unpaid parental leave.

In Victorian Catholic Schools and some independent Schools covered by Agreements, this has dropped to 30 term weeks or three terms, whichever is less.

How much paid parental leave am I entitled to?

Members working at Award-covered schools may not be entitled to paid parental leave from their employer, unless their employer chooses to offer paid parental leave in policy.

Members working in schools that are covered by an Agreement will be entitled to paid leave based on the provisions of that Agreement.

Most Agreements allow the option of taking your parental leave at half-pay. This allows you to be paid the same amount of money, spread out over twice the amount of time.

Can I work while I’m on parental leave?

You cannot work while receiving paid parental leave from your employer. However, once you’ve started your unpaid parental leave you can usually undertake paid work with your initial employer or another employer without breaking your period of unpaid parental leave.

When can I return from parental leave?

In nearly all cases, an employee who is returning from a period of parental leave will have a right to return to their pre-leave position.

Early communication is key when organising your return to work. The more notice you give your employer, the better they can plan for your return.

If you are told that there is no position available for you to return to, contact the Member Services Unit so that we can support you to get back to work when you’re ready – not when your employer decides they’ll have you.

Members in Victorian Catholic Schools can find further information in the Parental Leave Mini-Guide in Member Access.