Holidays with Pay and Time Off In Lieu (TOIL)

As a part of the negotiations for the Public Sector Wages Agreement 2019 (the Agreement) the AEU obtained some provision for Holidays with Pay and Time off in Lieu (TOIL) for school Education Support Personnel (Support Staff)* as found in Appendix 16 of the Agreement-Holidays with Pay-School Support Staff.

For this year only (2020) if you work in one of the Support Schools, you may choose to have TOIL or be paid.

So what has been gained? Up to 9 days.

This arrangement provides for an entitlement to either leave with pay or TOIL of up to a maximum of 9 total public holidays in a calendar year. Your entitlement will change every year and will depend upon your location.

The provisions provide for arrangements that will apply when public holidays fall during school or in holiday periods and on a day that the ESP would normally work if it was in a term.

Holidays during school terms

During school terms, when a holiday with pay (public holiday) occurs on a day that you would have worked, you will be paid.  For example: If a holiday with pay occurs on a Tuesday and you do not normally work Tuesdays you will not be paid, but if you normally work on Tuesdays you will be.

Holidays occurring outside school terms

During holiday periods, if when a holiday with pay (public holiday) occurs on a day that you would have worked, you will be entitled to one day TOIL.

This does not include Christmas Day, Boxing Day, and New Years Day as for these days you will be paid, if they occur on a day that you would have worked had the holiday occurred in a term.  The payment for this will be in your pay at the end of Term 4, unless you annualise, then these days are included in your annualised salary.

Taking TOIL

The TOIL entitlement must be taken before the end of the school year.

The TOIL must be taken on a student free day or at another time agreed by the Principal and employee.

If relief is required, this cost must be covered by the school.

We recommend that you contact your manager/principal at the start of the year or at the start of each term to negotiate when you will be able to take your TOIL days.  Please do not leave it to the end of a term.

How to calculate

Your entitlement will change every year as public holidays in school holidays vary from year to year and public holidays vary from region to region. E.g. Launceston Cup Day is a full day holiday for some and only a holiday from 11 am for others.

Here are examples of how you will make your calculation if you work 5 days a week.

New Year Day 1 Jan All permanent staff paid Paid 
Australia Day 27 Jan Monday Paid if your starting date was prior to this day and took it as a paid holiday** 
8 Hour Day 9 Mar MondayPaid 
Good Friday 10 Apr FridayPaid
Easter Monday 13 AprMondayHolidays TOIL
Easter Tuesday 14 Apr Tuesday Holidays TOIL 
Anzac Day 25 Apr Saturday-this day is only a holiday if it falls on a week day No entitlement as it fell on Saturday this year 
Queens Birthday 8 Jun Monday Paid 4
Burnie Show 2 OctFriday TOIL 
Recreation Day 2 Nov MondayTOIL 5
Xmas Day 25 Dec All permanent staff paid Paid 
Boxing Day 26 Dec All permanent staff paid Paid 

Burnie-In this calendar year (2020) you are paid for 7 Public Holidays and therefore entitled to two days TOIL (if your usual day of work was one of the public holidays) unless your contract started on or before 27th January (and you were paid for this day and took it as a holiday) if so, you will have one day entitlement to TOIL. 

New Year Day 1 Jan All permanent staff paid Paid 
Australia Day 27 Jan Monday Paid if your starting date was prior to this day and took it as a paid holiday** 
Regatta Day9 Mar MondayPaid 
8 hour Day10 Apr FridayPaid
Good Friday10 AprilFridayPaid4
Easter Monday 13 AprMondayHolidays TOIL
Easter Tuesday 14 Apr Tuesday Holidays TOIL 
Anzac Day 25 Apr Saturday-this day is only a holiday if it falls on a week day No entitlement as it fell on Saturday this year 
Queens Birthday 8 Jun Monday Paid 5
Hobart Show22 OctFriday TOIL 6
Recreation Day 2 Nov MondayTOIL 7
Xmas Day 25 Dec All permanent staff paid Paid 8
Boxing Day 26 Dec All permanent staff paid Paid 

In this calendar year (2020) you are paid for 8 Public Holidays and only entitled to one day TOIL (if your usual day of work was one of those days) unless your contract started on or before 27th January (and you were paid for this day and took it as a holiday) therefore, you would have no entitlement to TOIL.

* “Education Support Personnel” means all school based employees who are employed to work 40/42/43 weeks and includes Teacher Assistants, School Administration, Canteen Assistants and Library Technicians.

**If you are a TA or Admin and taking up the option to work the extra 2 or 3 weeks and you have been asked to start work prior to this date you will be entitled to have this holiday paid and it will be considered a day of your extra weeks.

References & further information

You can access the Additional Week of Hours form here: DoE website https://www.education.tas.gov.au