TRAINING, EDUCATION AND STUDY LEAVE (TESL) FOR STAFF SPECIALISTS PD2015_10 NSW of some of the more salient features or those that warrant some specific attention/notice. 1 Purpose of TESL The purpose of the Policy Directive ( PD ) is to outline the policy governing Training, Education and Study Leave ( TESL ) for Staff Specialists. Compliance is mandatory. The PD is not however to be applied retrospectively to applications submitted or approved prior to its date of issue - 25 February 2015. The PD reiterates that the Staff Specialists Determination ( Determination ) establishes that the Health System has a responsibility to ensure all Staff Specialists have appropriate and equitable access to TESL. (emphasis added) [Section 2, pp 2] TESL - general TESL is for Staff Specialists only. [Section 3, pp 2] TESL is available to permanent or temporary Staff Specialists who have been employed for a period of more than one year. [Section 3, pp 2] However, where a Staff Specialist converts from temporary to permanent, or whose temporary employment is greater than 12 months (by way of the original contract or via further contract/extension to the initial engagement), all temporary service will count as service for the accrual of TESL days and funding if employment is continuous. [Section 3, pp 2] The entitlement to TESL days arises at the end of each year of completed service but can be provided in advance on a notional pro rata basis. [Section 4.1, pp 5] Locum or temporary Staff Specialists employed after the publication date (25 February 2015) of the PD whose total period of employment is less than one year s duration are not entitled to TESL. [Section 3, pp2] 1 This summary should not be relied upon in isolation of the Policy Directive issued on 25 February 2015 [PD2015_10].
No Staff Specialist is entitled to any unused TESL entitlements on retirement, resignation, dismissal or redundancy. [Section 2, pp 2] The PD reiterates that clause 7(o) of the Determination sets out that a Staff Specialist should not take more than 50 days of TESL in the 24 months prior to resignation or retirement from employment in the NSW Health Service (except where the resignation or retirement is on medical grounds) (emphasis added). [Section 2, pp 2] However, a further qualification has been added, in that This limitation however will not be applied in those circumstances where a decision is made to transfer the delivery of public health services to a non-government sector provider and a Staff Specialist subsequently moves their employment to the new provider as part of the transition process undertaken for those services. [Section 3, pp 2] TESL Leave The PD sets out the following principles of TESL: TESL is an entitlement for the purposes of training, education and study for Staff Specialists. TESL must be relevant to both the Staff Specialist and the PHO. 2 TESL can be granted for time spent in attendance (including speaking) at a bona fide course, conference, other approved training, education and study activity. TESL can be granted for home-based study. Approval should not be unreasonably withheld. [Section 3.2, pp 3] Home Based Study The PD provides some guidance and discretion in relation to using TESL for home based study. [Section 3.3, pp 3-4] TESL days taken for study leave is in one day or one week periods, although longer periods can be sought and approved by the PHO. It is also recognised that in certain exceptional circumstances, home based study may be used more flexibly when attendance at conferences or courses is impracticable. [Section 3.3, pp 3-4] No allowances such as per diems are paid in respect of home based study. [Section 3.3, pp 4] 2 Public Health Organisation ( PHO ) is defined in the PD to include not only LHDs, Specialty Networks, and the Ambulance Service of NSW but also other agencies as set out in PD2013_021, including for example NSW Health Pathology and HealthShare NSW.
Transferring accrued TESL from one LHD to another. Accrued TESL days can be transferred from one PHO to another, provided the service is continuous (ie no more than a two month break between employment). [Section 3.5, pp 4] In the above situation, Level 1 Staff Specialists also retain the entitlement to the funding accrued arising from their previous employment (albeit the funds are not actually transferred but the new PHO becomes liable for the accrued funds). [Section 3.5, pp 4] Unspent No 2 Account funds are generally not transferred, although a discretion exists in exceptional circumstances that can be exercised by the Chief Executive (following a recommendation from the relevant No 2 Account Management Committee). [Section 3.5, pp 4] Recognition has also been made of Staff Specialists who may fractionate from one appointment to two or more. In this circumstance accrued TESL entitlements are split on a proportionate basis between the PHOs. [Section 3.5, pp 4] TESL days - allocation TESL days are calendar days. [Section 4.1, pp 5] Full time Staff Specialists are entitled to 25 TESL days per year. [Section 4.1, pp 5] Part time Staff Specialists are entitled to a pro rata number of TESL days (for example, a 0.6 FTE will accrue 15 TESL days per year). [Section 4.1, pp 5] The entitlement to TESL days arises at the end of each year of completed service but can be provided in advance on a notional pro rata basis. [Section 4.1, pp 5] TESL - deduction TESL is granted to facilitate approved attendance/activities as set out in the PD. [Section 4.2, pp 6] The minimum deduction of TESL is one day. [Section 4.2, pp 6] If work duties have been performed on a day, TESL will not be debited (ie travelling to a conference after completing work activity on that day). [Section 4.2, pp 6] If a Staff Specialist is working for more than one PHO, then TESL days and funding should be sought from each on a proportionate basis reflecting the absence. [Section 4.2, pp 6]
TESL days will not be deducted for local conferences that do not involve an overnight stay or flight expenses and do not reduce the Staff Specialist s work commitment. [Section 4.2, pp 6] Where a Staff Specialist is on TESL (for example, attending a conference) on a day not required to be at work, a TESL day will be deducted, and travel, accommodation, and the per diem allowance will be paid at the full time rate. [Section 4.2, pp 7] TESL funding - allocation Level 1 Staff Specialists The annual amount of funding for Level 1 Staff Specialists is determined each year using a formula contained in clause 7(l) in the Determination. [Section 5.1, pp 9] The funding entitlement provided to a part time Staff Specialist is on a pro rata basis proportionate to their employment. [Section 5.1, pp 9] Funds accumulate to a maximum capped amount - being the dollar value of two years funding at the full time equivalent allocation. This same capped amount also applies to part time Staff Specialists. [Section 5.1, pp 9] As the funding entitlement generally changes each year, so does the capped amount. [Section 5.1, pp 9] It is the responsibility of the PHO to ensure accurate records are maintained and readily available to Level 1 Staff Specialists. [Section 5.1, pp 9] Levels 2-5 Staff Specialists The availability of TESL funding for Level 2-5 Staff Specialists is dependent on the funds in the appropriate No 2 Account. The quantum of the funding made available is a matter for the relevant management committee. It should have due regard to the funds made available to Level 1 Staff Specialists. [Section 5.1, pp 9] TESL funding - expenses covered by Level 1 funding The expenses covered by TESL funds made available to Level 1 Staff Specialists from general funds include: Conference registration or course fees Accommodation allowances Per diem payments One third of the costs of membership in the colleges listed at Schedule 2 of the Staff Specialists (State) Award. Books and journals relevant to the Staff Specialist s area of speciality which will remain the property of the PHO, and Post-graduate course fees for courses that are relevant to the Staff Specialist s area of speciality. [Section 5.2, pp 10-11]
Laptops and mobile internet capable devices required for work purposes can now be purchased from TESL funds (if not otherwise provided by the PHO). This has initially been capped at $2,000 per year accumulating to a maximum of $6,000 over a three year cycle. [Section 5.2, pp 11-12] NOTE this is not in addition to the TESL funding determined each year but an identifiable sub set within that quantum, and only relevant if sought to be utilised by the Staff Specialist for this purpose. Unless specified otherwise by the Staff Specialist, TESL allowances for meals, accommodation and incidentals will be paid in accordance with the ATO reasonable travel allowance amounts. This approach does not prevent a Staff Specialist from claiming actual expenditure in respect of the entire period of TESL, provided tax invoices, receipts, credit card statements or where appropriate, diary records are provided for all expenditure. [Section 5.2, pp 11] TESL funding - accommodation Reimbursement is at the standard room rate only. The Staff Specialist may choose to book a family room but the PHO will only reimburse the standard room rate. [Section 5.4, pp 13] If the Staff Specialist s place of residence is within approximately 160km of the TESL venue, and the activity does not exceed one day, accommodation will not be approved for an overnight stay preceding or at the conclusion of the TESL activity unless the starting/finishing time of the TESL activity precludes arrival at the Staff Specialist s conference/residence at a reasonable time. [Section 5.4, pp 13] For a TESL activity that exceeds one day, accommodation will be approved provided the distance from the Staff Specialist s residence to the activity exceeds 60km. If the TESL activity requires a residential stay as part of the activity, then accommodation will also be approved for the night(s) during the conference. [Section 5.4, pp 13] TESL funding - Registration and course fees TESL funding is available to cover registration costs for approved conferences and seminars. These will be paid or reimbursed on presentation of tax invoices for approved TESL funding. [Section 5.6, pp 15] TESL funding is not available for payment of HECS fees except with the approval of the Chief Executive. [Section 5.4, pp 13] TESL funding can be used to pay course fees that are relevant to the speciality in which the Staff Specialist practices. [Section 5.4, pp 13]
TESL funding - airfares The government contractor for travel must be used to book all official business travel, including airfares (see Appendix 1). [Section 5.11, pp 17] However, a Staff Specialist may book using an alternative carrier in the following manner and process, as set out in the PD. The Staff Specialist may book using an alternative carrier or travel agent provided that at the time of application: o A written quote from both the alternative carrier or travel agent and all written quotes from the current government contractor are supplied which demonstrates: a. The itineraries are identical b. The alternative carrier or travel agent is cheaper, and c. The conditions are identical (eg. both are refundable tickets). Where these conditions are fulfilled, it will not be necessary to obtain a second quotation from the current government contractor. [Section 5.11, pp 17-18] Staff Specialists are entitled to travel Business Class, at the best (lowest) possible rate available for travel by the most direct and least time consuming route unless there are good reasons (eg safety, significant cost benefits). Where Business Class is not provided by the airline (such as many US airlines), the next class above Economy that is equivalent to Qantas Business Class may be booked. [Section 5.11, pp 17] Overseas Travel Staff Specialists will normally be expected to travel by the most direct and least time consuming method unless there are good reasons to do otherwise (eg safety; significant cost benefits). [Section 4.3, pp 7-8] The day of departure and the day of return will generally be deducted as TESL days unless the Staff Specialist does not apply for leave on those days and travelling time allows for them to work their expected hours on that day. [Section 4.3, pp 7-8] Staff Specialists will not be expected to attend a conference or return to work on a day on which they have arrived the morning after travelling overnight from an overseas destination. A TESL day will be deducted instead. [Section 4.3, pp 7-8] Approval of TESL Applications setting out required material and information must be submitted by the Staff Specialist and approved by the PHO prior to undertaking TESL. [Section 5.13, pp 19-20]
To facilitate relevant payments and reimbursements prior to commencing TESL, applications should be made at least eight weeks beforehand. [Section 5.13, pp 20] Other forms of leave in conjunction with TESL Non TESL leave (eg annual leave, long service leave, leave without pay) can be taken in conjunction with TESL. However, if the non-tesl days exceed the TESL days then any flights or other travel costs for travelling to and from the destination will be paid proportionate to the number of days spent on TESL. For example, if there are 10 days of non-tesl leave and 5 days of TESL, then the PHO would pay one-third of the cost of the airfare to the destination. [Section 4.4, pp 8] Scheme D Staff Specialists Staff Specialists on preserved Scheme D arrangements continue to receive their conference and study leave in accordance with Circular 90/39 issued on 23 May 1991. [Section 3.1, pp 3] Pre 1997 Conference and Study leave Other Staff Specialists who have accrued conference and study leave prior to 1997 will also continue to have such leave preserved and managed in accordance with Circular 90/39 issued on 23 May 1991. [Section 3.1, pp 3] Pre 1997 conference and study leave are to be listed separately to TESL leave entitlements and continue to be managed in accordance with Circular 90/39. [Section 4.1, pp 5] Within three months of the PD being published (25 May 2015), any pre 1997 conference and study leave for Part Time Staff Specialists must be listed separately and available to HealthShare. [Section 4.1, pp 5] Medical Administrators Current arrangements remain, as set out in clause 7(n) of the Determination, in relation to an election that can be exercised re TESL days/funds and the use of a motor vehicle consistent with Senior Executive guidelines. [Section 5.1, pp 10] Last update - Friday, 6 March 2015