Attendance with the approval of the employer

Attendance with the approval of the employer

This provision covers (but is not confined to) those attendances initiated by the employee, where employer approval is sought.  The usual situation here would be that of completing/undertaking some sort of part-time study, where study leave approval has been sought from the employer.

Other situations such as union training courses and self-development courses would also fall into this category provided employer approval for attendance has been granted.

There is no requirement in the provision that the employer must meet the cost of the course in any way, or provide paid study leave.  All that is required is that approval for the attendance had in fact been given by the employer.

Oral approval

Approval for attendance at a place of education would usually be evidenced in writing, however an oral approval by a supervisor would be sufficient provided the evidence of that oral approval is fully verified (eg. by written advice from the supervisor).  The uncorroborated claim of a client should not be accepted.

Ambit of an approval

Most employers have a documented policy for the approval of study leave, involving two elements:

• approval of the course/subjects being taken by the employee; and
• formal documentation of the times of attendance.  This may include a list of all lectures/tutorials etc for all subjects, including those to be taken at night.  Preferably, the documentation will include the hours, if any, of paid study leave, travelling time, and details of how the employee intends to claim hours of attendance over the maximum allowed through the study leave provisions.

The approval by the employer referred to in the Act includes not only approval for specific hours of leave, but also approval for the subjects being taken.  Accordingly all required attendances at the place of education are covered.

Example - approval for attendance outside hours of duty

A member requests approval to undertake a degree in Accounting.  She does not need to take study leave during work hours in this semester as all her lectures/tutorials are after 5pm on Mondays and Wednesdays.  She supplies her Unit commander with a list of her contact hours.  Approval by her Unit will mean a reimbursement of her fees at the end of the year if she passes her subjects.  The Unit commander's approval is therefore based on the course itself.  Information on contact hours is a recognition that attendance at those times is part of the approval.

Attending the library out of hours

A course of study generally involves additional research or study in relation to the particular subjects being undertaken.  Necessarily, some of this study may be done out of hours or during weekend periods and may involve visiting a library or similar institution.

Generally, where the study program has been approved by the Commonwealth, compensation coverage should be extended to include these additional study commitments, provided the fact of the attendance for study purposes can be positively established.

Residential courses

Employees are covered for the full duration of a residential course, including during meals, resting and periods of participating in reasonable entertainment activities in free time.