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ASK SAM: Understanding professional development leave

ASK SAM: Understanding professional development leave

Assistant Secretary Sam Casey

Every year nurses and midwives must meet the Nursing and Midwifery Board of Australia’s Nursing and Midwifery Continuing Professional Development Registration Standard as part of their registration renewal requirements.

Both the Nurses and Midwives (Victorian Public Sector) Agreement 2024-28 (public sector agreement) and the Victorian Public Mental Health Service Enterprise Agreement 2024-28 (mental health agreement) provide paid professional development.

Some private hospital enterprise agreements (agreements) provide paid professional development leave or course fee assistance.

Private aged care nurses may be entitled to paid professional development leave in their workplace enterprise agreement.

The following information applies to public sector members. Members can check their agreement entitlements via the member portal: members.anmfvic.asn.au (you will need to log in with your member number and password).

What is professional development leave?

This paid leave can be used for attendance at seminars and conferences, research and home study – relevant to your employment. If undertaking home study, you will need to detail the relevance of the study to your employment.

How many professional development leave days am I entitled to?

Full-time nurses and midwives are entitled to five days paid professional development leave per calendar year. The entitlement for part-time employees is on a pro-rata basis.

In the mental health agreement, part-time employees who work a minimum of three shifts a week are entitled to five days professional development leave. All other part-time employees are entitled to two days.

Nurse practitioners have access to an additional 10 hours of professional development leave per year.

What is the payment for a paid professional leave day?

A day for the purposes of professional development leave is your usual shift length.

Do I have to be rostered on to receive paid professional development leave?

No, professional development leave is payable even if the event is not on a day that you would normally work. Your employer will either:

  1. pay a day’s professional development leave (paid at the ordinary rate of pay); or
  2. provide time off in lieu on a mutually agreed day within 28 days. If there is no agreement or it does not occur within 28 days, the employer must pay an additional day’s ordinary pay; or
  3. provide an additional day’s annual leave (which will not attract leave loading).

I haven’t taken any professional development leave this year. Can I carry it over to next year?

No, professional development leave is not cumulative.

How do I apply for professional development leave?

You must apply for professional development in writing to the nurse or midwife unit manager at least six weeks prior if possible. The employer must respond within seven days, and approval should be unconditional and not be unreasonably withheld (i.e. there is no requirement to provide in-service or report).

What happens if my leave is not granted?

Where an employee has made a valid application for professional development leave but no leave is granted in the calendar year, one day’s leave will be added to the employee’s accrued annual leave or taken in another manner as mutually agreed with your employer.

Do I have to use my professional development leave for my employer’s mandatory education?

Any education your employer says is mandatory or compulsory must occur within an employee’s paid time and overtime applies where it would ordinarily apply. Your employer must not deduct your professional development leave for mandatory training.

If I take professional development leave, will my employer back-fill me?

The employer must back-fill professional development leave in clinical areas where you would ordinarily have a patient allocation.

Members with further questions can contact ANMF Member Assistance via the Member Portal

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