{"id":"pre-school-teachers-and-assistants-leave-act-1984","name":"Pre-school Teachers and Assistants (Leave) Act 1984","slug":"pre-school-teachers-and-assistants-leave-act-1984","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176534,"registerId":"vic-pre-school-teachers-and-assistants-leave-act-1984-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Pre-school Teachers and Assistants (Leave) Act 1984","content":"Version No. 016\n\n**Pre-school Teachers and Assistants (Leave) Act 1984**\n\n**No. 10135 of 1984**\n\nVersion incorporating amendments as at  \n30 March 2022\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title 1\n\n2 Commencement 1\n\n3 Definitions 2\n\n4 Entitlement to long service leave 4\n\n4A Sick leave 6\n\n5 Continuity of employment 7\n\n6 Regulations 9\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Explanatory details 14\n\n**Version No.** **016**\n\n**Pre-school Teachers and Assistants (Leave) Act 1984**\n\n**No. 10135 of 1984**\n\nVersion incorporating amendments as at  \n30 March 2022\n\nAn Act to make provision in relation to portability of long service leave for certain pre-school teachers and assistants and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nS. 1  \namended by No. 105/1986 s. 6(1).\n\n\t1 Short title[[1]](#endnote-2)\n\nThis Act may be cited as the **Pre-school Teachers and Assistants (Leave) Act 1984**.\n\n\t2 Commencement\n\nThis Act shall come into operation on a day to be proclaimed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t3 Definitions\n\n(1) In this Act unless inconsistent with the context or subject-matter—\n\nS. 3(1)  \ndef. of *award* inserted by No. 105/1986 s. 4(a), amended by Nos 47/1992 s. 25(8), 83/1992 s. 184(Sch. 6 item 19.1), substituted by No. 82/1994 s. 13(Sch. 2 item 5), amended by No. 59/1996 s. 10(Sch. 2 item 19.1), substituted by No. 74/2009 s. 18(2), amended by No. 13/2022 s. 75(a).\n\n***award*** means—\n\n(a) an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth; or\n\n(b) an agreement-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or\n\n(c) a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth; or\n\n(d) a determination of the Fair Work Commission made under the Fair Work Act 2009 of the Commonwealth; or\n\n(e) an award-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth;\n\nS. 3(1) def. of *Fair Work Australia* inserted by No. 74/2009 s. 18(1), repealed by No. 13/2022 s. 75(b).\n\n* * * * *\n\nS. 3(1) def. of *Fair Work Commission* inserted by No. 13/2022 s. 75(c).\n\n***Fair Work Commission*** has the same meaning as in the Fair Work Act 2009 of the Commonwealth;\n\n***pre-school assistant*** means—\n\n(a) a person who is employed to assist a pre-school teacher in a kindergarten or play centre when children are in attendance; or\n\n(b) a prescribed person;\n\n***pre-school teacher*** means—\n\n(a) a registered primary teacher;\n\n(b) a person holding a prescribed qualification in pre-school teaching;\n\n(c) a person holding a prescribed qualification in early childhood teaching;\n\n(d) a person holding a prescribed qualification as a play leader;\n\n***prescribed*** means prescribed by the regulations;\n\n***relevant kindergarten*** means a kindergarten declared in accordance with subsection (2) as a relevant kindergarten for the purposes of this Act;\n\n***relevant play centre*** means a play centre declared in accordance with subsection (3) as a relevant play centre for the purposes of this Act;\n\nS. 3(1) def. of *sick leave* inserted by No. 105/1986 s. 4(b), amended by No. 74/2009 s. 18(3).\n\n***sick leave*** means leave with pay on account of illness or injury which a pre-school teacher or pre-school assistant is entitled to take in accordance with an award or in accordance with the National Employment Standards under the Fair Work Act 2009 of the Commonwealth, but does not include leave in respect of which a pre-school teacher or pre-school assistant is entitled to receive compensation payments under an Act.\n\n(2) The Governor in Council may by Order published in the Government Gazette, declare a kindergarten to be, or to have been, a relevant kindergarten.\n\n(3) The Governor in Council may by Order published in the Government Gazette, declare a play centre to be, or to have been, a relevant play centre.\n\n(4) In this Act, a reference to employment in a relevant kindergarten or relevant play centre does not include a reference to employment in a relevant kindergarten or relevant play centre during a period during which a declaration under subsection (2) or (3) (as the case may be) in respect of that kindergarten or play centre does not apply or is not in force.\n\n(5) A declaration under subsection (2) or (3) in respect of a kindergarten or play centre may be expressed to apply in relation to a period or periods whether before or after the commencement of this section.\n\n(6) In this Act, a reference to employment in a relevant kindergarten or relevant play centre includes a reference to a period or periods of employment in a prescribed office.\n\n\t4 Entitlement to long service leave\n\n(1) In computing the period of employment which entitles a pre-school teacher or pre-school assistant to long service leave or pay in lieu thereof—\n\nS. 4(1)(a) substituted by No. 12/1989 s. 4(1)(Sch. 2 item 96.1), amended by No. 9/2020 s. 390(Sch. 1 item 78).\n\n(a) pursuant to regulations made for the purposes of section 50 of the **Local Government Act 2020**;\n\nS. 4(1)(b) substituted by No. 83/1992 s. 184(Sch. 6 item 19.2), amended by No. 59/1996 s. 10(Sch. 2 item 19.2), substituted by No. 12/2018 s. 61(1).\n\n(b) under the **Long Service Leave Act 2018** (except section 6)—\n\nthere shall be taken into account any periods of employment calculated in accordance with subsection (2).\n\n(2) For the purposes of subsection (1), the periods of employment to be taken into account are periods of employment calculated as follows:\n\nS. 4(2)(a) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 96.2), 9/2020 s. 390(Sch. 1 item 78).\n\n(a) In the case of employment of persons who are covered by regulations made for the purposes of section 50 of the **Local Government Act 2020**—on the completion of each year of employment as a pre-school teacher or pre-school assistant in a relevant kindergarten or relevant play centre—nine days;\n\nS. 4(2)(b) amended by Nos 83/1992 s. 184(Sch. 6 item 19.3), 59/1996 s. 10(Sch. 2 item 19.2), 12/2018 s. 61(2).\n\n(b) In the case of employment as an employee to whom the **Long Service Leave Act 2018** applies—on the completion of each year of employment as a pre-school teacher or pre-school assistant in a relevant kindergarten or relevant play centre—six days.\n\n(3) The periods of employment to be taken into account for the purposes of subsection (1) do not include—\n\n(a) any interruption of or absence from employment of a kind mentioned in section 5(g), (h), (i), (j), (k), (l) or (m); or\n\n(b) any period of employment in respect of which long service leave or pay in lieu thereof has already been granted.\n\nS. 4A  \ninserted by No. 105/1986 s. 5.\n\n\t4A Sick leave\n\n(1) In this section—\n\n***pre-school worker*** means a person who is a pre-school teacher or pre-school assistant;\n\n***pre-school workplace*** means a place which is a relevant kindergarten, a relevant play centre or both a relevant kindergarten and a relevant play centre.\n\n(2) If a pre-school worker—\n\n(a) is at the date of commencement of this section working at a pre-school workplace; or\n\n(b) after the date of commencement of this section leaves work at a pre-school workplace and starts work at another pre-school workplace—\n\nthe worker's employer must credit the worker with sick leave accrued by the worker in respect of periods of employment at pre-school workplaces where the worker has previously worked if the worker's employment at the pre-school workplaces where the worker has previously worked and at the pre-school workplace where the worker is now working is continuous.\n\n(3) Subsection (2) does not require an employer to credit a pre-school worker with periods of sick leave which the worker has accumulated but has already taken.\n\n(4) This section applies to periods of employment whether they occurred before or occur after the commencement of this section.\n\n(5) Except where an award which applies to a pre-school worker contains express provision to the contrary, for the purposes of this section a pre-school worker's employment is to be treated as continuous despite the absences from or interruptions of work mentioned in paragraphs (a) to (m) of section 5.\n\n\t5 Continuity of employment\n\nFor the purposes of this Act, employment in a relevant kindergarten or relevant play centre (whether before or after the commencement of this Act) shall be deemed to be continuous notwithstanding—\n\n(a) the taking of any annual leave or long service leave;\n\nS. 5(b) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 96.3) (as amended by No. 13/1990 s. 38(2)(o)), 9/2020 s. 390(Sch. 1 item 78).\n\n(b) in relation to persons who are covered by regulations made for the purposes of section 50 of the **Local Government Act 2020**, any absence from work of not more than fourteen days in any year on account of illness or injury;\n\nS. 5(c) amended by No. 83/1992 s. 184(Sch. 6 item 19.4(a)).\n\n(c) any absence from work of not more than 48 weeks in any year on account of illness or injury;\n\nS. 5(d) amended by Nos 83/1992 s. 184(Sch. 6 item 19.4(b)), 59/1996 s. 10(Sch. 2 item 19.2), 12/2018 s. 61(3).\n\n(d) any absence from work of a worker performing duties in relation to assets of a particular kind arising solely by reason of a transfer to which section 11(6) of the **Long Service Leave Act 2018** applies of the assets from one employer to another employer;\n\n(e) any interruption or ending of the employment by the employer if the interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;\n\n(f) the taking of leave granted by the employer which is not leave or absence of work of a kind mentioned in paragraph (a), (b) or (c);\n\n(g) any interruption arising directly or indirectly from an industrial dispute;\n\n(h) a dismissal of the pre-school teacher or pre‑school assistant if that teacher or assistant is re-employed within a period not exceeding three months from the date of dismissal;\n\n(i) the standing down of the pre-school teacher or pre-school assistant when no work is available;\n\n(j) any absence from work of a female pre-school teacher for a period not exceeding eighteen months in respect of her pregnancy;\n\n(k) any absence from work of a female pre-school assistant for a period not exceeding twelve months in respect of her pregnancy;\n\n(l) any other absence on account of injury arising out of or in the course of the employment of the pre-school teacher or pre‑school assistant or by leave of the employer; or\n\n(m) any other absence of the pre-school teacher or pre-school assistant with the prior approval or subsequent acquiescence of the employer that is not referred to in paragraph (a), (b), (c), (d) or (e).\n\n\t6 Regulations\n\nThe Governor in Council may make regulations for and with respect to any matter or thing that by this Act is authorized or required or permitted to be prescribed or that is necessary to be prescribed for carrying this Act into effect.\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Pre-school Teachers and Assistants (Leave) Act 1984** was assented to on 13 November 1984 and came into operation on 18 December 1985: Government Gazette 18 December 1985 page 4640.\n\nThe name of this Act was changed from the **Pre-school Teachers and Assistants (Portability of Long Service Leave) Act 1984** to the **Pre-school Teachers and Assistants (Leave) Act 1984** by section 6(1) of the **Pre‑school Teachers and Assistants (Sick Leave) Act 1986**, No. 105/1986.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Pre-school Teachers and Assistants (Leave) Act 1984** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Pre-school Teachers and Assistants (Sick Leave) Act 1986, No. 105/1986**\n\n| Assent Date: | 16.12.86 |\n| --- | --- |\n| Commencement Date: | 16.12.86 |\n| Current State: | All of Act in operation |\n\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989** (as amended by No. 13/1990)\n\n| Assent Date: | 9.5.89 |\n| --- | --- |\n| Commencement Date: | S. 4(1) on 1.11.89: Government Gazette 1.11.89 p. 2798; Sch. 2 items 96.1–96.3 on 3.6.92: Government Gazette 3.6.92 p. 1306 |\n| Current State: | This information relates only to the provision/s amending the **Pre-school Teachers and Assistants (Leave) Act 1984** |\n\n\n**Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992**\n\n| Assent Date: | 23.6.92 |\n| --- | --- |\n| Commencement Date: | 1.8.92: Government Gazette 22.7.92 p. 1874 |\n| Current State: | All of Act in operation |\n\n\n**Employee Relations Act 1992, No. 83/1992**\n\n| Assent Date: | 24.11.92 |\n| --- | --- |\n| Commencement Date: | S. 184(Sch. 6 items 19.1–19.4) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Pre-school Teachers and Assistants (Leave) Act 1984** |\n\n\n**Employee Relations (Amendment) Act 1994, No. 82/1994**\n\n| Assent Date: | 29.11.94 |\n| --- | --- |\n| Commencement Date: | S. 13(Sch. 2 item 5) on 11.5.95: Government Gazette 11.5.95 p. 1093—see **Interpretation of Legislation Act 1984** |\n| Current State: | This information relates only to the provision/s amending the **Pre-school Teachers and Assistants (Leave) Act 1984** |\n\n\n**Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996**\n\n| Assent Date: | 12.12.96 |\n| --- | --- |\n| Commencement Date: | S. 10(Sch. 2 items 19.1, 19.2) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 |\n| Current State: | This information relates only to the provision/s amending the **Pre-school Teachers and Assistants (Leave) Act 1984** |\n\n\n**Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009**\n\n| Assent Date: | 1.12.09 |\n| --- | --- |\n| Commencement Date: | S. 18 on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Pre-school Teachers and Assistants (Leave) Act 1984** |\n\n\n**Long Service Leave Act 2018, No. 12/2018**\n\n| *Assent Date:* | 15.5.18 |\n| --- | --- |\n| *Commencement Date:* | S. 61 on 1.11.18: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Pre-school Teachers and Assistants (Leave) Act 1984** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 78) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Pre-school Teachers and Assistants (Leave) Act 1984** |\n\n\n**Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022**\n\n| Assent Date: | 29.3.22 |\n| --- | --- |\n| *Commencement Date:* | S. 75 on 30.3.22: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Pre-school Teachers and Assistants (Leave) Act 1984** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 1: Section 6(2) of the **Pre-school Teachers and Assistants (Sick Leave) Act 1986**, No. 105/1986 reads as follows:\n\n  6 New short title\n\n  (2) In any Act, subordinate instrument or document a reference to the **Pre-school Teachers and Assistants (Portability of Long Service Leave) Act 1984** is deemed to be a reference to the **Pre‑school Teachers and Assistants (Leave) Act 1984**. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act began as portability of long service leave for pre-school staff but was expanded: sick-leave portability was added (Pre-school Teachers and Assistants (Sick Leave) Act 1986); definitions were updated to align with Commonwealth Fair Work instruments (2009, 2022); the Act now links entitlement calculations to the Long Service Leave Act 2018 and to Local Government Act 2020 regulations (see s.4, s.3); and the Governor in Council’s declaratory and regulatory powers remain central (s.3(2)–(3), s.6)."},"complexity_factors":["Cross-references to multiple external Acts and instruments (Long Service Leave Act 2018, Local Government Act 2020, Fair Work Act and Fair Work instruments) which change how service and awards are calculated (see s.4, s.3 definition of 'award').","Sick-leave portability layered on top of long-service portability with continuity and award exceptions (s.4A(2)–(5); s.5).","Governor in Council discretion to declare 'relevant' kindergartens and play centres and to make regulations, creating administrative dependency (s.3(2)–(3); s.6).","Detailed continuity rules listing many specific interruptions and absences that do or do not break service (s.5(a)–(m)), producing case-by-case application issues.","Interaction with employer liability and record-keeping: employers must credit accrued leave and account for prior periods (s.4A(2)–(3); s.4).","Multiple historical amendments and terminology changes across decades (1986, 1989, 1992, 1994, 1996, 2009, 2018, 2020, 2022) which affect interpretation and applicability."],"plain_english_summary":"This Act makes long-service and sick leave portable for certain pre-school teachers and assistants working in declared kindergartens or play centres. It sets how years of service are counted, requires employers to credit accrued sick leave when employment at pre-school workplaces is continuous, and empowers the Governor in Council to declare relevant workplaces and make regulations. It affects employees who transfer between eligible pre-school employers and the employers who bear leave liabilities and record-keeping obligations."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have maintained its original narrow focus on leave entitlements for pre-school teachers and assistants in Victoria. There is no indication from the metadata that its scope was broadened or significantly altered through amendments. It remains a targeted, sector-specific instrument."},"complexity_factors":["Narrow, single-sector application (pre-school workers only) keeps scope limited","Likely contains straightforward leave entitlement provisions without complex legal mechanisms","The legislation metadata provided is minimal — full text not available for deeper analysis","Potential complexity arises from interaction with modern federal employment law (Fair Work Act 2009), which may partially or wholly supersede it","Age of the legislation (1984) may mean outdated terminology or cross-references to repealed laws"],"plain_english_summary":"The Pre-school Teachers and Assistants (Leave) Act 1984 is a Victorian law that establishes legal leave entitlements (e.g., annual and sick leave) for kindergarten teachers and their assistants and requires employers to provide that leave.  \n\nBecause it’s an older state law, its practical effect may now be limited by the federal Fair Work Act 2009 and the National Employment Standards; affected workers should check whether this Act still applies in their circumstances."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1984 Act was narrowly focused on 'portability of long service leave' only. The 1986 amendments (reflected in the current title change from 'Portability of Long Service Leave' to just 'Leave') significantly expanded scope to include sick leave portability (section 4A). Later amendments have further broadened the framework to accommodate national workplace relations changes (Fair Work Act 2009) and major Victorian legislative rewrites (Local Government Act 2020, Long Service Leave Act 2018). The Act has evolved from a single-purpose long service leave calculator into a dual-purpose leave portability mechanism covering both long service and personal leave."},"complexity_factors":["Multiple overlapping legislative schemes: the Act operates as a 'bridge' between the Local Government Act 2020 and the Long Service Leave Act 2018, requiring readers to understand two separate primary statutes","Defined terms rely heavily on external references: 'award' definition spans 5 different types of instruments under Commonwealth Fair Work legislation, and 'sick leave' references the National Employment Standards","Conversion mechanics in section 4(2) require calculation: 9 days per year for local government employees vs 6 days per year for others under the Long Service Leave Act 2018","Temporal complexity: section 3(5) allows declarations to apply retrospectively, and section 4A(4) applies sick leave provisions to employment periods before the section even existed","13 specific continuity exceptions in section 5, including varying maternity leave periods (18 months for teachers, 12 months for assistants) and differing sick leave thresholds (14 days vs 48 days depending on employment type)","Regulatory dependency: key terms ('prescribed qualification', 'prescribed person', 'prescribed office') are undefined in the Act and left to regulations"],"plain_english_summary":"**What this law does:**\n\nThis Victorian law ensures that **pre-school teachers and assistants** (people who work in kindergartens and play centres) don't lose their hard-earned leave entitlements when they move between jobs. It makes their leave \"portable\" — meaning it travels with them from employer to employer.\n\n**Two main types of leave covered:**\n\n*   **Long service leave:** Normally, you only get this after working for the *same* employer for many years (usually 7+ years). This law counts time worked at *different* kindergartens and play centres towards that total. It converts years of pre-school work into \"credits\" (6 or 9 days per year, depending on which main leave law applies) that count towards long service leave under the **Local Government Act 2020** or the **Long Service Leave Act 2018**.\n\n*   **Sick leave:** If a pre-school worker moves from one kindergarten/play centre to another, their new employer must recognise sick leave they accrued at their old job — provided there's no break in employment.\n\n**Who it affects:**\n\n*   Pre-school teachers (registered primary teachers or people with specific early childhood qualifications)\n*   Pre-school assistants (people who help teachers in kindergartens or play centres)\n*   Their employers — kindergartens and play centres that the government has declared \"relevant\" under this Act\n\n**Why it matters:**\n\nWithout this law, a teacher who worked 5 years at Kindergarten A and 5 years at Kindergarten B would have zero long service leave, because neither employer hit the 7-year threshold. This law treats that as 10 continuous years. It recognises that pre-school workers often move between employers (councils, private centres, community groups) but are essentially doing the same job in the same sector.\n\n**Key protection — \"continuous employment\":**\n\nThe law says employment is still \"continuous\" even if the worker takes annual leave, long service leave, sick leave (up to certain limits), maternity leave (up to 12-18 months), or is briefly dismissed and rehired within 3 months. This stops employers from using technical breaks to dodge leave obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/pre-school-teachers-and-assistants-leave-act-1984","history":"/api/acts/pre-school-teachers-and-assistants-leave-act-1984/history","analysis":"/api/acts/pre-school-teachers-and-assistants-leave-act-1984/analysis","conflicts":"/api/acts/pre-school-teachers-and-assistants-leave-act-1984/conflicts","importantCases":"/api/acts/pre-school-teachers-and-assistants-leave-act-1984/important-cases","documents":"/api/acts/pre-school-teachers-and-assistants-leave-act-1984/documents"}}