126AIllness or absence of a qualified educator who is required to meet the relevant educator to child ratio

#### 126A Illness or absence of a qualified educator who is required to meet the relevant educator to child ratio 126A Illness or absence of a qualified educator who is required to meet the relevant educator to child ratio > > (1) This regulation applies if an educator referred to in regulation 126(1)(a) or (b) is absent from a centre-based service in any of the following circumstances— > > > > > (a) short-term illness; > > > > > (b) the educator’s resignation; > > > > > (c) a practicum placement required to be undertaken by the educator for an approved education and care qualification; > > > > > (d) leave. > > > (2) During the educator’s absence, for the purposes of regulation 126(1)(a) or (b), a person who holds a qualification in primary teaching may be taken to hold an approved diploma level education and care qualification or an approved certificate III level education and care qualification (as the case requires). > > > (3) An educator may be replaced in accordance with subregulations (1) and (2) for a maximum of 30 days in any 12 month period. > > > (4) For the purposes of subregulation (3), in relation to a part-time educator, 30 days is to be calculated on a pro rata basis. > > **Reg 126A:** Ins 2023 (165), reg 8.