Adult and Community Education (ACE) Staff in Schools' Collective Agreement

4.1.1 The following days shall, in accordance with the Holidays Act 1981, be observed as public holidays: Christmas Day, Boxing Day, New Year’s Day, the day after New Year’s Day, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the birthday of the Reigning Sovereign, Labour Day and Provincial Anniversary Day.

4.1.2.1 If an employee does not work on a public holiday and the day would otherwise be a working day for the employee, the employer must pay the employee not less than the employee’s relevant daily pay for that day.

4.1.2.2 If it is unclear whether a day would otherwise be a working day for the employee, the employer and employee must take into account the factors in 4.1.2.3 below with a view to reaching agreement on the matter.

4.1.2.3 The factors are:

1. the employee’s employment agreement;
2. the employee’s work patterns;
3. any other relevant factors, including:
   1. whether the employee works for the employer only when work is available
   2. the employer’s rosters or other similar systems
   3. the reasonable expectation of the employer and the employee that the employee would work on the day concerned.

4.1.2.4 As provided under section 13 of the Holidays Act 2003(external link) if the employer and employee cannot agree as per 4.1.2.2 and 4.1.2.3 above on whether a specific day would otherwise be a working day the issue may be referred to a Labour Inspector for determination.

4.1.3 Where an employee is required to work on a public holiday they shall receive a minimum payment of time and a half for the time required to be worked on the day. Except as provided under the Holidays Act 2003, the employee shall also be entitled to an agreed alternative holiday.

4.2.1 The provisions of the Holidays Act 2003(external link) will apply in relation to annual leave.

4.2.2 Where an employee is either fixed term for less than 12 months or irregularly employed as per s28 of the Holidays Act 2003, the employer shall pay annual holiday pay with the employee’s pay unless otherwise agreed.  Holiday pay shall be 8% of gross earnings and paid as an identifiable component of the employee’s pay.

4.2.3 A permanent employee whose employment pattern does not fall under 4.2.2 above shall receive their annual leave entitlement during the end of year closedown except as otherwise agreed.  This shall be 8% in the employee’s first year of entitlement. Thereafter the entitlement shall be 4 week’s annual leave per annum.

Note: The parties would, in general terms, see tutors, liaison assistants and professional supervisors falling under 4.2.2 and non-teaching co-ordinators under 4.2.3.

4.3.1 The provisions of the Holidays Act(external link), in particular clauses 62-72 shall apply in relation to eligibility and entitlement to sick leave (including illness of a spouse or dependant) and bereavement leave. This shall not prevent the employer and employee agreeing to more generous provisions, particularly where the employee is a non-teaching co-ordinator.

[Note: The parties agree a permanent non-teaching co-ordinator working regular hours during the school year would meet the eligibility criteria under 4.3.2(a)(i) below on their 6 month anniversary date.]

[The following additional clarification is provided by the parties for the avoidance of doubt:

1. sick leave entitlement does not lapse at the end of each fixed term agreement, provided that there is an unbroken, continuous period of employment
2. if an employee is employed on such fixed term individual employment agreements, that employee’s sick leave entitlement shall begin from the day after that employee completes six months service in the position, even if this occurs during a subsequent fixed term individual employment agreement.]

4.3.2 In summary the Act provides the following:

1. Eligibility is dependant upon the employee either:
   1. having completed six months current continuous service with the employer; or
   2. where (i) does not apply, the employee has over a six month period worked for the employer an average ten hours per week and not less than one hour in every week and not less than 40 hours in every month during the six month period
2. Upon completing the eligibility criteria, an employee qualifying under (a)(i) will be eligible for sick and bereavement leave for the 12 month period following the six month period specified above and each subsequent 12 months of current continuous service. An employee qualifying under (a)(ii) above will only be eligible for subsequent 12 month periods if the eligibility criteria continues to apply.
3. Sick Leave entitlement (including the illness or injury of a spouse or dependant) is five paid days for each 12 month period, with scope to carry over unused sick leave to a maximum of 20 day’s current entitlement in any year. The employer may require proof of sickness or injury in certain circumstances.
4. Bereavement leave entitlement is three days on the death of the employee’s spouse (or partner), parent, child, brother, sister, grandparent, grandchild or spouse’s parent. In addition where an employer accepts an employee has suffered a bereavement outside the immediate family (as listed above), one day’s paid leave may be taken. Issues for the employer to take into account are closeness of associations or arrangements for the ceremonies or cultural responsibilities of the employee in relation to the death.
5. An employee intending to take sick or bereavement leave shall notify the employer as early as possible.  This should be before start time unless such notification is not practicable.

Parental leave shall be allowed in accordance with the requirements and provisions of the Parental Leave and Employment Protection Act 1987(external link) or any amendment or Act passed in substitution for this Act. Further information at info@mbie.govt.nz.

Family Violence Leave as provided for by the Holidays Act 2003 is in addition to other leave allowances within the collective agreement.