Community Education Collective Agreement
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Part Four: Leave
Community Education Collective Agreement
Effective: 1 December 2022 to 28 February 2025
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4.1 Public Holidays
[Note: Except as provided in clause 3.2.2, a Teaching Coordinator’s provisions in relation to leave are contained within the appropriate teachers’ collective agreement.]
4.1.1 The following days shall, in accordance with the Holidays Act 2003, 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, Matariki, Labour Day and a Provincial Anniversary Day.
126.96.36.199 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.
188.8.131.52 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 184.108.40.206 below with a view to reaching agreement on the matter.
220.127.116.11 The factors are:
- the employee’s employment agreement;
- the employee’s work patterns;
- any other relevant factors, including:
- whether the employee works for the employer only when work is available
- the employer’s rosters or other similar systems
- the reasonable expectation of the employer and the employee that the employee would work on the day concerned.
18.104.22.168 As provided under section 13 of the Holidays Act 2003(external link) if the employer and employee cannot agree as per 22.214.171.124 and 126.96.36.199 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 Annual Leave and Holiday Pay
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 section 28 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 coordinators under 4.2.3.
4.3 Sick leave and bereavement leave for permanent and fixed-term employees
4.3.1 An employee who has completed six months of continuous employment with the employer is entitled to the sick leave and bereavement provisions, set out in clause 4.3.2 through 4.3.9. The employer may agree to more generous provisions.
4.3.2 After 6 months continuous employment, the employee will be entitled to 10 days paid sick leave in each subsequent 12 months of employment.
4.3.3 Unused sick leave can be accumulated, up to a maximum of 20 days.
4.3.4 A fixed-term employee, whose break in fixed-term employment with the same employer is less than three months, will have their employment considered to be continuous for the purposes of clause 4.3.2.
4.3.5 Sick leave can be taken where the employee is sick or injured, or where the employee’s partner or dependent is sick or injured.
4.3.6 The employee must advise their employer as soon as practicable from the time they are aware that sick leave will be taken.
4.3.7 Notice to employer
An employee who intends to take bereavement leave will inform their manager, as soon as they can, of their relationship to the person who has died, and the dates they intend to be away from work.
4.3.8 Close relationships
An employee is entitled to three days paid bereavement leave in relation to the death of the employee’s parent, grandparent, sibling, child (including miscarriage or stillbirth), grandchild, partner, or parent of the employee’s partner.
4.3.9 Other persons
An employee will receive one day paid bereavement leave if the employer accepts that the employee has suffered bereavement through the death of a person who is not a close relative.
The employer must consider the closeness of association (which does not have to be a blood-relationship), whether the employee has significant responsibilities for arrangements for the ceremonies, and/or the cultural responsibilities of the employee in relation to the death.
The employer will make a decision quickly, so the employee has as much time as possible to make necessary arrangements.
4.4 Sick Leave and Bereavement Leave for Casual Employees
4.4.1 If the employee works for the employer an average of at least 10 hours a week during a six-month period, and no less than one hour in every week, or 40 hours per month during that period, the employee will become entitled, in any ensuing 12-month period of employment, to sick and bereavement leave as outlined in clause 4.3. Any such leave will be paid in accordance with the Holidays Act 2003.
Note: For the purpose of 4.4 a casual employee works on an irregular basis, as and when required, and with no expectation of ongoing employment.
4.5 Parental Leave
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 email@example.com.
4.6 Family Violence Leave
Family Violence Leave as provided for by the Holidays Act 2003 is in addition to other leave allowances within the collective agreement.