Kaiārahi i te Reo and Therapists' Collective Agreement
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Part 6: Holidays
Kaiārahi i te Reo and Therapists' Collective Agreement
Effective 20 June 2022 to 19 December 2024
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6.1 Public Holidays and additional paid holidays
6.1.1 The Holidays Act 2003(external link) shall apply except where otherwise provided.
- The days set out in s 44(1) of the Act shall be observed as public holidays and paid in accordance with the provisions set out below:
- Christmas Day
- Boxing Day
- New Year’s Day
- The day after New Year’s Day
- Waitangi Day
- Good Friday
- Easter Monday
- Anzac Day
- Sovereign’s Birthday
- Labour Day
- Anniversary Day (as observed in the locality concerned)
- In addition to the public holidays listed in clause 6.1.2(a), all staff shall be entitled to observe Easter Tuesday as an additional paid holiday. Therapists shall also be entitled to observe the day after Boxing Day as an additional paid holiday.
- Employees, for whom clause 6.3.7 below applies, shall no longer be entitled to an additional paid holiday on Easter Tuesday and, for therapists, the day after Boxing Day.
- The days set out in s 44(1) of the Act shall be observed as public holidays and paid in accordance with the provisions set out below:
6.1.3 In the event of a public holiday falling on a Saturday or Sunday, in accordance with the Holidays Act 2003, such holiday shall be observed on the following Monday, and in the event of another holiday falling on that Monday then the whole holiday shall be observed on the succeeding Tuesday. For clarity this clause does not apply to paid additional holidays listed in clause 6.1.2 (b).
6.1.4 Other than as provided in 6.1.6 below, employees shall be paid for the public holidays listed in 6.1.2(a) and the additional paid holidays listed in clause 6.1.2(b) above on the basis of the hours they would normally work on the day of the week on which the public holiday or additional paid holiday is observed. For clarity, public holidays and additional paid holidays which are observed during a term break shall be paid provided that the employee:
- During term time normally works on the day of the week on which the public holiday is observed; and
- Is in continuous employment which extends beyond that term break.
6.1.5 An employee whose employment is terminated (including expiry of a fixed term agreement) but whose final date of work is notionally extended by any annual leave holiday entitlement (in accordance with s.40 of the Holidays Act 2003) to include a public holiday falling on a day normally worked (including during a term break), would receive the relevant daily pay for that day.
6.1.6 With regard to Christmas Day, Boxing Day, New Years Day and the day after New Year’s Day, these shall be paid public holidays for all employees who are employed within ten working days of the last day the school is open for instruction in an academic year. Provided that this shall also apply where the employee’s employment ceases due to termination of the delivery of the curriculum to a particular student or students and this occurs within one month prior to the last day the school is open for instruction in an academic year. Payment for these public holidays will be on the basis that the employee:
During term time normally works on the day of the week on which the public holiday is observed; and
Is in continuous employment which extends beyond the particular period during which the school is not open for instruction.
6.1.7 Except as provided under 6.1.4 and 6.1.5 above, it is not intended an employee specifically on leave without pay would be eligible for a paid public holiday. Provided that an employee who has applied for and been granted a period of leave without pay which spans a term break shall not be entitled to payment for any public holiday which is observed within that term break.
6.1.8 An employee who is required to work on a public holiday shall be paid at the rate of time and one half of their relevant daily pay for all time worked and shall be entitled to a paid day in lieu to be taken at a subsequent mutually agreed date.
6.2 Service for Annual and Sick Leave Purposes
6.2.1 Service for annual and sick leave purposes is the aggregate of all full and part-time employment with any state or integrated school in any role covered by this Agreement or the Support Staff in Schools' Collective Agreement.
6.2.2 Parental leave will count as service as provided for under s 43 of the Parental Leave and Employment Protection Act 1987.
6.3 Annual Leave
6.3.1 All annual leave shall be taken at a time in which the school is officially closed for instruction (unless there is, or has been, agreement to do otherwise).
6.3.2 All employees are entitled, based on their service (as defined in clause 6.2) to the leave provisions contained in 6.3.5, 6.3.6 or 6.3.7. No employee shall be covered by more than one of these three clauses at any point in time.
6.3.3 For the purposes of annual leave, a ‘week’ of leave for an employee is based on their ordinary working week.
6.3.4 Holiday pay will be paid in the employees’ fortnightly cycle as per clause 3.6. An employee can elect the option of having their holiday pay paid as a lump sum prior to taking annual leave by giving their employer two weeks’ notice.
6.3.5 For all employees
- All employees shall be entitled to four weeks annual leave in addition to public holidays and additional paid holidays provided for in clause 6.1.2.
- Where the employee commences employment with an employer after the beginning of the school year the employer shall, in that first year, pay to the employee, when they take leave at the end of the school year, an amount equal to 8% of gross earnings for the period worked for that employer during that school year, less any annual leave payment made in advance by that employer.
- Where an employee’s employment terminates before the end of the school year annual leave shall be paid in accordance with the Holidays Act 2003.
6.3.6 For all employees who have completed five years current continuous service in a state or integrated school
- Upon completion of five years current continuous service (as defined in Part 6) in a state or integrated school employees shall for the sixth and subsequent years be entitled to accrue 4.6 weeks of annual leave in addition to public holidays and the additional paid holidays described in clause 6.1.2.
- Where the employee commences employment with an employer after the beginning of the school year the employer shall pay to the employee an amount equal to 9.2% of gross earnings for the period worked for that employer during that school year, less any annual leave payment made in advance by that employer.
- Where an employee’s employment is terminated before the end of the school year, annual leave shall be paid in accordance with the Holidays Act 2003, except that holiday pay shall be calculated on the basis of annual leave entitlements provided for in 6.3.6(a) and (b).
6.3.7 For all employees who have completed ten years current continuous service in a state or integrated school
- Upon completion of ten years current continuous service (as defined in Part 6) in a state or integrated school, each employee bound by this collective agreement shall for the eleventh and subsequent years be entitled to accrue five weeks annual leave in addition to public holidays and the additional paid holidays described in clause 6.1.2, subject to clause 6.3.7 (b) and (c) below.
- Employees entitled to five weeks annual leave under this clause, shall no longer be entitled to the day after Boxing Day (where provided for in the collective agreement) and Easter Tuesday as additional paid holidays (as outlined in clause 6.1.2 (b)). Notwithstanding clause 6.3.1, employees agree to take the day after Boxing Day and Easter Tuesday as paid annual leave days.
- Where the employee commences employment with an employer after the beginning of the school year the employer shall pay an amount equal to 10% of gross earnings for the period worked during that school year for that employer less any annual leave payment made in advance by that employer.
- Where an employee’s employment is terminated before the end of the school year annual leave shall be paid in accordance with the Holidays Act 2003, except that the holiday pay shall be calculated on the basis of annual leave entitlements provided for in clause 6.3.7(a) and (b).
6.4 Long Service Leave
6.4.1 On the completion of 20 years service therapists shall be granted 4 weeks long service leave with full pay. Such leave is to be taken within 5 years of the completion of 20 years service.
6.5 Sick Leave
This clause will cease to apply from the start of the 2023 school year - i.e., from 28 Jauary 2023 and be replaced by 6.5A
6.5.1 Minimum entitlement
An employee who works for the employer for a period of more than six months, or who has service recognised for the purposes of sick leave which exceeds 6 months, shall be entitled to 5 days sick leave on full pay on account of sickness or injury, in each ensuing period of 12 months. Unused sick leave under this provision may be accumulated and used at a later date but the next year’s entitlement cannot be anticipated.
6.5.2 Additional entitlement (Table A)
In addition to the entitlement in 6.5.1, the following sick leave shall be granted:
Period of Service Additional Days for Each Period Up to three months 7 days Over three months and up to six months 7 days Over six months and up to nine months 7 days Over nine months and up to five years 5 days Over five years and up to ten years 19 days Over ten years and up to 20 years 14 days Over 20 years and up to 30 years 25 days Over 30 years 22 days
Unused sick leave granted under Table A can be accumulated and used at a later date. The employer may permit employees to anticipate part or all of their next sick leave entitlement under Table A.
6.5.3 Service for Sick Leave Purposes for Employees Other than Therapists
For the purposes of sick leave “service” means the aggregate of:
- all full-time employment with any state or integrated school;
- part-time employment with any state or integrated school counted on the basis that 80 hours equals one month’s service or 1000 hours equals one year’s service and so on except that where part-time teaching service consists of 20 or more class contact hours per week it shall be credited as full-time service.
The provisions of this clause regulate the application of paid sick leave under 6.5:
- Sick leave is to be debited on the basis of days of absence where absence.
- No deduction will be made for absences of less than two hours.
- An employee shall be granted, as a charge against the employee's sick leave entitlement, leave with pay if an employee’s spouse (or partner) or a person who depends on the employee for care, is sick or injured.
- When in excess of five days sick leave is taken a medical certificate from a registered medical or dental practitioner must be produced if the employer so requires.
- The employee must inform the employer of the intention to take sick leave as early as possible before they are due to start work, or if this is not practical as early as possible after that time.
- Sick leave shall not be paid in respect of any public holiday for which the employee is entitled to full pay.
6.5A Sick Leave
6.5A.1 The following provisions will apply from the start of the 2023 school year, i.e. 28 January 2023, a full or part-time employee shall be entitled to sick leave on full pay on account of sickness or injury as follows:
Entitlement Accumulated entitlement Upon first appointment in a role covered by this Agreement 20 days 20 days 6 months service 10 days 30 days 12 months service 10 days 40 days 18 months service 10 days 50 days 24 months service 10 days 60 days 30 months service 10 days 70 days Each subsequent 12 months of completed continuous service 10 days +10 days
6.5A.2 Employees currently employed under this Agreement will translate to the applicable entitlement based on their accumulated sick leave service as at 28 January 2023, as set out in the table at Annexe 1 of this Agreement.
Employees previously employed under this Agreement who are subsequently employed in a role covered by this agreement after 28 January 2023, will translate to the applicable entitlement based on their accumulated sick leave service as at the date they ceased in their previous role, as set out in the table at Annexe 1 of this Agreement.
6.5A.3 The amount of sick leave available shall be the translated entitlement under Annexe 1 plus the accumulated entitlement set out in 6.5A.1 based on their continuous service (as defined in clause 6.2), less the aggregate total amount of paid sick leave the employee has taken.
- Sick leave is to be deducted for the days or half days of absence.
- Sick leave will not be deducted for an absence that is less than 25% of the hours normally worked on that day
- Where three or more days sick leave is taken a medical certificate from a registered health practitioner must be produced if the employer so requires.
- Sick leave shall not be deducted in respect of any public holiday for which the employee is entitled.
6.6 Bereavement/Tangihanga Leave
6.6.1 An employee shall be granted bereavement/tangihanga leave on pay to allow a reasonable opportunity for the employee to discharge his or her obligations and/or to pay his or her respects to a deceased person with whom he/she has had a close association. The entitlement to this leave extends to the death of any members of the employee's family, or person who, because of particular cultural requirements on the employee, they are obliged to attend to as a part of a tangihanga or its equivalent.
6.6.2 In exercising its discretion to grant this leave, and in fixing the length of leave, the employer must discharge its obligations in a culturally sensitive manner, taking into account the following:
- the closeness of the association between the employee and the deceased;
- the responsibilities of the employee for any or all of the arrangements for the ceremonies resulting from the death;
- the amount of time needed properly to discharge any responsibilities or obligations by an employee; and
- reasonable travelling time, provided that the employer need not take into account total travelling time where an employee must attend a funeral overseas.
However, any decision regarding the length of bereavement leave will be no less than the minimum amounts set out by s70 of the Holidays Act 2003.
Note 1: The minimum entitlement prescribed in the Holidays Act 2003 for a bereavement on the death of the employee’s spouse, parent, child (including by reason of miscarriage or still birth), brother or sister, grandparent, grandchild or spouse’s parent is three days’ paid leave.
Note 2: The minimum entitlement prescribed in the Holidays Act 2003 for a bereavement on the death of any other person where obligations (such as those in 6.6.1) exist is one day.
6.6.3 The employer’s decision on this leave and the length of such leave will be made as quickly as possible so that the employee is given maximum time possible to make any arrangements necessary. In most cases the necessary approval will be given immediately, but may be given retrospectively where necessary. If paid leave is not appropriate then leave without pay shall be granted, but as a last resort.
- Where an employee is absent on annual leave and a bereavement occurs the employer shall be notified and will determine the number of days of bereavement leave to be granted in accordance with 6.6.2 above. The days shall replace the annual leave.
- If bereavement leave is sought while an employee is absent on sick leave or any other leave with pay, the employer may agree to such leave being interrupted and bereavement leave being granted in its place.
- The above provisions will not apply if the employee is on leave without pay.
6.6.5 Payment of bereavement leave will be an amount that is equivalent to the employee’s relevant daily pay for each day of bereavement taken by the employee that would otherwise be a working day for the employee.
6.7 Parental Leave
6.7.1 Parental leave shall be allowed in accordance with the requirements and provisions of the Parental Leave and Employment Protection Act 1987. The following provisions are by way of summary of the Act. Further details are available at http://employment.govt.nz/leave-and-holidays/parental-leave/(external link) or free phone 0800 20 90 20.
6.7.2 This Act provides that on written application an employee shall be entitled to unpaid parental leave provided that:
- the employee has worked for the same employer for 6 months before the expected date of delivery or the date of adoption; and
- the employee has worked at least 10 hours per week during that period.
6.7.3 Parental leave is:
- parental carer leave of up to 26 weeks;
- special leave of up to 10 days;
- paternity leave of up to 2 weeks; and
- extended leave of up to 52 weeks.
6.7.4 The same leave provisions apply to parents adopting children of not more than 5 years of age.
6.7.5 Attention is drawn to the employment protection clauses of the Parental Leave and Employment Protection Act 1987.
6.7.6 A kaiārahi i te reo's position shall be held open, subject to any redundancy situation arising at the school or the expiry of the employee's employment agreement, for the duration of the leave.
6.8 Parental Grant (Therapists)
6.8.1 The following provisions apply to any therapist previously employed under the NZ Support Staff in Schools Composite (Doc 2646) as at 30 August 1992:
- where an employee who is the primary carer who is eligible for extended leave of 12 months returns to duty before or at the expiration of the leave and completes a further six months service, they qualify for a payment equivalent to 30 working days;
- an employee who is absent on primary carer leave for less than six weeks (30 working days) will receive that proportion of the payment provided in 6.8.1 (a) which their absence represents to 30 working days; and
- an employee who was absent on primary carer leave returns to work on a part-time basis qualifies for the payment provided in 6.8.1 (a) and (b) as appropriate at the end of six months service provided that they were previously employed on a full-time basis.
6.9 Re-entry After Absence Due to Childcare
6.9.1 An employee who resigns to care for pre-school children may apply to be re-employed by the employer from whose employment she/he resigned and be appointed to a vacancy with that employer under preferential provisions provided that:
- the absence does not exceed four years from the date of resignation or, five years from the date of cessation of duties to take up parental leave; and
- the applicant must:
- produce a birth certificate or the pre-school child;
- sign a statutory declaration indicating that absence has been due to the care of a pre-school child and paid employment has not been entered into for more than 15 hours per week during absence.
6.9.2 Where the applicant meets all the provisions of 6.9.1 above and, at the time of application:
- has the necessary skills to fill competently, a vacancy which is available; and
- the position is substantially the same in character and at the same or lower salary and grading as the position previously held,
then the applicant under these provisions is to be appointed in preference to any other applicant for the position.
6.9.3 Absence for childcare reasons will interrupt service but not break it. The period of absence will not count as service for the purposes of sick leave or annual leave or any other leave entitlement.
6.9.4 The period of preferential appointment expires 3 months after the period in 6.9.1(a).
6.10 Jury Service
6.10.1 The employer will grant leave with pay when an employee is required to serve on a jury provided that all fees for service are reimbursed to the employer.
6.11 Other Special Leave
6.11.1 The employer may, where there are special circumstances, grant discretionary leave with or without pay to any employee during periods when the school is officially open for instruction, provided that such leave does not unreasonably impinge upon the operational requirements of the school.
6.11.2 Before approving any discretionary leave, the employer shall ensure that the granting of such leave complies with any funding arrangements applying to the school in respect of such leave.
6.12 Family Violence Leave
6.12.1 Family Violence Leave as provided for by the Holidays Act 2003 is in addition to other leave allowances within the collective agreement.
6.13 Disregarded Sick Leave
6.13.1 Disregarded sick leave will be granted where the employer is satisfied that the employee has contracted a notifiable infectious disease listed in Part 1 of Schedule 1 of the Health Act 1956, and is either:
- complying with a written request or direction from a Medical Officer of Health to refrain from attending school for a specified period, or
- is otherwise prevented from attending work by a relevant Public Health Order.
6.13.2 The employee shall produce:
- medical certificate or other evidence of illness, as required by their employer, for absences exceeding two days; and
- evidence of the written request or direction from the Medical Officer of Health or a copy of the relevant Public Health Order.
6.13.3 The maximum number of days of sick leave that can be disregarded is the lesser of:
- The period specified by the Medical Officer of Health or the relevant Public Health Order; or
- The number of days of paid sick leave available to the employee on the day prior to the first day of the period specified by the Medical Officer of Health or Public Health Order.
6.13.4 Where paid sick leave has been deducted for any period subsequently granted as disregarded sick leave under clause 6.12.1 above, the sick leave will be reinstated.