Kindergarten Teachers, Head Teachers and Senior Teachers' Collective Agreement
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Part Four: Holidays and Leave Provisions
Kindergarten Teachers, Head Teachers and Senior Teachers' Collective Agreement
Effective: 12 July 2019 to 11 July 2022
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4.1 Public Holidays
- The following paid holidays shall apply to employees covered by this agreement: Christmas Day, Boxing Day, New Year's Day, the second day of January, Good Friday, Easter Monday, ANZAC Day, Labour Day, the birthday of the reigning Sovereign, Waitangi Day and the provincial anniversary day.
- Where an employee is required by their employer to work on a Public Holiday they shall be entitled to be paid in accordance with s.50 of the Holidays Act 2003(external link).
4.2 Annual Leave
- The overall objective of Part 4 of this agreement as it relates to Annual Holidays, together with 2.5, is to ensure that employees receive a full years’ salary for each full year of employment.
- In addition to public holidays, employees shall be entitled to six weeks paid annual holidays in respect of each completed year of service.
- Employees shall be entitled to one day's paid holiday to be taken between Christmas and New Year in addition to the annual leave entitlement.
- Subject to the specific provisions of this agreement, the provisions of the Holidays Act 2003(external link) shall apply.
- Employees agree to take their annual leave in advance of the entitlement falling due, except where there is agreement between the employer and employee to do otherwise.
- Employees shall take annual leave when the kindergarten is closed for instruction except where there is agreement between the employer and employee to do otherwise. Any annual leave unable to be taken when the kindergarten is closed for instruction shall be taken by agreement.
- Subject to the above: where agreement between the employer and employee cannot be reached, the employer may direct the employee to take annual holidays upon not less than 14 days notice; the employer shall not unreasonably withhold consent to an employee’s request to take annual holidays.
- Employees who are absent on leave without pay in excess of five working days in any 12 months preceding their annual leave anniversary date shall have deducted from the following period of annual leave, one half day's pay for every four day's leave without pay. Where the employee's annual leave has been exhausted, one half day's pay shall be deducted from their term break leave entitlement (see 2.5) for every four day's leave without pay. Provided that no deductions will be made for any days where employees are required to attend the kindergarten or elsewhere during a term break.
- For the purposes of calculating the entitlement to annual leave, professional time (which includes term breaks) or the entitlement to be paid when the kindergarten is closed for instruction pursuant to 2.5 of this agreement:
- in the case of a resignation, the termination date of the employee shall be the date that the employee nominates as being the last date that the employee will be available to attend the kindergarten or elsewhere to carry out duties and responsibilities connected with that employee's employment
- in the case of termination by the employer, the termination date of the employee shall be the date specified by the employer in the notice of termination in accordance with 2.12.
- Where an employee ceases employment before taking any annual leave, the employer shall pay to such employee a sum equivalent to 12 percent of their gross earnings for the period when no annual leave was taken.
- Where an employee's employment terminates on the last working day before a public holiday, the employee shall be entitled to be paid for the public holiday concerned.
- Where an employee ceases employment before taking the proportion of their full entitlement of annual leave for the period that they were employed, the employer shall pay to such employees upon termination, the balance of the proportion of annual leave outstanding at the date of termination.
- Where an employee ceases employment and has received an annual leave payment in excess of their entitlement, the employer shall not pursue any recovery action for that sum.
4.3 Sick Leave
Note: The following provisions are effective from 1 January 2018. The provisions outlined in Appendix C will apply until 31 December 2017.
- The following provisions shall be inclusive of and not in addition to the provisions of the Holidays Act 2003.
- From 1 January 2018 teachers employed full-time are entitled to nine days sick leave per annum.
- From 1 January 2018 teachers employed part-time are entitled to sick leave on a proportionately reduced basis provided the entitlement is not less than five days per annum.
- Discontinuous employment with the same employer may be recognised for sick leave purposes.
- Sick leave not used in the year in which it is granted may be accumulated for use in the subsequent years, to a maximum of 306 days.
- In exceptional circumstances the employer may grant sick leave with pay in anticipation of a future entitlement, provided that sick leave cannot be anticipated where doing so would mean that the teacher will not have at least five days sick leave entitlement available when their next entitlement falls due.
- Where the teacher has anticipated sick leave, the necessary adjustment will be made to the teacher's final pay should the teacher's employment be terminated before the next sick leave entitlement falls due, unless the employer determines otherwise.
- Short term relievers shall be entitled to the provisions of the Holidays Act 2003.
- Full-time teachers will have sick leave debited on the basis the working days absent i.e. Monday to Friday.
- Part-time teachers will have sick leave debited only for absence on the days normally worked.
- When sick leave of five days or more is taken, a medical certificate from a registered medical or dental practitioner must be produced at the teacher's expense if the employer so requires.
- Where the employer considers it warranted, the employer may require a teacher to produce a medical certificate or other evidence satisfactory to the employer when less than five days' sick leave is taken.
- Domestic Leave
The employer shall grant sick leave in accordance with this clause when the teacher is absent from work to attend a member of the teacher's family/whanau, who through illness, is dependent upon the teacher. Such leave shall be debited against the teacher's sick leave entitlement.
For the avoidance of doubt, the teacher's family / whanau shall include the teacher's spouse or partner, a dependent child or dependent parent of the teacher or of the teacher's spouse or partner or any relative or person who is demonstrated to have a dependency on the teacher.
- Change of Employer
Where a teacher commences employment with another Association, or where a teacher comes from employment with the Early Childhood Service of Te Aho o Te Kura Pounamu, the teacher shall be entitled to transfer up to a maximum of 106 days accumulated sick leave. An employer may agree to transfer accumulated sick leave in excess of this maxima at its discretion.
- Disregarded Sick Leave
Sick leave not exceeding an overall aggregate of two years may be granted by the employer in circumstances where an illness can be traced directly to the conditions or circumstances under which the teacher is working, or where an injury suffered by the teacher in the discharge of duties occurred through no fault of the teacher, and where payment has not been made by the Accident Rehabilitation and Compensation Insurance Corporation. Leave granted under this sub-clause will not be debited from the employee's sick leave entitlement.
4.4 Bereavement / Tangihanga Leave
- An employee shall be granted bereavement leave with pay to discharge their obligation and/or pay their respects to a deceased person with whom they have had a close association. Such obligations may exist because of blood or family ties or because of particular cultural requirements such as attendance at all or part of a Tangihanga (or its equivalent).
- In granting time off therefore, and for how long, the employer must administer these provisions in a culturally sensitive manner, taking into account the following points:
- the closeness of the association between the employee and the deceased. (Note: This association need not be a blood relationship);
- whether the employee has to take significant responsibility for any or all of the arrangements to do with the ceremonies resulting from the death;
- the amount of time needed to discharge properly any responsibilities or obligations;
- reasonable travelling time should be allowed, but for cases involving overseas travel that may not be the full period of travel;
- a decision must be made as quickly as possible so that the employee is given the 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 should be granted, but as a last resort.
- In operating provisions of 4.4.1 and 4.4.2 above, the employer shall recognise at least the minimum entitlements provided under statute.
4.5 Parental Provisions
Note 1: Attention is drawn to the Parental Leave and Employment Protection Act 1987 (PLEPA) (including partner’s leave). The provisions of the PLEPA apply to all employees. This includes entitlements for both partners to share the provisions of the PLEPA.
Note 2: The following additional provisions shall also apply:
- Parental Leave
- Both permanent employees and long-term relievers are entitled to parental leave without pay, and protection of employment. An employee who wishes to take parental leave must notify their employer pursuant to Section 31 of the PLEPA.
- An employee with 12 months’ or more service shall be entitled to up to 12 months' leave from the date of birth, and may be granted up to 12 months' additional leave at the discretion of the employer.
- An employee with less than 12 months' service shall be entitled to six months' leave and may be granted up to six months' additional leave at the discretion of the employer.
- In the case of adoption, whāngai or Home for Life placement of a child under the age of six years, references to “date of birth” in clause 4.5.1.a are instead to be read as “date of assuming responsibility for the child”. The requirement for notice under 4.5.1.a above and 4.5.1.c below does not apply, but leave is subject to satisfactory evidence.
- Leave may commence at any time during the pregnancy subject to the employee giving the employer one month's notice in writing, supported by a medical certificate. A shorter period of notice shall be accepted on the recommendation of a medical practitioner.
- The employee's position shall be held open for the duration of parental leave. If a relieving teacher is employed it will be a condition of the relieving appointment that it will be terminated by the employer concerned within one month from the date that the permanent incumbent is to return to work. Such date to be set in agreement with the employer. Advertised relieving vacancies will be tagged accordingly.
- Parental Grant
- Where a permanent employee or long term reliever takes primary carer leave under the PLEPA, and subsequently returns to work before or upon the expiry of their parental leave, that employee shall be paid at that time a parental grant as specified in 4.5.2.b. An employer may agree to pay the grant on departure for the leave or prior to return.
- The amount of the grant is calculated on the basis of six weeks’ full salary at the rate applicable to the employee in their last working week prior to the commencement of their parental leave. However, an employee who works less than full normal hours for a short period only, prior to taking leave, may have their case for full payment considered by the employer. When an employee is absent on leave for less than six weeks (30 working days), the full grant equivalent to six weeks’ salary is still payable. The parental grant is not reduced because salary is received.
Note: "Birth" means the birth of a child, whether live or still born, within the meaning of the Births, Deaths and Marriages Registration Act 1995.
4.6 Court Leave
- An employee shall be entitled to paid leave for court service, provided that the employer shall be entitled to receive payment of any juror or witness fee from the employee.
4.7 Special Purpose Leave
- The employer may grant leave with or without pay to a permanent full-time, permanent part-time or long-term relieving employee in accordance with the employer's leave policy. Such leave shall not be unreasonably withheld. In granting such leave, the employer may make provision for any necessary travelling time.
- Policy on special leave for family reasons shall recognise the following definition of family: The employee's spouse / partner, children, parents, or near relatives, which shall include grandparents, parents-in-law, sons-in-law and daughters-in-law, grandchildren, kaumatua, kuia, mokopuna, whāngai / foster child and matua whāngai / foster parent.
Note: Kaumatua / Kuia in the context of this provision means respected elder of the kin group or one who has close links with the kin group. The terms do not exist beyond those degrees of relationship.
4.8 Domestic Violence Leave
1. Leave as provided for by the Domestic Violence – Victims’ Protection Act 2018 is in addition to other leave allowances within this collective agreement.