Primary Teachers' Collective Agreement

4.1.1 Sick Leave Entitlement until 27 January 2024

Until 27 January 2024, all teachers are entitled to sick leave on pay on account of sickness or injury either under clause (a) and (b) or under clause (c) as follows:

1. A teacher who works for the employer for a period of more than six months, or has service recognised for the purposes of sick leave (as defined in clause 4.2.2) shall be entitled to 5 days sick leave on pay on account of sickness or injury, in each ensuing period of 12 months.
2. In addition to the entitlement in (a) above, teachers shall be granted additional entitlement as set out in the Table A below:
   
   TABLE A

   Period of Service	Additional Days for Each Period of Service
   Up to 3 months	7 days
   Over 3 months and up to 6 months	7 days
   Over 6 months and up to 9 months	7 days
   Over 9 months and up to 5 years	5 days
   Over 5 years and up to 10 years	19 days
   Over 10 years and up to 20 years	14 days
   Over 20 years and up to 30 years	25 days
   Over 30 years	22 days

3. A teacher who was employed by an employer immediately prior to 1 July 1992, who currently has their sick leave entitlement calculated under Table B below, will continue to receive entitlement on that basis up until 27 January 2024.
   
   TABLE B

   Length of Service	Aggregated Period for which Sick Leave on Pay may be Granted During Service
   0 to 3 months	7 days
   Over 3 months and up to 6 months	14 days
   Over 6 months and up to 9 months	31 days
   Over 9 months and up to 5 years	46 days
   Over 5 years and up to 10 years	92 days
   Over 10 years and up to 20 years	154 days
   Over 20 years and up to 30 years	229 days
   Over 30 years	306 days

4. In exceptional circumstances the employer may grant sick leave with pay in anticipation of future entitlements, provided that no extension may be granted beyond 106 days if their entitlement is granted under Table A or 306 days if their entitlement is granted under Table B. Before approving any such extension, the employer shall ensure that any extension complies with any funding arrangements applying to the school.

4.1.2 Sick leave Entitlement from 28 January 2024

1. From 28 January 2024 a teacher is entitled to sick leave on pay on account of sickness or injury based on the teacher’s aggregate employment as follows:
   

   	Entitlement	Accumulated Entitlement
   Upon first appointment to a teaching position in a state or state integrated school	20 days	20 days
   6 months aggregate employment	10 days	30 days
   12 months aggregate employment	10 days	40 days
   18 months aggregate employment	10 days	50 days
   24 months aggregate employment	10 days	60 days
   30 months aggregate employment	10 days	70 days
   Each subsequent 12 months of completed aggregate employment	10 days	+ 10 days

2. The amount of sick leave available shall be the teacher’s accumulated entitlement based on the teacher’s aggregate employment (as set out in the table above), less the total amount of paid sick leave the teacher has taken during their aggregate employment as a teacher.
3. Transitional provisions for teachers employed prior to 28 January 2024 are set out in Appendix 7.

Note: the parties agree to delete clause 4.1.1 from future collective agreements.

4.2.1 Aggregate Employment for Sick Leave Purposes

1. For the purposes of sick leave, “aggregate employment” means:
   
   1. all full and part-time employment as a teacher or principal in any state or state-integrated school;
   2. any employment recognised under clause [4.2.2a] below;
   3. all short-term relief worked in any state or state-integrated school on the basis that every 190 days or 950 hours equals one year of employment.
2. The amount of sick leave available to a teacher returning to the teaching service following a break in employment will be the balance that applied on their last day of employment plus any additional entitlement that may be credited under clause [4.2.2a] below. Any part-year employment completed prior to the break in service will be counted towards the timing of their next entitlement after return to service. Further entitlements will be granted when the teacher reaches the next entitlement threshold as outlined in clause [4.1.2a] above.

4.2.2 Recognition of additional employment for sick leave purposes

1. Upon first appointment to a teaching position in a state or state integrated school, or following a break in employment, the following employment outside of teaching service in state or state-integrated schools will be recognised for sick leave purposes:
   1. Employment as a teacher or principal in a New Zealand free kindergarten association, university, or polytechnic and/or employment as a teacher in Fiji, Cook Islands, Tonga, Samoa or Niue registered schools. For this purpose, permanent part-time employment and non-permanent employment that consists of employment for 20 hours or more per week will be recognised as full-time employment under this Agreement.  Non-permanent part-time employment of less than 20 hours per week will be credited as follows:
      • 80 hours are recognised as the equivalent of one month of employment under this Agreement, or
      • 1000 hours are recognised as the equivalent of one year of employment under this Agreement.
   2. Employment in the New Zealand Public Service and/or Armed Forces may be credited on such terms as the Secretary for Education may agree.
2. Any sick leave entitlement credited under clause 4.2.2a shall be reduced by the amount of sick leave taken during the applicable periods of employment.

4.2.3 Taking sick leave

1. A teacher, other than a short-term reliever, who has sick leave entitlement available under clause 4.1.1 or, from 28 January 2024, clause 4.1.2, can take sick leave on pay when they are absent because they are sick or injured or the teacher’s spouse, partner, or someone dependent on the teacher for care is sick or injured.
2. The employer may grant paid sick leave in advance from the teacher’s next annual entitlement i.e., up to 10 days, which will be deducted from their next entitlement.
3. Teachers will have sick leave deducted from their entitlement as follows:
   1. Sick leave is only deducted on days that the school is open for instruction, and on which the teacher would normally have worked.
   2. For full time teachers, sick leave will not be deducted for an absence that is less than two hours.
   3. For part time teachers, sick leave will not be deducted for an absence that is less than 25% of the hours normally worked on that day.

4.2.4 Sick leave for Short-Term Relievers

1. A short-term reliever who has accepted an offer of a period of short-term relief teaching and who cannot work on a day(s) during that period because they are sick or injured, or because their spouse, partner, or someone dependent on the short-term reliever for care is   sick or injured, is entitled to paid sick leave for the day or hours they would have worked, provided they have sick leave entitlement available under clause 4.1.1 (clause 4.1.2 from 28 January 2024).

4.2.5 Medical Evidence

1. While a medical certificate will not normally be required for leave within five consecutive days, where it is considered warranted, an employer may require a teacher to produce a medical certificate or other evidence of sickness or injury satisfactory to the employer. If so, the employer will agree to meet the employee’s reasonable expenses in obtaining the proof.
2. When more than five consecutive days sick leave is taken, the employer may require the teacher to provide a medical certificate from a registered health practitioner at the employee’s expense. If the teacher cannot obtain a medical certificate, other evidence of sickness or injury satisfactory to the employer may be provided.
3. When a period of sick leave exceeds 14 days the employer may require the teacher to:
   1. provide a medical certificate from a registered health practitioner stating the expected date the teacher will be able to return to work. The employer may require the teacher to provide further medical certificates should the sick leave continue beyond the expected date of return stated in this or subsequent medical certificates.
   2. obtain a second medical opinion from an independent registered health practitioner nominated by the employer and agreed to by the teacher provided that such agreement shall not be unreasonably withheld. The cost of a second medical opinion will be met by the employer.

4.2.6 Teachers temporarily working reduced hours on account of sickness

1. The employer may allow, at its discretion, a teacher who has been on sick leave to return to duty on a reduced hours basis if:
   1. the teacher’s doctor recommends and provides a medical clearance for the return to work, and
   2. there would be no staffing or timetabling problems for the school.
2. The daily hours the teacher does not work each week will be aggregated and deducted as sick leave as a proportion of the total hours they would usually work in that week.
3. Nothing in this clause shall be read as a limitation on the rights and obligations on employees and employers under Parts 6AA and 6AB of the Employment Relations Act (which deal with flexible working arrangements).

4.2.7 Absences due to an injury or accident covered by the Accident Compensation Corporation

1. When a teacher is absent on account of a work related injury by accident that is covered by the Accident Compensation Corporation, no sick leave will be deducted for the period of absence.
2. Subject to section 71(4) of the Holidays Act 2003, when a teacher is absent on account of a non-work related injury by accident covered by the Accident Compensation Corporation, the sick leave is deducted to make up the teacher’s normal remuneration (provided the teacher has a sick leave entitlement available) i.e. the payment of earnings related compensation plus the teacher’s sick leave (where leave is available) will equal the teacher’s normal remuneration.

4.3.1 Disregarded sick leave not exceeding an overall aggregate of two years shall be granted by the Secretary for Education where in the opinion of the Secretary one of the following conditions has been met:

1. 1. 1. The sickness can be traced directly to the conditions or circumstances under which the teacher is working; or
      2. The injury was suffered by the teacher in the discharge of duties through no fault of the teacher; and in circumstances where payment has not been made by the Accident Compensation Corporation; or
      3. The absence was due to war injury or to war service; or
      4. The teacher has contracted a notifiable disease listed in Part 1 of Schedule 1 of the Health Act 1956, and the teacher is either:
         (a)  complying with a written request or direction from Medical Officer of Health under the Health Act 1956 to refrain from attending school for a specified period; or
         (b)  is otherwise required by a relevant Public Health Order to refrain from attending school for a specified period; or
      5. The teacher has contracted hepatitis or tuberculosis, where the period of disregarded sick leave is the time that the teacher’s treating registered medical practitioner decides is necessary for the teacher to remain away from school.

4.3.2 Where sick leave has been deducted for any period granted as disregarded sick leave under clause 4.3.1 above, the sick leave will be reinstated.

4.3.3 Disregarded sick leave is additional to any period of absence on account of sickness or injury to which the teacher is entitled with full salary in accordance with the scales set out in clauses 4.1.1 or 4.1.2 above.

4.3.4 Fixed term or relieving teachers shall only be granted disregarded sick leave, as provided for in clause 4.3.1 above, where they have been in continuous employment before the date of application.

4.4.1 Holiday pay is not reduced for periods of sick leave with pay

4.4.2 When teachers have used their current sick leave entitlement holiday pay may be reduced for periods of sick leave without pay on the following conditions:

1. No deduction is to be made from the holiday pay of teachers for periods of sick leave without pay for periods not exceeding 90 calendar days in any one school year.
2. Where the total amount of sick/accident leave without pay is in excess of 90 calendar days the deduction is based on the period subsequent to the initial 90 calendar days. The initial 90 calendar days are unaffected.

4.4.3 Teachers with a current sick leave entitlement who apply to receive sick leave without pay will have holiday pay reduced in proportion to the unpaid leave taken and should be advised of this when notified of the approval of sick leave without pay.

4.4.4 Clause 4.4.2 above will apply to all fixed term or relieving teachers who have completed at least 90 calendar days continuous service.

Note: employees are encouraged to contact the Employment Relations Service on 0800 20 90 20 for more information on parental leave.

4.5.1 The provisions of the Parental Leave and Employment Protection Act 1987 shall apply, except in the case of superior provisions listed below.

4.5.2 The Act provides entitlements to prospective parents, including those adopting a child under the age of six years, who meet specific criteria, as set out in the Act. Those entitlements are:

1. Special leave (pregnancy–related) of up to 10 days;
2. Primary carer leave of up to 26 weeks;
3. Extended leave of up to 52 weeks;
4. Up to 26 weeks of parental leave payments.
5. Partner’s leave of up to two weeks;

4.5.3 In addition to an employee’s rights under this Act, the following shall apply:

1. Employees intending to resign because of pregnancy or the birth of a child must be advised of their right to take parental leave;
2. Primary carer leave may commence at any time during the pregnancy, subject to the employee giving the employer one months notice in writing supported by a medical certificate. A shorter period of notice will be accepted on the recommendation of a medical practitioner;
3. Any primary carer leave taken will not count against the extended leave entitlement;
4. An employee with less than 52 weeks’ service shall be entitled to 26 weeks leave from the date of birth and may be granted up to 26 weeks additional leave at the discretion of the employer.

4.5.4 Parental Grant

1. Subject to clauses 4.5.4(b)-(c) below, the parental grant is payable to an employee on production of a birth certificate or evidence of an approved adoption placement. This entitlement is payable if the employee-
   1. takes some (or all) primary carer leave (refer the Parental Leave and Employment Protection Act 1987), or
   2. resigns because of pregnancy or adoption.
2. The parental grant is not payable where an employee has not produced a medical certificate confirming pregnancy, or confirmation from the relevant government department of suitability as an adoptive parent, before commencing leave or resigning. No provision is made for payment of a parental grant in the case of a miscarriage.
3. Only one parental grant is payable per pregnancy and only one parental grant is payable per adoption. The limitation in this clause is intended to limit eligibility to the parental grant to one grant in the following circumstances-
   1. in cases of multiple births, or
   2. in cases where multiple children are adopted by the same primary carer simultaneously, or
   3. in cases where two teachers meet the requirements of paragraph (a) above because they are sharing primary carer leave, or
   4. in cases where a teacher has succeeded to part of another teacher’s entitlement to a parental leave payment and has accordingly become the primary carer (see Parental Leave and Employment Protection Act 1987, section 7), or
   5. in cases where a teacher has become the primary carer under s 7(b)(iii) of the Parental Leave and Employment Protection Act 1987 to the exclusion of the biological mother who is also a teacher.
4. The amount of the grant is calculated on the basis of six weeks full salary at the rate that would be applicable, at the date of birth (or placement in the case of adoption), to the position from which the employee was granted leave of absence or resigned as the case may be. However, an employee who works less than full normal hours for a short period only, prior to taking parental leave, may have their case for full payment considered by the employer. When an employee is absent on primary carer 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 being received.

Note: Employees on parental leave have access to the surplus staffing provisions of this Agreement.

4.6.1 An employer shall approve special bereavement/tangihanga leave on pay for an employee to discharge any obligation and/or to pay respects to a deceased person with whom the employee has 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.

4.6.2 In granting leave the following must be taken into account:

1. The closeness of the association between the employee and the deceased (Note: This association need not be a blood relationship);
2. Whether the employee has to take significant responsibility for any or all of the arrangements to do with the ceremonies resulting from the death;
3. The amount of time needed to discharge properly any responsibilities or obligations;
4. Reasonable travelling time should be allowed, but for cases involving overseas travel that may not be the full period of travel;
5. When an unveiling ceremony occurs on a school working day, leave on pay shall be granted.

4.7.1 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. 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. Leave may be granted for a variety of activities, including for example:

• Accident/illness of a family member*
• Attending education appointments/interviews
• Civil defence duties
• Court proceedings
• Cultural activities (domestic/overseas)
• Days of significance to Māori (e.g. Rātana Day)
• Disciplinary/grievance/dispute hearings
• Educational courses/conferences/examinations/hui
• Meetings of statutory authorities
• Outward bound courses
• Religious observances (e.g. Jewish New Year or Day of Atonement)
• Sporting activities.

The employer shall give favourable consideration to granting discretionary leave to an employee who is absent from work to attend to a dependant of the employee.

Note: A family member is: spouse, partner, child, sister, brother, parent, grandparent, grandchild, kaumatua, mokopuna, tamaiti whāngai, matua whāngai, near relative, near relative-in-law, a member of the household or a person dependent on the employee.

4.8.1 Any teacher who applies for and is awarded one of the 75 full-time equivalent Study Awards, available nationally each year to all primary teachers and principals, shall be granted leave on pay for the period of the study. The priorities for the awarding of the study awards shall be as determined by the Ministry of Education | Te Tāhuhu o te Mātauranga after consultation with the NZEI Te Riu Roa.

4.8.2 In allocating study awards the good employer requirements of sections 597 and 600 of the Education and Training Act 2020 shall be considered.

4.8.3 Up to five of the 75 awards may be available to teachers or principals who intend to undertake an agreed project of research in education.

Note: A teacher in receipt of the allowance for Kāhui Ako Teacher between-schools role shall not be eligible to take up a Study award. For clarity the teacher may apply for an award provided, if granted, the entitlement is not taken up until the conclusion of the fixed period of the appointment.

4.9.1 Full-time certificated teachers and part-time teachers employed for at least 0.8 FTTE per week, attested at the experienced teacher level against the professional standards in this Agreement, shall be entitled (subject to 4.9.2) to take unpaid refreshment leave of one school term after three years' service in the school or up to one school year after five years' service in the school. When a period of unpaid refreshment leave has been taken, a further period of qualifying service in the school, from the date of return from leave, is required before the teacher may be considered for further unpaid refreshment leave.

4.9.2 Entitlement to unpaid refreshment leave in clause 4.9.1 is subject to:

1. 1. The employer’s ability to find a suitable reliever to fill the vacancy created by the teacher taking the leave. A suitable reliever is a teacher who will be able, to the satisfaction of the employer, to relieve in the school during the period of the teacher’s leave. The employer shall use reasonable endeavours to find a suitable reliever. Reasonable endeavours in this context means accessing the usual pool of relievers, advertising locally if necessary, and does not mean advertising regionally or nationally, except as required in this Agreement to fill a vacancy of one year’s duration. It does not require the employer to place more than one advertisement; and
   2. The teacher not being subject to current competency or disciplinary processes at the time that leave is sought; and
   3. The maximum number of teachers who can be on unpaid refreshment leave at any one time in a school is calculated as follows:

      Number of Teachers in the School (Headcount)	Maximum Number of Teachers Who may be on Unpaid refreshment Leave at Any One Time
      Up to 7 teachers	1 teacher on leave
      8 to 15 teachers	2 teachers on leave
      16 to 21 teachers	3 teachers on leave
      22 or more teachers	4 teachers on leave

1. 4. Where more than the number of teachers provided for in 4.9.2(c) within a school apply for unpaid refreshment leave, the priority will be given to those with the greatest length of service in the school.
   5. A teacher receiving the allowance for a Kāhui Ako Teacher between-schools role may apply for refreshment leave provided the duration of the leave is not more than one term and that any application for leave has the support of both their employing board and the other boards in the Kāhui Ako.

4.9.3 Time off on unpaid refreshment leave will count as service for the purposes of salary increments, long service and severance calculations. It will not count for the purposes of sick leave or holiday pay calculations or for entitlement to public holidays.

4.9.4 Where a teacher on unpaid refreshment leave of greater than one term is due an annual increment during the period of their leave, they shall not require attestation for that increment where their last two attestations were satisfactory.

4.9.5 A teacher taking unpaid refreshment leave shall not accept employment as a teacher or principal in another state or state-integrated New Zealand school. However, a teacher may agree to undertake occasional day relief work.

4.10.1

1. 1. There will be 50 paid sabbaticals awarded annually.
   2. Each period of paid sabbatical leave will be of ten weeks' duration paid at the rate of the teacher’s normal pay.

4.10.2 Entitlement to the paid sabbatical leave is subject to the following provisos:

1. 1. A teacher must have completed service of at least five years as a teacher, three of which must have been spent in the New Zealand state and state-integrated sector to qualify for paid sabbatical leave;
   2. Application by the teacher identifying the purposes for which they would use the sabbatical and the likely benefits to the school or the sector more widely;
   3. Application by the teacher with the support of his/her principal and school board; and
   4. Paid sabbatical leave may be used for a wide range of purposes including research or study.

4.10.3 Operation of the paid sabbatical leave scheme

1. 1. The approval of a research proposal and the granting of paid sabbatical leave under this Agreement is done by a Sabbatical Award Group which is comprised of one nominee from each of the Ministry of Education | Te Tāhuhu o te Mātauranga, the NZEI Te Riu Roa, and NZSTA.
   2. The scheme will be transparent and use the selection criteria developed by the Ministry of Education | Te Tāhuhu o te Mātauranga, the NZEI Te Riu Roa and NZSTA, outlined in the Primary Teachers’ Paid Sabbatical Leave Scheme Guidelines.

4.10.4 Report and publication

1. 1. Upon completion of the paid sabbatical leave teachers will submit a report to the Sabbatical Award Group for publication. The report should outline the teachers’ experiences and what they have learnt through the paid sabbatical leave to be shared with other primary teachers, thus maximising the benefit to other primary teachers and schools promoting collaboration and sharing of innovation and effective practice and creating a body of research and information available to all primary teachers.

Note: A teacher in receipt of the allowance for a Kāhui Ako Teacher between-schools role may apply for a Sabbatical Leave award provided any application for the award has the support of both their employing board and the other boards in the Kāhui Ako.

Except where employees are pursuing their own interests or where answering charges against themselves, the employer will grant leave with pay when an employee is required by subpoena to attend court proceedings as a witness or to serve on a jury, provided that where fees are paid, these fees shall be repaid to the employer for repayment to the Public Account.

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