School Caretakers', Cleaners' and Canteen Staff Collective Agreement
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Licensing Criteria Cover
Part 5: Leave Provisions: General
School Caretakers', Cleaners' and Canteen Staff Collective Agreement
Effective 11 December 2019 to 11 February 2022
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Note: Except as otherwise provided, conditions in Parts 4-7 following are applicable to all workers who are bound by this Agreement.
5.1 Sick Leave
5.1.1 An employee is entitled to 7 days’ sick leave for each year of service, except that an employee working less than 5 days per week is entitled to only 5 days sick leave per year.
5.1.2 Sick leave is to be paid in respect of the actual working days but excluding any public holiday.
5.1.3 Unused sick leave shall be accumulated. It may not be anticipated except where the employer and employee agree.
5.1.4 An employee shall produce a medical certificate or other evidence of illness if required to do so by the employer for absences exceeding two days.
5.1.5 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 not practical, as early as this is possible after that time.
5.2 Domestic Leave
5.2.1 Where an employee has an unused sick leave entitlement paid leave of up to five working days in any one year may be granted to an employee who finds it essential to remain at home where the employee’s spouse, or a person who depends on the employee for care, is sick or injured.
5.2.2 Domestic leave is to be treated as though it were due to the employee's own sickness and set off against the employee's own sick leave entitlement. Its application in relation to notice and evidence of illness shall be consistent with 5.1.4 and 5.1.5 above.
5.3 Bereavement Leave
5.3.1 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 they have 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, he or she is obliged to attend to as a part of a tangihanga or its equivalent.
5.3.2 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
- 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 Holidays Act 2003.
I. The minimum entitlement prescribed in the Holidays Act 2003 for a bereavement on the death of the employee’s spouse, parent, child, brother or sister, grandparent, grandchild or spouse’s parent is three days’ paid leave.
II. 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 clause 5.3.1 or 5.3.2 exist is one day.
5.3.3 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.
5.3.4 Bereavement while absent on leave
- 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 clause 5.3.2 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.
5.3.5 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.
5.3.1 An employee may take paid bereavement leave of up to three days on the death of the employee's parent, spouse, child, brother, sister, spouse’s parent, grandparent or grandchild.
5.3.2 An employer may in addition to the above entitlement, approve leave for an employee to discharge any obligations and/or to pay respects to a deceased person with whom the worker has had a close association. Such obligations may exist because of blood or family ties or because of a particular cultural and/or religious requirement that the employee seeks to be involved in for the whole or part of the ceremonies to be undertaken. The length of time off and the payment or non-payment for the time off shall be at the discretion of the employer.
5.4 Public Holidays
5.4.1 The Holidays Act 2003 and its subsequent amendments shall apply except where otherwise provided.
5.4.2 The following days shall be observed as public holidays and paid in accordance with the provisions of the Holidays Act 2003: New Year's Day, 2 January, Waitangi Day, Good Friday, Easter Monday, ANZAC Day, Anniversary Day (or another day in lieu thereof), the birthday of the reigning Sovereign, Labour Day, Christmas Day and Boxing Day.
5.4.3 Subject to clause 5.5.6(a) below, employees shall also be entitled to a paid day off on Easter Tuesday (if it is an otherwise working day for that employee) and the day will be treated as if it were a public holiday.
5.4.4 If the 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.
5.4.5 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.
5.4.6 Should any of the statutory holidays mentioned in subclause 5.4.2 fall on a Saturday or a Sunday, such holidays shall be observed as provided for under Section 45 and 45A of the Holidays Act 2003.
5.5 Annual Leave
5.5.1 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). A school must allow an employee to take annual leave in the year it falls due. Employees with unused annual leave carried over from a previous year or years will discuss a leave plan with their employer.
5.5.2 All employees are entitled, based on their current continuous service in the state or integrated education service and the commencement dates contained in the clauses’ titles, to the leave provisions contained in 5.5.4, 5.5.5 or 5.5.6. No employee shall be covered by more than one of these three clauses at any point in time.
5.5.3 For the purposes of annual leave, a ‘week’ of leave for an employee is based on his/her ordinary working week.
5.5.4 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 5.4
- 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 percent 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 terminates before the end of the school year annual leave shall be paid in accordance with the Holidays Act 2003.
5.5.5 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 in a state or integrated school, employees shall, for the sixth and subsequent years, be entitled accrue 4.6 weeks of annual leave in addition to public holidays and the additional paid holidays described in clause 5.4.
- 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 percent of gross earnings for the period worked during that school year for that employer, less any annual leave payment made 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 5.5.5(a) and (b).
5.5.6 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 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. Employees entitled to five weeks annual leave under this clause, shall no longer be entitled to Easter Tuesday as an additional paid holiday (as outlined in clause 5.4.3). Notwithstanding clause 5.5.1, employees agree to take Easter Tuesday as paid annual leave.
- Where the employee commences employment with an employer after the beginning of the school year the employer shall pay an amount equal to 10 percent of gross earnings for the period worked during that school year for that employer, less any annual leave payment made 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 5.5.6 (a) and (b).
5.6 Special Holidays for Long Service
5.6.1 A worker shall be entitled to special holidays as follows:
- one special holiday of two weeks after the completion of 15 years and before the completion of 25 years of continuous service within the state education service.
- one special holiday of three weeks after the completion of 25 years and before the completion of 35 years of continuous service within the state education service.
- one special holiday of five weeks after the completion of 35 years' continuous service within the state education service.
5.6.2 Should a worker have completed 25 years of continuous service within the state education service prior to the date of this Agreement, he/she shall not be entitled to the special holiday provided for in paragraph (i) of subclause 5.6.1. Should a worker have completed 35 years of continuous service within the state education service prior to the effective date of this Agreement, he/she shall not be entitled to the special holiday provided for in paragraphs (i) and (ii) of subclause 5.6.1.
5.6.3 All such special holidays provided for in 5.6.1 shall be on ordinary weekly pay as defined by the Holidays Act 2003, and may be taken in one or more periods and at such time or times as may be agreed by the employer and the worker.
5.6.4 If a worker, having become entitled to a special holiday, leaves his/her employment before such holiday has been taken, he/she shall be paid in lieu thereof.
5.6.5 The provisions of this clause shall not apply where an employer has in operation, or brings into operation, an alternative scheme for rewarding service which is not less favourable to the worker than the foregoing.
5.7 Jury Service
Paid leave shall be granted to a worker required to perform jury service subject to the worker paying to the employer all his/her jury service remuneration.
5.9 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.
Note: employees are encouraged to discuss with their employer what is available if they are affected by family violence. Further information is available on the Employment New Zealand website: https://www.employment.govt.nz/leave-and-holidays/domestic-violence-leave/rights-and-responsibilities/.