Secondary Teachers' Collective Agreement

Appendix E: Leave Calculation

Secondary Teachers' Collective Agreement
Effective: 1 July 2019 to 30 June 2022

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1.1 Commencing and Finishing Dates

1.1.1 Leave commences on the first school day of absence and finishes on the last day of absence except as provided in 1.2 and 1.4 below. 

1.2 Leave at the Start of the School Year

1.2.1 In some years schools may recommence after the Christmas vacation on a date later than 28 January. Teachers who are prevented from attending school when the school recommences have leave debited only for the actual days of absence. However, applications for longer periods of leave should be granted with effect from 28 January. Teachers who do not commence duty until after the first school day (as opposed to those on approved special leave) are paid only from the day they actually commence duty. 

1.3 Weekends and Public Holidays

1.3.1 The methods of calculating leave are as follows:

1. When the period of absence does not exceed five consecutive school days in two weeks, the intervening Saturday and Sunday and any public holiday(s) do not count as leave. Example:
   1. A teacher absent Thursday to the following Wednesday, leave = five days.
   2. A teacher absent Tuesday before Easter to Wednesday after Easter (Easter period, five days intervene), leave = four days.
2. When the period of absence exceeds five consecutive school days, all intervening weekends and public holidays count as leave. For special provisions regarding sick leave see 1.5 below.
   Note: The provisions of (a) and (b) apply whether leave is with pay, without pay, a combination of both or a combination of different types of leave absence.

1.4 Vacations

1.4.1 Where leave without pay in excess of five consecutive school days ends on a Friday and a vacation commences on the following Monday the intervening weekend counts as leave without pay.

1.4.2 Term vacations do not count as leave except as specified in 1.2 above. Example:

1. A teacher absent Friday before vacation and Monday after vacation – the leave is two days;
2. A teacher absent Tuesday to Friday before vacation and Monday to Thursday after vacation – the leave is ten days as the weekend before the vacation is counted as leave.

1.5 Special Provisions for Sick Leave

1.5.1 As public holidays do not count as leave for sickness or injury, the following method of calculation is used:

1. Leave with pay – public holidays occurring during sick leave with pay ignored whether the leave exceeds five school days or not, but this exemption does not cover any intervening weekend. Example: A teacher absent from Tuesday before Easter until Friday inclusive after Easter – the leave is eight days as the weekend is counted as leave while Good Friday, the Monday and the Tuesday after Easter are holidays which are excluded from leave.
2. Leave without pay – the provision covering public holidays to periods of sick leave with pay has been extended to sick leave without pay as follows:
   1. Sick leave without pay does not exceed five consecutive school days in two weeks: The provisions of 1.3 above apply.
   2. All other sick leave without pay: The teacher does not receive salary for isolated days because they are public holidays.
   3. Holiday pay: Except as in (iv) below public holidays are not to be included when assessing the deductions from holiday pay on account of sick leave without pay; for example
      • A teacher absent for five weeks of term 4 (35 days).
      • No salary payable for those 35 days.
      • Deduction of public holiday (Labour Day) 1 day = 34 days.
      • 34 days x 0.3 = 10.2 days = 10 days.
   4. Where the period of absence is sufficient to cancel all holiday salary for the school year, public holidays do not establish a claim for some holiday pay. (There are eight days recognised as public holidays each year and these could create a claim for two days’ holiday pay.)