Te Aho o Te Kura Pounamu Specialist and Support Staff Collective Agreement
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Part 5: Leave
Te Aho o Te Kura Pounamu Specialist and Support Staff Collective Agreement
Effective from 1 December 2022 to 1 December 2024
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5.1 Public Holidays
The Holidays Act 2003(external link) shall apply except where otherwise provided.
5.1.1 The following days shall be observed as public holidays and paid in accordance with the provisions set out below:
New Year's Day
The day after New Year's Day
Anniversary Day as observed in the locality concerned
In addition, Easter Tuesday and the three working days between Christmas and New Year shall be granted as Board Holidays.
5.1.2 In the event of a public holiday or a Board holiday falling on a Saturday or a Sunday, such holiday shall be observed on the following Monday, and in the event of another holiday falling on such Monday then the whole holiday shall be observed on the succeeding Tuesday.
5.1.3 Employees shall be paid for the public holidays listed in 5.1.1 above on the basis of the hours they would normally work on the day of the week on which the public holiday is observed. For the avoidance of doubt: if an employee would not normally work on a day in which a public holiday falls that employee is not entitled to be paid for that public holiday.
5.1.4 An employee whose employment is terminated (including expiry of a fixed term agreement) but whose final day of work is notionally extended by any annual leave holiday entitlement (in accordance with s40 of the Holidays Act 2003) to include a public holiday falling on a day normally worked would receive the relevant daily pay for that day.
5.1.5 Except as provided in 5.1.3 and 5.1.4 above, it is not intended that an employee specifically on leave without pay would be eligible for a paid public holiday.
5.1.6 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. If the public holiday the employee works on is a day that would otherwise be a working day for the employee, the employee shall be entitled to a paid alternative holiday to be taken at a subsequent mutually agreed date.
5.2 Annual Leave
5.2.1 The employee shall be entitled to 4 weeks paid leave for the purposes of annual leave in addition to public and Board holidays. Such leave shall be taken at any time during the year but subject to the employer's operational requirements.
5.2.2 For those employees employed under Part 4C all annual leave shall be taken at a time in which the school is officially closed for instruction during term breaks (unless there is, or has been, agreement by the employer to do otherwise).
5.2.3 Employees engaged on a part time basis for less than 52 weeks of the year are entitled to the equivalent of four weeks’ annual leave. Payment for the leave entitlement is to be made in accordance with the Holidays Act and at the commencement of the Christmas break.
5.2.4 Where an employee’s employment is terminated before the end of the leave year annual leave shall be paid in accordance with the Holidays Act 2003(external link).
5.3 Sick Leave
5.3.1 Employees shall be entitled to ten working days sick leave per annum. That full annual sick leave entitlement shall be prorated for fixed term employees engaged for less than 6 months according to the length of their term of employment e.g. entitlement of an employee engaged for three months fixed term is 2.5 days, provided that their entitlement shall not be less than that contained in the Holidays Act 2003. Employees shall be entitled to anticipate up to five days of their next entitlement.
5.3.2 Sick leave may be accumulated to a maximum of 150 days for use in subsequent years, if not used in the year in which it is granted.
5.3.3 Employees who at the date of settlement of the 2010 collective agreement (19 March 2010) had accumulated sick leave in excess of 150 days shall have the accumulation grandparented. For clarity:
- the accumulated balance will reduce if the employee’s use of sick leave exceeds the annual entitlement in any given leave year, and
- the accumulated balance shall not increase beyond 150 days should the employee use less than the annual sick leave entitlement in any given leave year.
5.3.4 The production of a medical certificate from a registered medical or dental practitioner or other evidence of their illness may be required for absences exceeding 5 working days.
5.4 Domestic Leave
5.4.1 The employer shall grant an employee leave on pay as a charge against their sick leave entitlement when the employee is absent from work to attend to a person dependent on the employee.
5.4.2 Employees working part time shall be entitled also to take that time off is granted to attend to a dependent who is sick.
5.4.3 The production of a medical certificate from a registered health practitioner or other evidence of their illness may be required.
5.4.4 Employees are referred to the Parental Leave clause should they wish to take leave in the event of the birth or adoption of a child by an employee or an employee's partner. Domestic leave is not to be used.
5.5 Parental Leave
5.5.1 Parental leave shall be allowed in accordance with the requirements and provisions of the Parental Leave and Employment Protection Act 1987 (PLEPA).
5.5.2 The PLEPA provides that on written application an employee shall be entitled to unpaid parental leave provided that:
- The employee has worked for the employer for the immediately preceding six 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.
5.5.3 Parental Leave is:
- Paid parental leave of up to 26 weeks;
- Special leave of up to 10 days;
- Partners leave of up to 2 weeks; and
- Extended leave of up to 52 weeks.
5.5.4 When a staffing surplus is declared involving a position that is usually occupied by an employee who is on parental leave, then the deployment provisions that would apply to other staff members who are part of the same surplus will apply.
5.5.5 An employee on parental leave must be notified if their position is to be disestablished as a result of surplus staffing and will be consulted as if they were still working.
5.5.6 On returning from parental leave the employee is entitled to resume work in the same or similar position to the one they occupied at the time of commencing parental leave.
5.6 Bereavement/Tangihanga Leave
5.6.1 An employee shall be granted bereavement/tangihanga leave on full pay to allow a reasonable opportunity for the employee to discharge their obligations and/or to pay their 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, is obliged to attend to as a part of a tangihanga or its equivalent.
5.6.2 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
- 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.
- The minimum entitlement prescribed in the Holidays Act 2003 for a bereavement on the death of the employee’s spouse, parent, child (including by miscarriage or stillbirth), brother or sister, grandparent, grandchild or spouse’s parent is three days’ paid leave.
- 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 5.6.1 exist is one day.
5.6.3 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, and not where it undermines the entitlements to paid leave outlined in Notes (i) and (ii).
5.6.4 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 5.6.2 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.
5.6.5 Payment of bereavement leave will be an amount that is equivalent to the employee’s relevant daily pay for each day of bereavement.
5.7 Professional Development
5.7.1 The parties agree that ongoing professional development is an important component of the provision of quality support services within schools. Further the parties acknowledge that the provision of quality support services is aided by appropriately qualified staff.
5.7.2 Both the employer and employee are responsible for discussing and identifying appropriate professional development opportunities. This should occur on at least a 12 monthly basis and where possible be linked to the annual appraisal process.
5.7.3 Subject to 5.7.6, the employer may require an employee covered by this agreement to attend professional development opportunities for up to five days in each calendar year. The identification of such opportunities is likely to arise from the process referred to in 5.7.2.
5.7.4 The most appropriate opportunities may be within or outside of the employee’s normal working hours. When considering such opportunities, the employer will give every reasonable regard to the employee’s external responsibilities and commitments.
5.7.5 Where the employee considers that they are not being provided with an appropriate professional development opportunity through the process referred to in 5.7.2, the employee may apply to the Chief Executive or their delegate to have their attendance at a particular course approved and reimbursed in accordance with this clause. Such approval will be at the discretion of the Chief Executive or their delegate based on the principles expressed in this clause (5.7).
5.7.6 Where professional development occurs outside of work hours or on a day not normally worked, the employee shall receive full pay for the time spent at the course, including reasonable travelling time, for a maximum of eight hours per day. In addition the course costs and reasonable expenses shall be met by the employer. A minimum of four week’s notice of any such course will be given to the employee.
5.7.7 Where professional development occurs on a day or days the employee would normally work, the employee will be entitled to have course costs and reasonable expenses paid by the employer in addition to normal wages for the day. Where the course length, including reasonable travelling time, exceeds the hours normally worked on the day, those additional hours shall also be on full pay to a maximum of eight.
5.7.8 Where the employer requires the employee to use their own vehicle reasonable expenses shall be as per 6.1. The applicable rate for mileage payments is as per the Inland Revenue guidelines.
5.7.9 The overtime provisions in this agreement shall not apply to the time spent on professional development.
5.8 Employment Relations Education Leave
Employment Relations Education Leave will be granted in accordance with Part 7 of the Employment Relations Act 2000(external link).
5.9 Other Leave
The employer may, at its discretion, grant an employee special leave with or without pay on such terms and conditions as it may approve. Examples of the type of leave are: study leave and jury service.
5.10 Family Violence Leave
5.10.1 Family Violence Leave as provided for by the Holidays Act 2003 is in addition to other leave allowances within the collective agreement.
5.10.2 More information about Family Violence Leave can be found on Te Kura’s Policy Framework home page and at www.employment.govt.nz(external link)
5.11 Disregarded Sick Leave
5.11.1 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:
a. complying with a written request or direction from a Medical Officer of Health to refrain from attending work for a specified period, or
b. is otherwise prevented from attending work by a relevant Public Health Order or a similar type of legislation.
5.11.2 The employee shall produce:
a. medical certificate or other evidence of illness, as required by their employer, for absences exceeding two days; and
b. evidence of the written request or direction from the Medical Officer of Health or a copy of the relevant Public Health Order.
5.11.3 The maximum number of days of sick leave that can be disregarded is the lesser of:
a. The period specified by the Medical Officer of Health or the relevant Public Health Order; or
b. 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.
5.11.4 Where paid sick leave has been deducted for any period subsequently granted as disregarded sick leave under clause 5.11.1 above, the sick leave will be reinstated.