Kaiarahi i te Reo, Therapists', ATSSD, Special Education Assistants' Collective Agreement
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Licensing Criteria Cover
Part 6: Holidays
Kaiarahi i te Reo, Therapists', ATSSD, Special Assistants' Collective Agreement
Effective 16 June 2017 to 15 July 2019
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6.1 Public Holidays and additional paid holidays
6.1.1 The Holidays Act 2003 shall apply except where otherwise provided.
- The following days shall be observed as public holidays and paid in accordance with the provisions set out below:
- Christmas Day
- Boxing Day
- New Year’s Day
- The day after New Year’s Day
- Waitangi Day
- Good Friday
- Easter Monday
- Anzac Day
- Sovereign’s Birthday
- Labour Day
- Anniversary Day (as observed in the locality concerned)
- In addition to the public holidays listed in clause 6.1.2(a), all staff shall be entitled to observe Easter Tuesday as an additional paid holiday. Therapists shall also be entitled to observe the day after Boxing Day as an additional paid holiday.
- Employees, for whom clause 6.3.7 below applies, shall no longer be entitled to an additional paid holiday on Easter Tuesday and, for therapists, the day after Boxing Day.
6.1.3 In the event of a public holiday falling on a Saturday or Sunday, in accordance with the Holidays Act 2003, such holiday shall be observed on the following Monday, and in the event of another holiday falling on that Monday then the whole holiday shall be observed on the succeeding Tuesday. For clarity this clause does not apply to paid additional holidays listed in clause 6.1.2 (b).
6.1.4 Other than as provided in 6.1.6 below, employees shall be paid for the public holidays listed in 6.1.2(a) and the additional paid holidays listed in clause 6.1.2(b) above on the basis of the hours they would normally work on the day of the week on which the public holiday or additional paid holiday is observed. For clarity, public holidays and additional paid holidays which are observed during a term break shall be paid provided that the employee:
- During term time normally works on the day of the week on which the public holiday is observed; and
- Is in continuous employment which extends beyond that term break.
6.1.5 An employee whose employment is terminated (including expiry of a fixed term agreement) but whose final date of work is notionally extended by any annual leave holiday entitlement (in accordance with s.40 of the Holidays Act 2003) to include a public holiday falling on a day normally worked (including during a term break), would receive the relevant daily pay for that day.
6.1.6 With regard to Christmas Day, Boxing Day, New Years Day and the day after New Year’s Day, these shall be paid public holidays for all employees who are employed within ten working days of the last day the school is open for instruction in an academic year. Provided that this shall also apply where the employee’s employment ceases due to termination of the delivery of the curriculum to a particular student or students and this occurs within one month prior to the last day the school is open for instruction in an academic year. Payment for these public holidays will be on the basis that the employee:
During term time normally works on the day of the week on which the public holiday is observed; and
Is in continuous employment which extends beyond the particular period during which the school is not open for instruction.
6.1.7 Except as provided under 6.1.4 and 6.1.5 above, it is not intended an employee specifically on leave without pay would be eligible for a paid public holiday. Provided that an employee who has applied for and been granted a period of leave without pay which spans a term break shall not be entitled to payment for any public holiday which is observed within that term break.
6.1.8 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.
- The following days shall be observed as public holidays and paid in accordance with the provisions set out below:
6.2 Service for Leave Purposes for Therapists
- Except as provided in 6.2.2 below above ‘Continuous service’ for leave purposes shall mean the aggregate of the employee’s employment with any state or state integrated school.
- ‘Continuous service’ shall not be broken by
- any period of leave with pay; or
- any period of approved leave without pay of up to 12 months; or
- a break in employment (including between employers) of less than 3 months.
- ‘Continuous service’ for a fixed term employee shall not be broken by
- a break of 20 consecutive working days or less between engagements; or
- any period when the school is closed for instruction; or
- absence on approved sick leave.
- For the purposes of leave aggregation under (a) above any break between engagements, or any period of leave without pay, in excess of 20 consecutive working days will interrupt but not break (except as provided under (b) or (c) above) service. Parental leave will, however, count as service as provided for under s43 of the Parental Leave and Employment Protection Act 1987.
6.2.2 All service or continuous service accumulated after 1 March 1995 shall be calculated on the basis set out in 6.2.1 above. Those employees who were party to the Support Staff in Schools Collective Employment Contract which applied prior to 1 March 1995 retain all service or continuous service which they had accumulated prior to 1 March 1995.
6.3 Annual Leave
6.3.1 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).
6.3.2 All employees are entitled, based on their current continuous service (as defined in clause 6.5) to the leave provisions contained in 6.3.5, 6.3.6 or 6.3.7. No employee shall be covered by more than one of these three clauses at any point in time.
6.3.3 For the purposes of annual leave, a ‘week’ of leave for an employee is based on his/her ordinary working week.
6.3.4 Holiday pay will be paid in the employees’ fortnightly cycle as per clause 3.6. An employee can elect the option of having his/her holiday pay paid as a lump sum prior to taking annual leave by giving his/her employer two weeks’ notice.
6.3.5 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 6.1.2.
- 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% of gross earnings for the period worked for that employer during that school year, 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.
6.3.6 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 (as defined in Part 6) in a state or integrated school employees shall for the sixth and subsequent years be entitled to accrue 4.6 weeks of annual leave in addition to public holidays and the additional paid holidays described in clause 6.1.2.
- 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% of gross earnings for the period worked for that employer during that school year, less any annual leave payment made in advance 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 6.3.6(a) and (b).
6.3.7 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 (as defined in Part 6) 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 in addition to public holidays and the additional paid holidays described in clause 6.1.2, subject to clause 6.3.7 (b) and (c) below.
- Employees entitled to five weeks annual leave under this clause, shall no longer be entitled to the day after Boxing Day (where provided for in the collective agreement) and Easter Tuesday as additional paid holidays (as outlined in clause 6.1.2 (b)). Notwithstanding clause 6.3.1, employees agree to take the day after Boxing Day and Easter Tuesday as paid annual leave days.
- Where the employee commences employment with an employer after the beginning of the school year the employer shall pay an amount equal to 10% 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 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 6.3.7(a) and (b).
6.4 Long Service Leave
6.4.1 On the completion of 20 years service special education assistants and therapists shall be granted 4 weeks long service leave with full pay. Such leave is to be taken within 5 years of the completion of 20 years service.
6.5 Sick Leave
6.5.1 Minimum entitlement
An employee who works for the employer for a period of more than six months, or who has service recognised for the purposes of sick leave which exceeds 6 months, shall be entitled to 5 days sick leave on full pay on account of sickness or injury, in each ensuing period of 12 months. Unused sick leave under this provision may be accumulated and used at a later date but the next year’s entitlement cannot be anticipated.
6.5.2 Additional entitlement (Table A)
In addition to the entitlement in 6.5.1, the following sick leave shall be granted:
Period of Service Additional Days for Each Period Up to three months 7 days Over three months and up to six months 7 days Over six months and up to nine months 7 days Over nine months and up to five years 5 days Over five years and up to ten years 19 days Over ten years and up to 20 years 14 days Over 20 years and up to 30 years 25 days Over 30 years 22 days
Unused sick leave granted under Table A can be accumulated and used at a later date. The employer may permit employees to anticipate part or all of their next sick leave entitlement under Table A.
6.5.3 Service for Sick Leave Purposes for Employees Other than Therapists
For the purposes of sick leave “service” means the aggregate of:
- all full-time employment with any state or integrated school;
- part-time employment with any state or integrated school counted on the basis that 80 hours equals one month’s service or 1000 hours equals one year’s service and so on except that where part-time teaching service consists of 20 or more class contact hours per week it shall be credited as full-time service.
The provisions of this clause regulate the application of paid sick leave under 6.5:
- Sick leave is to be debited on the basis of days of absence where absence is less than five consecutive working days on the basis of continuous days where the absence exceeds five consecutive working days.
- No deduction will be made for absences of less than two hours.
- An employee shall be granted, as a charge against the employee's sick leave entitlement, leave with pay if an employee’s spouse (or partner) or a person who depends on the employee for care, is sick or injured.
- When in excess of five days sick leave is taken a medical certificate from a registered medical or dental practitioner must be produced if the employer so requires.
- 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 this is not practical as early as possible after that time.
- Sick leave shall not be paid in respect of any public holiday for which the employee is entitled to full pay.
6.6 Bereavement/Tangihanga Leave
6.6.1 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 he/she has 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.
6.6.2 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; and
- 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 of the Holidays Act 2003.
Note 1: 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.
Note 2: 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 6.6.1) exist is one day.
6.6.3 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.
- 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 6.6.2 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.
6.6.5 Payment of bereavement leave will be an amount that is equivalent to the employee’s relevant daily pay for each day of bereavement taken by the employee that would otherwise be a working day for the employee.
6.7 Parental Leave
6.7.1 Parental leave shall be allowed in accordance with the requirements and provisions of the Parental Leave and Employment Protection Act 1987. The following provisions are by way of summary of the Act. Further details are available at http://employment.govt.nz/er/ or free phone 0800 20 90 20.
6.7.2 This Act provides that on written application an employee shall be entitled to unpaid parental leave provided that:
- the employee has worked for the same employer for 6 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.
6.7.3 Parental leave is:
- maternity leave of up to 18 weeks;
- special leave of up to 10 days;
- paternity leave of up to 2 weeks; and
- extended leave of up to 52 weeks.
6.7.4 The same leave provisions apply to parents adopting children of not more than 5 years of age.
6.7.5 Attention is drawn to the employment protection clauses of the Parental Leave and Employment Protection Act 1987.
6.7.6 The following provision applies to kaiarahi i te reo and ATSSD:
The employee's position shall be held open, subject to any redundancy situation arising at the school or the expiry of the employee's employment agreement, for the duration of the leave.
6.8 Maternity Grant
6.8.1 The following provisions apply to special education assistants. They also apply to any therapist previously employed under the NZ Support Staff in Schools Composite (Doc 2646) as at 30 August 1992:
- where an employee who is eligible for parental leave of 12 months returns to duty before or at the expiration of the leave and completes a further six months service, she qualifies for a payment equivalent to 30 working days leave on pay;
- an employee who is absent on parental leave for less than six weeks (30 working days) will receive that proportion of the payment provided in 6.8.1 (a) which her absence represents to 30 working days; and
- an employee who returns to work on a part-time basis qualifies for the payment provided in 6.8.1 (a) and (b) as appropriate at the end of six months service provided that she was previously employed on a full-time basis.
6.9 Re-entry After Absence Due to Childcare
6.9.1 An employee who resigns to care for pre-school children may apply to be re-employed by the employer from whose employment she/he resigned and be appointed to a vacancy with that employer under preferential provisions provided that:
- the absence does not exceed four years from the date of resignation or, five years from the date of cessation of duties to take up parental leave; and
- the applicant must:
- produce a birth certificate or the pre-school child;
- sign a statutory declaration indicating that absence has been due to the care of a pre-school child and paid employment has not been entered into for more than 15 hours per week during absence.
6.9.2 Where the applicant meets all the provisions of 6.9.1 above and, at the time of application:
- has the necessary skills to fill competently, a vacancy which is available; and
- the position is substantially the same in character and at the same or lower salary and grading as the position previously held,
then the applicant under these provisions is to be appointed in preference to any other applicant for the position.
6.9.3 Absence for childcare reasons will interrupt service but not break it. The period of absence will not count as service for the purposes of sick leave or annual leave or any other leave entitlement.
6.9.4 The period of preferential appointment expires 3 months after the period in 6.9.1(a).
6.10 Jury Service
6.10.1 The employer will grant leave with pay when an employee is required to serve on a jury provided that all fees for service are reimbursed to the employer.
6.11 Other Special Leave
6.11.1 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.
6.11.2 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.