Kindergarten Teachers, Head Teachers and Senior Teachers' Collective Agreement

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Kindergarten Teachers, Head Teachers and Senior Teachers' Collective Agreement [PDF, 684 KB]

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Licensing Criteria Cover

Appendix B: Sick Leave

Kindergarten Teachers, Head Teachers and Senior Teachers' Collective Agreement
Effective: 12 July 2019 to 11 July 2022

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  • Beginning Teachers, Fully Certificated Teachers and Experienced Teachers
    • The following provisions shall be effective until 31 December 2017. From 1 January 2018 the sick leave entitlement for kindergarten teachers, head teachers and senior teachers shall be nine days per annum, as outlined in clause 4.3.

      1. Permanent full time, part time and long term relieving employees shall be entitled to paid sick leave in accordance with the provisions specified below. Transitional provisions applying to employees employed as at 17 February 1995 are specified in 4.3.12.
      2. Minimum Entitlement
        1. Except as provided for in 4.3.12, an employee who works for the employer for the period of more than six months shall be entitled to five days' paid sick leave in each ensuing 12 month period on account of illness or injury of the employee.
      3. Additional Entitlement
        1. Except as provided for in 4.3.12, in addition to the minimum entitlement specified in 4.3.2, the following sick leave shall be granted:
          Period of ServiceAdditional Days for Each Period

          1 day up to 1 year

          10
          Over 1 year up to 5 years 14
          Over 5 years up to 10 years 20
          Over 10 years up to 20 years 15
          Over 20 years up to 30 years 20
          Over 30 years 27
        2. In exceptional circumstances the employer may grant sick leave with pay in anticipation of future entitlements under 4.3.3.a. provided that no extension may be granted beyond 106 days. Where the employee has anticipated sick leave, the necessary adjustment will be made to the employee's final pay should the employee's employment be terminated before the next sick leave entitlement falls due, unless the employer determines otherwise.
      1. Any sick leave entitlement granted under 4.3.2 and 4.3.3, which is not used can be accumulated for subsequent use up to a maximum of 180 days, except that employees with an accumulated sick leave entitlement in excess of 180 days as at 17 February 1995 shall retain that entitlement.
      2.  
        1. Any sick leave entitlement shall be debited on the basis of working days of absence.
        2. Part time teachers will have sick leave debited only for days normally worked.
      3. Discontinuous service with the same employer may be recognised for sick leave purposes.
      4. When sick leave of five days or more is taken, a medical certificate from a registered medical or dental practitioner must be produced at the employee's expense if the employer so requires. Where it is considered warranted, the employer may require an employee to produce a medical certificate or other evidence satisfactory to the employer when less than five days' sick leave is taken.
      5. Disregarded Sick Leave
        1. Sick leave not exceeding an overall aggregate of two years may be granted by the employer in circumstances where an illness can be traced directly to the conditions or circumstances under which the employee is working, or where an injury suffered by the employee in the discharge of duties occurred through no fault of the employee, and where payment has not been made by the Accident Rehabilitation and Compensation Insurance Corporation. Leave granted under this sub clause will not be debited from the employee's sick leave entitlement.
      6. Service Recognition
        1. For the purposes of calculating additional entitlement to sick leave, the employer shall recognise service as a teacher in a licensed early childhood centre, as a senior teacher with a kindergarten association, service in a teaching capacity in the Early Childhood Service of Te Aho o Te Kura Pounamu, in a teaching capacity elsewhere in the education service, or as an officer in the state services as defined in the State Sector Act 1988, or in any amendment passed in substitution for that Act.
        2. For the purposes of calculating additional entitlement to sick leave, part time teaching service is assessed on the basis that eighty hours equals one-month's service or 1,000 equals one-year's service. Where part time service consists of 20 or more child contact hours per week it may be credited as full time service.
        3. Notwithstanding the above, employees who were employed as at 19 October 1992 shall continue to have all periods of service previously recognised for sick leave purposes credited for sick leave purposes.
      7. Change of Employer
        1. Where an employee commences employment with another kindergarten association, or where an employee comes from employment with the Early Childhood Service of Te Aho o Te Kura Pounamu, the employee shall be entitled to transfer 50 days accumulated sick leave, plus half of the additional accumulated sick leave between 50 and 100 days up to a maximum of 75 days.
        2. The employee's entry point into the table in 4.3.3 shall be on the basis of their previous recognised service as per 4.3.9.
        3. An employer may agree to transfer accumulated sick leave entitlements in excess of the amount specified in 4.3.10.a.
      8. Domestic Leave
        1. The employer shall grant sick leave in accordance with this clause when the employee is absent from work to attend a member of the employee's family/whanau, who through illness, is dependent upon the employee. Such leave shall be debited against the employee's entitlement under either 4.3.2 or 4.3.3. For the avoidance of doubt, the employee's family / whanau shall include the employee's spouse or partner, a dependent child or dependent parent of the employee or of the employee's spouse or partner or any relative or person who is demonstrated to have a dependency on the employee.
      9. Transitional Provisions
        1. Employees employed as at 19 October 1992 are not entitled to an additional allocation of days under 4.3.3 until they move into the next period of service under that sub-clause. Such employees shall not be entitled to the minimum of five days sick leave specified in 4.3.2 until they are eligible to move into the next entitlement period under 4.3.3 unless they have exhausted their sick leave entitlement. Those employees who exhaust their sick leave entitlement or who transfer with fewer than five days sick leave shall be granted sick leave in accordance with the provisions of the Holidays Act 2003 until they move into their next period of service under 4.3.3.
      10. These provisions shall be inclusive of and not in addition to the provisions of the Holidays Act 2003.
        Note: For short term relievers the sick leave provisions of the Holidays Act 2003 shall apply.