Area School Principals' Collective Agreement
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Licensing Criteria Cover
Part 5: Leave
Area School Principals' Collective Agreement
Effective: 6 September 2019 to 5 September 2022
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5.1 Leave Entitlement
5.1.2 During any period when the school is closed for instruction the Board may require the Principal, either generally or in respect of any specific matter, to:
- Undertake duties or responsibilities required during that period for the proper management of the school; or
- Attend at the school or elsewhere for other purposes connected with the Principal’s employment.
The Board will however endeavour to arrange matters at the school in such a way that any requirement that the Principal undertake duties or attend at the school when the school is officially closed for instruction is not unreasonable.
5.2 Sick Leave
Except where otherwise specifically stated the following conditions apply to all Principals.
- A Principal who is granted leave due to sickness or injury not arising out of or in the course of the Principal’s employment shall be entitled to sick leave on pay for a period or periods not exceeding the amounts set out in the table below.
Length of service Aggregated sick leave entitlement Up to 3 months 7 days Over 3 months and up to 6 months 14 days Over 6 months and up to 9 months 31 days Over 9 months and up to 5 years 46 days Over 5 years and up to 10 years 92 days Over 10 years and up to 20 years 154 days Over 20 years and up to 30 years 229 days Over 30 years 306 days
- The amount of sick leave available shall be the Principal’s aggregated sick leave entitlement set out in the table above, less the total amount of sick leave with pay the Principal has taken during their teaching service to date.
- Where a Principal has exhausted their current entitlement set out in the table in clause 5.2.2(a):
- in each subsequent year the employer will allow the Principal to anticipate up to five days’ paid sick leave.
- in exceptional circumstances the employer may grant further anticipated sick leave with pay in excess of the entitlement set out in clause 5.2.2(a), provided that no extension is granted beyond the 306 days.
- any anticipated sick leave taken under (i) or (ii) above will be deducted from the Principal’s next entitlement under 5.2.2(a) when that entitlement becomes due.
- Where a Principal has exhausted their entitlement set out in the table in clause 5.2.2(a) and has no future entitlement under 5.2.2(c), the Principal shall be granted sick leave in accordance with the Holidays Act 2003.
5.2.3 Service for sick leave purposes
- The total period of the “length of service” which determines the Principal’s sick leave entitlement outlined in 5.2.2(a) shall be the aggregate of employment as a teacher or Principal in:
- a New Zealand state or state integrated school;
- a New Zealand free kindergarten association, university, or polytechnic;
- Fiji, Cook lslands, Tonga, Western Samoa or Niue
- The following teaching service is counted as full-time:
- permanent part-time service;
- non-permanent part-time service that consists of employment for 20 hours or more per week.
- Non-permanent part-time teaching service of less than 20 hours per week is assessed on the basis that 80 hours equals one month’s service or 1000 hours equals one year’s service.
- Service in the New Zealand Public Service and/or Armed Forces may be converted to teaching sick leave entitlement on such terms as the Secretary for Education may agree. Deductions for sick leave taken from transferred New Zealand Public Service and/or Armed Forces service shall be converted to deductions from the teaching sick leave entitlement using the formula T/P*S=E where:
- fulltime service;
- T = Principals’ sick leave entitlement on years of service;
- P = Public Servants’ sick leave entitlement on years of service;
- S = Sick Leave taken as a Public Servant;
- E = Equivalent number of days of sick leave as if taken as a Principal.
Note 1: For the calculation of a Principal’s sick leave entitlement, the total period of a Principal’s “length of service” will continue to include employment as a Principal or teacher by a former education Board, a secondary school Board, a private school which has become integrated, a community college, a technical institute, a teacher’s college, the former Department of Education or an agricultural college.
Note 2: Service for sick leave purposes does not include:
- study time while a Principal or teacher is not employed in the education service, or when on leave without pay of more than 90 calendar days,
- teaching in private schools (except for teachers or Principals in private schools which become integrated,
- teaching overseas except in the Pacific countries listed in sub clause 5.2.3(a)iii above,
- trade service, or
- service as a member of the armed forces of another country.
5.2.4 Granting sick leave
- The employer shall grant sick leave on pay with the following conditions:
- While a medical certificate will not normally be required for leave of up to five days, where it is considered warranted, an employer may require a Principal to produce a medical certificate or other evidence satisfactory to the employer.
- For sick leave within three consecutive calendar days (whether or not the days would otherwise be working days for the Principal) the employer may inform the Principal that proof of sickness or injury is required and, if so, the employer will agree to meet the employee’s reasonable expenses in obtaining the proof.
- When a period of sick leave exceeds five school days a medical certificate from a registered medical or dental practitioner must be provided to the employer. If the Principal cannot obtain a medical or dental certificate other evidence satisfactory to the employer may be provided.
- When a period of sick leave exceeds 14 days an employer may require the Principal to provide a medical certificate from a registered medical or dental practitioner stating the expected date the Principal will be able to return to work. The employer may require the Principal to provide further medical certificates should the sick leave continue beyond the expected date of return stated in this or subsequent medical certificates.
- When a period of sick leave exceeds 14 days the employer may require the Principal to obtain a second medical opinion from an independent registered medical or dental practitioner nominated by the employer and agreed to by the Principal provided that such agreement shall not be unreasonably withheld. The cost of a second medical opinion will be met by the employer.
5.2.5 Deduction from sick leave entitlement
- Principals will have sick leave deducted from the entitlement set out in clause 5.2.2(a) above as follows:
- where the period of absence does not exceed five consecutive school days the days of absence are deducted i.e. intervening Saturday or Sunday do not count as leave.
- where the period of absence exceeds five consecutive school days the continuous days are deducted i.e. all intervening weekends count as leave.
- public holidays and school vacations that fall during a period of paid sick leave do not count as leave.
5.2.6 Principals temporarily working reduced hours on account of sickness
- The employer may allow at its discretion a Principal who has been on sick leave to return to duty on a reduced hours basis if the Principal’s doctor so recommends and provides a medical clearance, and there would be no staffing or timetabling problems for the school. This arrangement should not, however, normally be allowed to continue for more than six weeks. The provisions (b) to (e) below will apply.
- The daily hours not worked are to be aggregated and debited against sick leave on the basis of a five-hour day. For example, where a full time Principal is present for:
- 20 timetabled hours in one week = 5 hours absent = 1 day sick leave debited
- 17.5 timetabled hours in one week = 7.5 hours absent = 1.5 days sick leave debited
- Whole days or half-days of absence are to be debited as whole or half-days.
- When the absence is on account of injury by accident and earnings related compensation is payable to the Principal, normal pay is to continue and the Secretary for Education is to obtain reimbursement of earnings related compensation from the Accident Compensation Corporation in accordance with the usual procedures.
- If the accident was work related there is no debit against sick leave entitlement. However, if the accident was non-work related, the sick leave entitlement is debited to the extent to which the salary payable for time actually worked plus the earnings related compensation is made up to give normal full salary (provided the Principal has a sick leave entitlement available).
5.2.7 Disregarded sick leave
- Disregarded sick leave not exceeding an overall aggregate of two years shall be granted by the Secretary for Education where in the opinion of the Secretary one of the following conditions has been met:
- The sickness can be traced directly to the conditions or circumstances under which the Principal is working; or
- The injury occurred in the discharge of the Principal’s duties through no fault of the Principal and where no payment has been made by the Accident Compensation Corporation; or
- The Principal has contracted a notifiable disease which requires the Principal to be excluded from school for a period prescribed under Schedule 2 of the Health (Infectious and Notifiable Diseases) Regulations 1966 or for a period determined by a Medical Health Officer; or
- The Principal has contracted hepatitis or tuberculosis, where the period of disregarded sick leave is the time that the Principal’s treating registered medical practitioner decides is necessary for the Principal to remain away from school; or
- The absence was due to war injury or service.
- Where sick leave has been deducted for any period granted as disregarded sick leave under 5.2.7(a)(i) to 5.2.7(a)(v) above, the sick leave will be reinstated.
- Disregarded sick leave is additional to any period of absence on account of sickness or injury to which the Principal is entitled with full salary in accordance with the scale set out in clause 5.2.2 above.
- Fixed term or relieving Principals shall only be granted disregarded sick leave, as provided for in 5.2.7(a) above, where they have been in continuous employment before the date of application.
5.2.8 Holiday pay deductions
- Holiday pay is not reduced for periods of sick leave with pay
- When Principals have used their current sick leave entitlement holiday pay may be reduced for periods of sick leave without pay on the following conditions:
- No deduction is to be made from the holiday pay of Principals for periods of sick leave without pay for periods not exceeding 90 calendar days in any one school year.
- Where the total amount of sick/accident leave without pay is in excess of 90 calendar days the deduction is based on the period subsequent to the initial 90 calendar days. The initial 90 calendar days are unaffected.
- Principals with a current sick leave entitlement who apply to receive sick leave without pay will have holiday pay reduced in proportion to the unpaid leave taken (as per clause 3.24.3 of the ASTCA) and should be advised of this when notified of the approval of sick leave without pay.
5.3 Other Leave
5.3.1 The Principal shall be entitled to other leave during this agreement, calculated and taken in accordance with the leave provisions applying to teachers in the School. Except as otherwise provided in this agreement, this will be based on the aggregate of the Principal’s previous service in the Education Service and under this agreement.
Note 1: The maximum refreshment leave to which a Principal in receipt of the allowance for the Community Leadership role is entitled is one school term. Any request for refreshment leave will not be granted unless it has the support of their employing Board which shall first consider the needs of the wider Community.
Note 2: A Principal in receipt of the Principal Recruitment Allowance is limited to Refreshment Leave of a maximum of one school term. The Principal Recruitment Allowance will not be payable in this period of leave.
5.4 Previous Service for Leave Entitlements
5.4.1 Except as otherwise provided in this agreement, the provisions and policy relating to the crediting of previous service outside the Education Service for leave entitlements and the taking of accumulated leave at the end of service applying to teachers in the school shall continue to apply to the Principal for the purposes of calculation of any leave entitlement which the Principal may be entitled to under this agreement.
5.5 Special Leave
5.5.1 Nothing in this agreement shall limit the authority of the Board to grant to the Principal such special leave, whether with or without pay, as the Board considers appropriate to enable the Principal to undertake professional development training. The Board shall have regard to the need to ensure that the Principal receives training appropriate to the requirements of the position. Before approving any discretionary leave the Board shall ensure that the granting of such leave complies with any funding arrangements applying to the School in respect of such leave.
5.6 Paid Sabbatical Leave Scheme
5.6.1 A sabbatical leave scheme for Principals will apply according to the following:
- There will be ten (10), increasing to thirteen (13) from the 2022 school year, full-time equivalent sabbaticals awarded annually (Note this may result in sabbatical leave being awarded to more than ten or thirteen, as applicable Area School Principals during one school year).
- A full time equivalent sabbatical will be of ten (10) weeks duration paid at the rate of the Principal’s normal pay.
- Principals may apply for ten week, five week or three week sabbaticals; however, ten week sabbaticals will be allocated first.
- A ten week sabbatical may, with the Board’s approval, be taken in two blocks during one school year. Each block must be whole weeks in duration and the smallest block must be for at least three weeks.
5.6.2 Te Rau Titoki Leave
Te Rau Titoki refers to the Titoki tree that flowers only in the spring. The seed is held on the tree for a year and then falls to the ground to become the Titoki tree. In that year on the tree the Titoki seed grows, matures and everything that is needed to be the Titoki tree is developed.
- From the start of the 2021 school year, at least five (5) of the total full-time equivalent sabbaticals provided for in clause 5.6.1 above will be for the purpose of Te Rau Titoki leave. However the panel may apply discretion on the overall allocation of sabbaticals based on the applications received.
- Principals may apply for up to three (3) sabbaticals to be taken consecutively for the purpose of Te Rau Titoki leave. Te Rau Titoki leave must be taken in one consecutive block and cannot be split as envisaged in 5.6.1(d) above.
5.6.3 Entitlement to sabbatical/Te Rau Titoki leave is subject to:
- service of at least five years as a Principal in the state sector;
- application by the Principal which has the support of their school Board; and the submission of a proposal of work to be undertaken during the sabbatical leave.
5.6.4 The criteria for the scheme and its operation is developed by the Ministry, the NZEI, the PPTA and the NZSTA. The award of the sabbatical leave, including Te Rau Titoki leave, will be by a panel with representation from the four organisations.
Note: Criteria for Te Rau Titoki leave will be developed by the parties prior to its implementation at the start of the 2021 school year.
5.6.5 At the time of application for sabbatical leave, excluding Te Rau Titoki leave, a Principal may also apply for the reimbursement of costs associated with the work proposal for the sabbatical to a maximum of $5,000 and subject to clause 5.7 below. The panel established under clause 5.6.3 will decide whether the reimbursement of costs will be approved, and whether approved in part or full.
5.7 Reimbursement of Costs Associated With Sabbatical Leave
5.7.1 Consideration may be given by the panel established under clause 5.6.4 to the reimbursement of costs, to a maximum of $5,000, where such costs are clearly associated with the proposal of work for a sabbatical in accordance with the agreed criteria developed by the parties and NZSTA. The maximum total cost of reimbursements for costs associated with the sabbatical leave scheme in clause 5.6 for any one school year shall not exceed $50,000.
Note: Reimbursement of costs is not applicable in respect of sabbaticals that are used for the purpose of Te Rau Titoki leave.
5.8 Parental Provisions
5.8.1 The Principal is entitled to take parental leave under the Parental Leave and Employment Protection Act 1987 (PLEPA). In addition to the Principal’s rights under the PLEPA the following shall apply:
- Parental leave may commence at any time during the pregnancy subject to the Principal giving the employer one month’s notice in writing, supported by a medical certificate. A shorter period of notice will be accepted on the recommendation of a medical practitioner. The Principal can take up to 12 months’ unpaid leave from the date of birth, or in the case of adoption, whāngai or Home for Life placement of a child under the age of six years, from the date the Principal or their spouse or partner becomes the primary carer.
- A Principal with 12 months’ or more service shall be entitled to up to a further 12 months’ unpaid leave (bringing the total entitlement to a maximum of 24 months’ continuous leave including leave taken prior to the birth of the Principal’s child) subject to notifying their employer in writing of their intention to take this leave within 9 months from the date of commencing leave under 5.8.1(a).
- The Principal’s position will be held open subject to the school closure provisions of Schedule B of this agreement, for the duration of their parental leave. If a relieving Principal is employed it will be a condition of the relieving appointment that it will be terminated by the employer concerned within one month from the date that the permanent incumbent gives notice of intention to return to work early. A Principal must give their employer at least one month’s notice if it is their intention to return to work before their parental leave expires. This provision shall not apply in the case of a Principal who has had a miscarriage or a stillborn child. In such cases the Principal may elect to return to work immediately.
- A Principal intending to resign because of pregnancy must be advised of their right to take parental leave.
Note: Employment as a long term reliever covering a Principal on parental leave does not generate an entitlement to permanency in the event that the Principal on leave resigns.
5.8.2 Parental grant
A Principal who takes parental leave in order to be the primary carer, or resigns due to pregnancy, is entitled to a payment equal to six weeks’ salary calculated at the rate applicable in the Principal’s last working week prior to commencement of their leave or date of resignation. However, a Principal who works less than full normal hours for a short period only, prior to taking primary carer leave, may have their case for full payment considered by the employer. The payment is not pro-rated if the Principal takes less than six weeks’ leave. The grant is payable following production of a birth certificate or suitable evidence of placement.
Primary carer means:
The biological mother of the child, or their spouse or partner, where they take primary responsibility for the care, development, and upbringing of the child during the first six weeks of parental leave.
In the case of adoption, whāngai or Home for Life placement, the person who takes permanent primary responsibility for the care development and upbringing of the child.
5.8.3 Sick leave during pregnancy and while on Parental Leave
- Periods of illness due to pregnancy prior to the birth may be charged against the Principal’s sick leave entitlement. Normal rules for sick leave with regard to production of a medical certificate apply.
- Once the Principal has commenced parental leave, any day(s) of sickness must be leave without pay and in no circumstances may a Principal have an absence during or following the birth of the child credited against their sick leave entitlement.
5.8.4 Leave to attend partner at birth of their child.
- Permanently appointed Principals will be granted two (2) days’ paid leave to attend their partner at the birth of their child.
- Reasonable notice must be provided to the employer before and at the time of the Principal taking leave.
5.9 Family Violence Leave
Family Violence Leave as provided for by the Holidays Act 2003 is in addition to other leave allowances within this collective agreement.