Special Residential Schools' Collective Agreement
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Section 5: Holiday and Leave Provisions
Special Residential Schools' Collective Agreement
Effective 28 February 2019 to 27 February 2021
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Note: The parties acknowledge that the leave provisions of this Agreement (and their administration) operate to provide entitlements equal to, or in excess of, those provided under the Holidays Act 2003. To this extent, and except as provided via changes within this Agreement, the parties agree that current administrative practices will continue to operate. As with 4.13.4 above, where inconsistencies with the Holidays Act 2003 exist the parties will continue to work on compliance solutions.
5.1 Statutory Holidays
5.1.1 The following days shall be observed as statutory holidays in accordance with the Holidays Act 2003: 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.
5.1.2 Designated Holiday - the day after Boxing Day or the first weekday in lieu shall be observed as a designated holiday.
5.1.3 Entitlement to a statutory holiday exists where it falls on a day which would otherwise be a working day for the employee.
5.2 Payment and Time Off For Working On A Statutory Or Designated Holiday
5.2.1 An employee who works on a statutory holiday is entitled to an alternative holiday on another agreed working day, which shall be one on which the school is closed for instruction, unless otherwise agreed. This shall also apply to an employee on call where the nature of the restriction of the on-call condition on the employee’s freedom of action is such that for all practical purposes, the employee has not had a holiday. The additional day shall not apply to any employee only employed to work on statutory holidays.
5.2.2 Work on statutory holidays, except Waitangi Day and Anzac Day, shall be paid at the portion of the employee’s relevant daily pay (less any penal rates) that related to the ordinary hours actually worked on the day, plus that amount again. Any additional hours will be paid at the appropriate overtime rate only.
5.2.3 Work on Anzac Day and Waitangi Day shall be paid in accordance with s50 of the Holidays Act 2003 i.e., the greater of:
- the portion of the employee’s relevant daily pay (less any penal rates) that relates to the time actually worked on the day plus half that amount again; or
- the portion of the employee’s relevant daily pay that relates to the time actually worked on the day.
5.2.4 An employee required to work on a designated holiday (see 5.1.2) will be granted equivalent time off in lieu. They will receive no payment in addition to 8 hours ordinary pay until after 8 hours have been worked, when the appropriate overtime rate will be paid.
5.3 Holidays Falling During Leave or Time Off
5.3.1 Where a statutory or designated holiday falls during a period of annual, sick, or special leave on pay, an employee is entitled to that holiday which is not to be debited against such leave. This shall also apply on termination of employment whereby the final date of work is extended by any annual holiday entitlement not taken, and any statutory holiday falling during that period is debited and the annual leave is extended accordingly.
5.4 Recreation Leave Standard employees
One day’s recreation leave will be granted each year to Standard scale employees and must be taken during the following year. Recreation leave not taken at the time of ceasing service with the School will be forfeited.
5.5 Annual Leave Standard employees
5.5.1 Annual leave is to be taken in term holidays wherever practicable.
5.5.2 Annual leave of 5 weeks per annum shall be allowed in accordance with the Holidays Act 2003 (refer table 1 below);
5.5.3 Employees shall, on completion of six years' service, become entitled to annual leave of 6 weeks per annum as at 1 December immediately following. (refer to table 1 below).
Table 1: Service Annual leave entitlement 0-6 years service 5 weeks annual leave + 1 recreational day * 7 years service 6 weeks annual leave + 1 recreational day *
* refer clause 5.4
5.5.4 Except in relation to a closedown period or when agreement is unable to be reached, when annual holidays are to be taken is to be agreed between the employer and employee.
5.5.5 Except as specifically provided by the employer, an employee who has been absent on special leave with or without pay in excess of 35 consecutive days in 1 or more periods in any leave year is to have his/her leave reduced in the proportion that the number of days leave bears to 365.
Note: The operation of the provision shall not disadvantage any employee in relation to any minimum entitlement under the Holidays Act 2003.
5.5.6 For example, an employee with 5 weeks leave entitlement who has had 55 days special leave will have his/her annual leave entitlement reduced by 55/365 x 25 = 4 days.
5.5.7 Employees with over 20 years continuous service may anticipate 1 years’ annual leave entitlement for the purpose of taking an overseas trip.
5.5.8 Employees may be permitted to anticipate up to half the annual leave entitlement due, subject to refund on termination or resignation of employment if necessary. Employees in their first year of service may be granted anticipated annual leave proportionate to their length of service.
5.5.9 Holiday pay shall be calculated in accordance with the provisions of the Holidays Act 2003 except as provided under 4.13 above.
5.6 Annual leave Rostered employees
5.6.1 These provisions will only apply to employees who have been placed on the Rostered scale hours of work (clause 3.1.2 (b) refers).
5.6.2 Annual leave no longer applies, as employees in the above occupations will be on paid time off when their school is closed (unless they are on approved leave without pay, or planning, preparation or professional development).
5.6.3 The employer will endeavour to arrange matters at the school in such a way that any requirement under this section is not unreasonable. By prior arrangement the employee’s own initiatives in undertaking work for the above purposes may be counted when applying this clause.
5.6.4 It is agreed that days when the school is not open for instruction shall constitute ‘working days’ for the purposes of 5.2.1 above.
5.6.5 Days when the school is not open for instruction (Closed School periods) cannot attract overtime or penal time, as such payments are only ever due for actual penal or overtime worked by Rostered employees during Open School periods. The salary payable during such Closed School periods will be at the average weekly earnings rate as calculated according to clause 4.13.2.
5.7 Parental Leave
5.7.1 Parental Leave will be granted in accordance with the provisions of the Parental Leave and Employment Protection Act 1987. The following is a guide to the four types of leave available to employees who qualify:
- Maternity leave for the mother of the child in one continuous period, not exceeding 14 weeks (without pay);
- Special leave totalling up to 10 days (without pay) for reasons connected with the pregnancy;
- Paternity leave up to 14 consecutive days (without pay) for the spouse or partner of the pregnant woman;
- Extended parental leave of up to 52 weeks (without pay) for either the mother or father of the child.
5.7.2 Employees intending to take extended parental leave are required to give at least 3 months notice in writing, supported by a doctor's certificate, confirming the pregnancy and expected date of delivery or in the event of an adoption, provide the employer with notice within 14 days of the employee receiving notice confirming the adoption.
5.7.3 The employer agrees to uphold the presumption in Part V of the Parental Leave and Employment Protection Act 1987 that an employee's position can be kept open during extended parental leave, except in exceptional circumstances.
Note: Clauses 5.7.1 to 5.7.3 summarise, but do not take the place of the Parental Leave and Employment Protection Act 1987. A copy of the Act and other associated material is also available on www.dol.govt.nz.
5.7.4 Ex-gratia Payment
- Where an employee, who is entitled to parental leave of up to 12 months, returns to duty before or at the expiration of the leave and completes a further 6 months service, they qualify for a payment equivalent to 30 working days leave on pay, i.e. at the rate applying for the 30 working days immediately following their ceasing duty.
- Provided that, if both male and female partners are employed in the School, or the employee's partner is employed in the State Sector, and are both eligible for payment, then they are entitled to 1 and only 1 payment, and they may choose (after they have qualified) who will receive it.
- Any adjustments to the salary scale that are backdated into the period covered will apply.
- An employee who is absent on parental leave for less than 6 weeks (30 working days) will receive that proportion of the payment that their absence represents in working days.
- Any payment is to be based on the percentage rate of employment prior to absence on parental leave. However, a woman who works less than full normal hours for a short period only, prior to her commencing parental leave, may have her case for full payment considered by the employer.
5.8 Special Leave With or Without Pay
5.8.1 An employee may be granted special leave with or without pay. Placement on return from special leave without pay of more than 1 month is conditional on a suitable vacancy being available at the School, and grading cannot be guaranteed. An employee who cannot be placed in employment on return will be given 3 months' notice in writing that employment is to be terminated.
5.8.2 Examples of the type of leave that could be taken as special leave with or without pay at the employer's discretion:
- Leave without pay to work for the PSA.
- Leave without pay to accompany a partner on an overseas posting.
- Study Leave - where the course of study is of value to the employer.
- Outward Bound - paid leave and/or payment of fees.
- Conferences and Conventions - paid leave may be granted to attend conferences and conventions of value to the employer.
Note: The employer will take into account the needs of the School and the employee in dealing with applications for study leave. In addition to leave for study, the employer may grant leave for examinations, reimburse course fees wholly or in part and assist with travel costs.
Note: Leave without pay interrupts but does not break service.
5.9 Sick Leave
5.9.1 The employer shall grant 10 working days sick leave per annum, with the first entitlement falling due on the date of appointment. Unused entitlement accumulates. No deduction from sick leave will be made for absences of less than 2 hours.
5.9.2 The employee intending to take sick leave must notify the employer as early as possible before the employee is due to start work or, if this is not practicable, as early as possible after that time.
5.9.3 The employer may decide that sick leave on pay of any special nature shall not be included in the aggregate of sick leave taken; but such leave is to be noted on the employee's leave record.
5.9.4 Where absence on sick leave, whether with or without pay, extends beyond three consecutive days, employees may be required to produce a medical certificate signed by a registered medical or dental practitioner stating the probable period of absence.
5.9.5 Where the employee absent on sick leave is suspected of being absent from duty without sufficient cause, the employee may be directed to submit to medical examination by a registered medical practitioner. The employer shall meet the employee’s reasonable expenses in obtaining the medical certificate.
5.9.6 When sickness occurs during annual leave, the employer may permit the period of sickness to be debited against sick leave entitlement except where the sickness occurs during leave following termination of employment.
5.9.7 Rostered employees under clause 5.6 shall not have sick leave debited when the school is closed for instruction except where it occurs on a day specified for planning, preparation and professional development as per clause 3.1.2 (b) (iii).
5.9.8 The employer may permit employees to anticipate their next sick leave entitlement. Provided that the employee agrees the necessary adjustments will be made to final pay should an employee resign before the next entitlement falls due.
5.9.9 Accumulated sick leave as at the date of coming into force of this agreement will be retained by employees.
5.10 Sickness at Home
Employees may be granted leave on pay as a charge against their sick leave entitlement when the employee must be absent from work because their spouse, partner or a person who depends upon the employee for care, is sick or injured.
The employer acknowledges the benefit of employees planning for their retirement. Prior to retirement, or as a transition to retirement, various options may be explored, taking into account the operational needs of the employer. Such options include working reduced hours, job sharing and/or gradual retirement.
- when an employee intends to make a permanent and voluntary change to their lifestyle by ceasing or significantly curtailing permanent paid employment; or
- when an employee intends to retire on the grounds of a medical condition and therefore intends to cease or significantly curtail permanent paid employment on this basis.
5.11.3 An employee may retire:
- voluntarily; or
- on medical grounds; or
- by agreement between the employer and employee.
5.12 Bereavement/Tangihanga Leave
5.12.1 An employee shall be granted special bereavement leave on full pay to discharge their obligations and/or pay their respects to a deceased person with whom they have had a close association. Such obligations may exist because of blood or family ties or because of particular cultural requirements such as attendance at all or part of a Tangihanga (or its equivalent).
5.12.2 In granting time off the employer must administer these provisions in a culturally sensitive manner taking into account:
- The closeness of the association between the employee and the deceased (Note: This association need not be a blood relationship);
- Whether the employee has to take significant responsibility for any or all of the arrangements to do with the ceremonies resulting from the death;
- The amount of time needed to discharge properly any responsibilities or obligations;
- Reasonable travelling time should be allowed, but for cases involving overseas travel that may not be the full period of travel;
- A decision must be made as quickly as possible so that the employee is given the 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 special leave is not appropriate then annual leave or leave without pay should be granted.
- The minimum requirements as per s70 of the Holidays Act 2003 (in summary 3 days for a family member; 1 day for a close associate).
5.13 Accident Leave
5.13.1 Accident leave is granted pursuant to the Accident Rehabilitation and Compensation Insurance Act 1992.
5.13.2 The employer will continue to pay employees who are absent from work due to a work related accident for up to 6 months from the date of the accident. Working days during the first week after the accident will be on special paid accident leave. Thereafter, one day of sick leave shall be deducted for each week of absence (to make up the difference between earnings related compensation and basic salary). Where there is no sick leave entitlement, the employer will grant special paid accident leave.
5.14 Jury Service and Witness Leave
5.14.1 An employee will be granted paid leave for jury service. Expenses may be retained by the employee but all juror's fees are to be paid to the employer unless an employee elects to take annual leave or leave without pay in which case the fees may be retained.
5.14.2 Witness Leave
- Where an employee is called as a witness in a private capacity for a criminal or traffic case up to 3 days paid leave may be granted. The employee is to recover fees and expenses from the party calling the witness, and repay the fees to the employer.
- Where an employee is called as a witness in a private capacity for other than a criminal or traffic case, annual leave or leave without pay may be granted. The employee is to pay any expenses incurred and is to retain such fees and expenses as may be awarded by the court.
5.15 First Aid Training
Employees required by the employer to attend a first aid training course shall be granted paid leave during work hours, or time in lieu at the employer's convenience if attending the course outside work hours. Course fees will be paid by the employer.