Support Staff in Schools' Collective Agreement
Variation to the Support Staff in Schools' Collective Agreement
This document includes the recent variation to the Support Staff in Schools' Collective Agreement that implements the settlement of the Teacher Aide Pay Equity Claim (TAPEC). The Settlement Agreement and the Variation Document can be accessed separately from the related documents below.
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Part 6 Holidays
Support Staff in Schools' Collective Agreement
Effective 13 December 2019 to 6 February 2022
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6.1 Public 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 6.1.1(a) all staff shall be entitled to observe Easter Tuesday as an additional paid holiday. Support staff previously on the Administrative scale, who were on 28 June 2015, entitled to observe the day after Boxing Day as an additional paid holiday, shall continue to have that entitlement, subject to clause 6.1.1(c).
- Employees, for whom clause 6.3.7 applies, shall no longer have the entitlements specified in clause 6.1.1(b).
6.1.2 In the event of a public holiday falling on a Saturday or Sunday, 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 does not apply to the day after Boxing Day.
6.1.3 Other than as provided in clause 6.1.5 below, employees shall be paid for the public holidays listed in clause 6.1.1(a) 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 clarity, public 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.
6.1.4 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 s40 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.
6.1.5 With regard to Christmas Day, Boxing Day, New Year’s 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.
6.1.6 Except as provided under clauses 6.1.3 and 6.1.4 above, it is not intended that 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.
6.1.7 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.
6.1.8 Notwithstanding the above, staff on the previous Administrative scale as at 28 June 2015, shall also be entitled to continue to observe the day after Boxing Day as an additional paid holiday provided that they are not employees to whom clause 6.3.7 applies.
6.2 Service for leave purposes
6.2.1 Except as provided in clause 6.2.5 below, ‘continuous service’ for leave purposes shall mean the aggregate of the employee’s employment with any state or integrated school.
6.2.2 ‘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.
6.2.3 ‘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.
6.2.4 For the purposes of leave aggregation under clauses 6.2.1 to 6.2.3 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 clauses 6.2.2 or 6.2.3 above) service. Parental leave will, however, count as service as provided for under s43 of the Parental Leave and Employment Protection Act 1987.
6.2.5 All service or continuous service accumulated after 1 March 1995 shall be calculated on the basis set out in clauses 6.2.1 to 6.2.4 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 6.2) and to the leave provisions contained in clauses 6.3.5 or 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 her/his ordinary working week.
6.3.4 Holiday pay will be paid in the employee’s fortnightly cycle as per clause 3.13.1. An employee can elect the option of having her/his holiday pay paid as a lump sum prior to taking annual leave by giving her/his 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 6.1.1(a).
- 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 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 clause 6.2) 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 6.1.1(b).
- 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 clause 6.3.5(b).
6.3.7 For 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 clause 6.2) in a state or integrated school employees shall for the eleventh and subsequent years be entitled to accrue five weeks of annual leave in addition to public holidays and the additional paid holidays described in clause 6.1.1(b) subject to clauses 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 6.1.1(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 holiday pay shall be calculated on the basis of annual leave entitlements provided for in clause 6.3.6(b).
6.4 Long service leave
6.4.1 Except where an employee has long service leave entitlement under clause 1.5.1, an employee shall on the completion of 25 years’ continuous service be granted four weeks’ long service leave with pay.
6.5 Sick leave
6.5.1 The employer shall grant sick leave on pay in accordance with the following provisions.
6.5.2 An employee is entitled to 7 days’ sick leave for each year in addition to any sick leave accumulated at the date of this agreement except where an employee’s working days are less than 5 days per working week in which case their annual entitlement shall be 6 days instead of 7.
6.5.3 The provisions of this clause regulate the application of paid sick leave under clause 6.5:
- Sick leave is to be paid in respect of actual working days but excluding any public holiday.
- Sick leave shall be accumulated. It may not be anticipated except where the employer and the employee agree.
- An employee shall produce a medical certificate or other evidence of their illness of him or her for absences exceeding three days if required to do so by the employer.
- 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 not practical, as early as possible after that time.
6.6 Domestic leave
6.6.1 The employer shall grant the employee leave on pay as a charge against their sick leave entitlement when the employee is absent from work to attend to a person who is dependent on the employee for care. This shall not preclude the employer from granting additional leave in accordance with clause 6.10 below.
6.6.2 Approval is not to be given for absence during or in connection with the birth of an employee’s child. Such situations should be covered by leave without pay.
6.6.3 The production of a medical certificate or other evidence of illness may be required.
6.7 Bereavement leave/tangihanga leave
6.7.1 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 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, he or she is obliged to attend to as a part of a tangihanga or its equivalent.
6.7.2 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, 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 6.7.1 exist is one day.
6.7.3 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.
6.7.4 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 6.7.2 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.
6.7.5 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.
6.8 Parental leave
6.8.1 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://www.employment.govt.nz/leave-and-holidays/parental-leave/ or free phone 0800 20 90 20.
6.8.2 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 the immediately preceding 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.
6.8.3 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.
6.8.4 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.
6.9 Jury service
6.9.1The 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.
6.10 Other leave
6.10.1 An employer may, at its discretion, grant an employee special leave with or without pay on such terms and conditions as it may approve
6.11 Family Violence Leave
6.11.1 Family Violence Leave as provided for by the Holidays Act 2003 is in addition to other leave allowance within the collective agreement.