Te Aho o Te Kura Pounamu Early Childhood Teachers' Collective Agreement

The variation agreed between the parties on 19 September 2019 is included in this document.

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Te Aho o Te Kura Pounamu Early Childhood Teachers' Collective Agreement [PDF, 433 KB]

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Email: employment.relations@education.govt.nz

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Appendix Three: Employment Relations Education Leave

Te Aho o Te Kura Pounamu Early Childhood Teachers’ Collective Agreement
Effective: 22 November 2018 to 21 November 2021

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  • 1. Interpretation
    • In this Appendix, unless the context otherwise requires, -

        1. Eligible employee, in relation to a union or employer, means an employee who is a member of NZEI Te Riu Roa.
        2. Specified date means 1 April.
        3. Year means a period of 12 months beginning on 1 April and ending on the close of the last day of March in the following year, the first such year being 1 April 2001 to 31 March 2002.
  • 2. NZEI to allocate employment relations education leave in accordance with this appendix
        1. The maximum number of days of employment relations education leave that NZEI is entitled to allocate in a year in respect of an employer’s eligible employees is the number of days calculated in accordance with 3, unless the employer agrees to the allocation of additional days
        2. The maximum number of days of employment relations education leave that NZEI is entitled to allocate in a year to an eligible employee is 5 days, unless the employee’s employer agrees to the allocation of additional days
        3. Employment relations education leave expires if it is not allocated by the end of the year in respect of which it is calculated under 3, unless the employer agrees that the leave may be carried forward to the next year.
  • 3. Calculation of maximum number of days of employment relations education leave
        1. The maximum number of days of employment relations education leave that NZEI is entitled to allocate in respect of an employer is based on the number of full-time equivalent eligible employees employed by the employer as at 1 April in that year, and is determined in accordance with the following table:
          Full time equivalent eligible employees as at the specified date in a yearMaximum number of days of employment relations education leave that union entitled to allocate
          1-5 3
          6-50 5
          51-280 1 day for every 8 full-time equivalent eligible employees or part of that number
          281 or more 35 days plus 5 days for every 100 full-time equivalent eligible employees or part of that number that exceeds 280
        1. For the purposes of calculating the number of full-time equivalent eligible employees employed by an employer:
            1. an eligible employee who normally works 30 hours or more during a week is to be counted as 1
            2. an eligible employee who normally works less than 30 hours during a week is to be counted as one-half.
  • 4. Notification of employment relations education leave calculated
        1. After calculating the maximum number of days of employment relations education leave NZEI must before 1 May in each year give the employer concerned a notice containing:
            1. the maximum number of days calculated in respect of the employer
            2. the details of the calculation.
        2. NZEI must comply with (a) within 1 month after 1 May each year.
        3. Until NZEI complies with this section, the union must not allocate employment relations education leave.
        4. The employment relations education leave that NZEI is entitled to allocate in respect of an employer in any one year shall be reduced by one twelfth for each complete month after 1 May in which NZEI has not complied with (a) and (b).
  • 6. Allocation of employment relations education leave to eligible employee
        1. Employment relations education leave is allocated to an eligible employee by giving a notice to the employee, and a copy of the notice to the employee’s employer, that informs the employee:
            1. that NZEI has allocated employment relations education leave to the employee
            2. of the number of days of employment relations education leave allocated to the employee
            3. that the employee must take the employment relations education leave by the end of the year in which it is allocated
            4. of the terms or effect of 7 and 8.
        2. The allocation of employment relations education leave does not, of itself, entitle the employee to take the leave.
  • 7. Eligible employee proposing to take employment relations education leave
        1. An eligible employee proposing to take employment relations education leave must tell her or his employer:
            1. that the employee proposes to take that leave; and
            2. the dates on which the employee proposes to take that leave; and
            3. the employment relations education that the employee proposes to undertake during that leave.
        2. An eligible employee must not take employment relations education leave unless the employee complies with (a) as soon as possible, but in any event no later than 14 days before the first day of such leave.
        3. An employer may refuse to allow an eligible employee to take employment relations education leave if the employer is satisfied, on reasonable grounds, that the employee taking employment relations education leave on the dates notified would unreasonably disrupt the employer’s business.
          ca. To avoid doubt, a representative of an eligible employee may comply with (a) on behalf of the eligible employee.
        4. In (b) day means a day of the week other than a day in the period beginning with 25 December in any year and ending with 5 January in the following year.