Part Five - Leave
Area School Teachers' Collective Agreement
Effective 20 May 2013 to 3 November 2015
Note 1 The leave provisions set out in this Part of the agreement shall be applied in accordance with any administrative conditions that were in effect at the commencement of this agreement. Nothing in these provisions shall be read as extending any entitlement beyond that which existed at the commencement of this agreement except as may be expressly agreed to by the Secretary for Education after consultation with the unions.
Note 2 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 the parties agree that current administrative practices will continue to operate and, for clarity, teachers will take their annual leave outside the gazetted term dates.
5.1 Sick Leave
5.1.1 A teacher who is granted on application leave of absence on account of sickness or injury not arising out of or in the course of the teachers’ employment shall be entitled to sick leave on pay for a period or periods not exceeding a total amount determined in accordance with the scale set out in the following table. The period of sick leave due at any time shall be the amount specified in the following table, less the total amount of sick leave with pay that the teacher has already taken during her/his teaching service.
|Length of Service
||Aggregate period for which sick leave on payment be granted during service|
|Up to 3 months
|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|
- Where a teacher has exhausted the entitlement prescribed in the table set out in clause 5.1.1, the employer will allow the teacher to anticipate up to five days’ paid sick leave in each subsequent year in accordance with the Holidays Act 2003. The amount of anticipated sick leave taken will be deducted from the teacher’s next entitlement under 5.1.1 when that entitlement becomes due.
- In exceptional circumstances, the employer may grant further sick leave with pay in excess of the periods prescribed in the scale set out in clause 5.1.1 in anticipation of future entitlements, provided that no extension may be granted beyond 306 days. The amount of anticipated sick leave taken will be deducted from the teacher’s next entitlement under 5.1.1 when that entitlement becomes available.
- A teacher who has exhausted their sick leave entitlement and who has no future entitlement under 5.1.1 shall be granted sick leave in accordance with the Holidays Act 2003.
5.1.3 A short-term relieving teacher shall have a sick leave entitlement on the basis of service completed since the last date of permanent employment.
5.1.4 For the purposes of this clause, “service” in relation to the total period of an employee’s service means full-time employment as a teacher by an education board, a secondary school board, the controlling authority of a technical institute or community college, a free kindergarten association, a teachers’ college, the Ministry of Education, a university, or an agricultural college; as a teacher in Fiji, the Cook Islands, Tonga, Western Samoa or Niue, and active military service. Service as an officer in any branch of the New Zealand Government service (including the armed forces) may be equated to education service for sick leave purposes on such terms as the Secretary for Education may approve. Part-time teaching service is assessed on the basis that 80 hours equal one month’s service or 1,000 equal one-year’s service, and so on for periods in excess of this. Where part-time service consists of 20 or more class contact hours per week, it may be credited as full-time service.
5.1.5 Service does not include study time either before entry into the education service or during the period of unemployment (although it would include study time while on leave with pay), teaching in private schools, (except for teachers in integrated schools), teaching overseas, except in the Pacific countries listed in clause 5.1.4, trade service, or service with the armed forces of an allied power.
5.1.6 An employer may grant sick leave with pay up to the scheduled entitlement as follows:
- When in excess of five days’ sick leave is taken, a medical certificate from a registered medical or dental practitioner must be produced; provided that for leave between 6-14 days other evidence satisfactory to the employer may be produced if the teacher cannot obtain a medical or dental certificate.
- For periods of sick leave in excess of 14 days an employer may require the teacher to provide a medical certificate from a registered medical or dental practitioner stating the expected date the teacher will be able to return to work. The employer may require the teacher to provide further medical certificates when sick leave continues beyond the expected date of return stated in this or subsequent medical certificates.
- When an employer has required the teacher to provide a medical certificate under clause 5.1.6 (b) above, the employer may also require the teacher to obtain a second medical opinion from an independent registered medical or dental practitioner nominated by the employer and agreed to by the teacher provided that such agreement shall not be unreasonably withheld. The cost of a second medical opinion sought under this sub-clause will be met by the employer.
- An employer may delegate to the principal, authority to grant leave of up to five days but any exercise of this authority must be reported to the employer immediately. 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 teacher to produce a medical certificate or other evidence satisfactory to the employer.
5.1.7 Disregarded sick leave not exceeding an overall aggregate of two years may be granted by the Secretary for Education in the following circumstances:
- The sickness can be traced directly to the conditions or circumstances under which the teacher is working; or
- The injury was suffered by the teacher in the discharge of duties through no fault of the teacher; and in circumstances where payment has not been made by the Injury Prevention, Rehabilitation and Compensation Act 2001; or
- In the opinion of the Secretary for Education, the absence was due to war injury or to war service; or
- The absence was due to the teacher contracting a disease which, in the opinion of the Secretary for Education was, for the time being, epidemic, or by reason of the teacher being in contact with a person suffering from such a disease and being required to undergo a period of isolation in accordance with a decision made under regulations administered by the Health Department. In the case of hepatitis, however, the period of disregarded sick leave is the time that the teacher’s doctor decides is necessary for the teacher to remain away from school.
5.1.8 An employer may grant a teacher who contracts tuberculosis sick leave with full salary for a period of up to six months in addition to any period of leave of absence on account of sickness or injury to which the teacher is entitled with full salary in accordance with the scale set out in clause 5.1.1.above if the teacher enters, or is placed on a waiting list for entry to, a recognised institution.
5.1.9 Teacher temporarily working reduced hours on account of sickness
The employer may allow at its discretion a teacher who has been on sick leave to return to duty on a reduced hours basis if the teacher’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 following provisions apply:
- The daily hours not worked are to be aggregated and debited against sick leave on the basis of a five-hour day.
- 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 teacher, normal pay is to continue and the employer is to obtain reimbursement of earnings related compensation from the Injury Prevention, Rehabilitation and Compensation Act 2001; 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, of course, the teacher has a sick leave entitlement available).
5.2 Parental Provision
The provisions of the Parental Leave and Employment Protection Act 1987 shall apply, except in the case of superior provisions listed below.
- Birth in this section means the birth of a child whether live or still-born, within the meaning of the Births, Deaths and Marriages Act 1995.
- Group 1 teachers are defined as teachers appointed to permanent positions and teachers appointed to advertised long-term relieving positions.
5.2.2 Maternity Leave - Group One Teachers
A Group 1 teacher who is pregnant is entitled to maternity leave without pay. Leave may commence at any time during the pregnancy subject to the teacher 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:
- A female teacher with 12 months or more service, as defined in the former Education (Salaries and Staffing) Regulations 1957 but excluding any periods of teachers’ college or university training, shall be entitled to:
- 12 months maternity leave from the date of birth,
- up to a further 12 months’ maternity leave (bringing the total entitlement to a maximum of 24 months’ continuous leave including leave taken prior to the birth of the teacher’s child) subject to notifying their employer in writing of their intention to take this leave within 9 months from the date of commencing maternity leave under 5.2.2(a)(i)
- The total amount of leave taken shall be at the election of the teacher.
- A female teacher with less than 12 months’ service shall be entitled to six months’ leave from the date of birth and may be granted up to six months’ additional leave at the discretion of the employer.
- A female teacher intending to legally adopt a child under the age of 12 months shall, subject to satisfactory evidence, be entitled to maternity leave from the date of assuming responsibility for the child as if paragraph (a) or (b) above applied. The requirement of one month’s notice does not apply.
5.2.3 The teacher’s position shall be held open, subject to the surplus staffing provisions of clause 2.13 of the Agreement, for the duration of maternity leave. If a relieving teacher 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 teacher must give her employer at least one-months notice if it is her intention to return to work before maternity leave expires. This provision shall not apply in the case of a woman who has had a miscarriage or a stillborn child. In such cases the teacher may elect to return to work immediately.
Note: Employment as a long term reliever covering a teacher on maternity leave does not generate an entitlement to permanency in the event that the teacher on leave resigns.
5.2.4 A teacher intending to resign because of pregnancy must be advised of her right to take maternity leave.
5.2.5 Maternity grant
- Maternity grant shall be payable to female teachers in Group 1 on production of the birth certificate or evidence of an approved adoption placement, whether she is granted maternity leave without pay or resigns because of pregnancy or adoption placement.
- This grant shall be equivalent to six weeks full salary at the rate applicable at the date of birth (or placement in the case of adoption) to the position from which she was granted leave or resigned.
- A maternity grant may be payable to relieving teachers in such terms as the Secretary for Education may approve.
5.2.6 Sick leave during pregnancy
Periods of illness due to pregnancy prior to the birth may be charged against the teacher’s sick leave entitlement. Normal rules for sick leave with regard to production of a medical certificate apply. Once the teacher has commenced parental leave, any day(s) of sickness must be leave without pay and in no circumstances may a teacher have an absence during or following the birth of the child credited against her sick leave entitlement.
5.2.7 Leave to attend partner at birth of their child.
Permanently appointed teachers will be granted two 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 teacher taking leave.
5.3 Bereavement/Tangihanga Leave for Death in New Zealand or Overseas
5.3.1 Teachers shall be granted leave with pay to allow a reasonable opportunity to discharge their obligations and/or to 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).
5.3.2 In granting time off therefore, and for how long, the following points must be taken into account:
- The closeness of the association between the teacher and the deceased;
Note: This association need not be a blood relationship
- Whether the teacher 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 teacher 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 special leave is not appropriate then leave without pay should be granted.
- If a bereavement occurs while a teacher is absent on annual leave, sick leave with pay, or other special leave with pay, such leave may be interrupted and bereavement leave granted in terms of clauses 5.3.1 and 5.3.2 above. This provision will not apply if the teacher is on leave without pay.
5.3 Ngā Whakarite Tuku Tangihanga Mō te mate i roto ō Aotearoa, ki tāwāhi rānei
5.3.1 Ka taea te tuku i tētahi kaiako me te utu anō hoki, kia wātea ki te whakarite i ngā āhuatanga ki te whakatakoto i tōna aroha rānei ki tētahi tupapaku, i tino tata atu mōhiotia hoki e ia. Tērā pea nōna ake, he whanaunga tonu rānei, i raro i ngā āhuatanga a iwi rānei kia tae atu ki tētahi wāhanga, ki te katoa rānei o te wā o te tangihanga, hura kōhatu, ētahi atu tikanga a rite rānei.
5.3.2 Nō reira mo tēnei tu ahua tuku, me te roa o te tuku kia wātea, me whai i ngā āhuatanga e whai ake nei:
- Te tata atu o te kaiako ki te tupapaku (kia mōhio: tēnei tata e kī ana me toto tonu nōu);
- Mehemea he wāhanga nui tā te kaimahi ki te whakahaere, kāore rānei, i ngā whakariterite mo te tangihanga;
- Te wā tuku kia wātea e hiahiatia ana, mo ēnei whakahaere, whakariterite hei mahi māna;
- Me whakaaetia tētahi wā e tika ana mo te haere atu hoki mai, ēngari mēnā he haere ki tāwāhi kāore pea e whakaritea mo te katoa o te haere, hoki mai anō hoki;
- Kia tere tonu te whakatau i te tono kia tere ai te wätea o te kaiako ki te whakariterite i ngā mea katoa e pā ana ki a ia. I te nuinga o ēnei tū āhuatanga ka hoatu tonutia te whakaae, ēngari i ētahi wā, kua tae kua hoki mai kë te kaimahi ki te tangihanga, i mua o te hoatutanga i te whakaae mēnā e tika ana;
- Mehemea kāore e tika ana kia whiwhi i tēnei tuku whakawātea me te utu hoki, tērā pea ka whakaaetia kia tangohia atu i o whakawātea (hararei) a tau, whakawātea mo te kore utu rānei, engari koinei te mutunga.
- Mehemea ka pā mai he aituā ki tētahi kaiako i te wā o tāna whakawātea a tau, o tāna whakawātea a turoro (me te utu), o ētahi atu whakawātea hirahira (me te utu) rānei, ka taea te whakatārewa i taua whakawātea, kia pai ai te tuku whakawātea tangihanga ki a ia i raro o te ture. I runga ake nei (5.3.1 me 5.3.2). Kāore tēnei whakaarotanga e tukuna mehemea kāore te kaiako i te utua mō te wā whakawātea.
5.4 Hui Leave
5.4.1 Teacher Development - Bilingual Class - All teachers in bilingual classes may be entitled to one day’s paid leave per year to attend district, regional or national hui on bilingual education.
5.4.2 Ngä whakataetae mo ngä kapa haka kura tuarua - There is a national entitlement of 14 teacher relief days to run the contests, together with a national travel provision of $204.00.
Travelling time may be allowed in terms of clause 5.8 of the agreement.
5.5 Leave for Family Reasons
- A teacher may be granted leave for family reasons subject to meeting the requirements as provided for in clauses 5.5.2 - 5.5.5 below.
- Definition - For the purposes of section 5.5, the terms “near relative” and “near relative-in-law” mean the teacher’s:
Grandparents Father-In-Law Sons-In-Law
Grandchildren Mother-In-Law Daughters-In-Law
The terms do not exist beyond those degrees of relationship.
5.5.2 Serious illness
- A teacher may be granted leave with pay on account of serious accident or a crisis in a severe illness of a:
- partner, child, parent, brother, or sister - two days;
- a near relative, near relative-in-law or a member of the teacher’s family - one day.
- The maximum period of leave on full pay that may be granted for this purpose, including travelling time, is seven days.
5.5.3 Leave for sickness in the home
- The employer may grant a teacher leave with pay as a charge against the teacher’s sick leave entitlement when the teacher must be absent from work to care for a person who is sick or injured and who depends on the teacher for care.
- Approval is not to be given for absences during or in connection with the birth of a teacher’s child. Such situations should be covered by leave granted under clauses 5.2.6, 5.2.7 or 5.8.
5.5.4 Recurring serious illness
When a teacher applies for several periods of leave because of recurring illness in the family, the employer has the discretion as to how many times leave with pay is granted in the same school year, having regard for the welfare of the school or class concerned.
Note: The production of a medical certificate or other evidence of illness may be required in the case of leave granted in terms of clauses 5.5.2, 5.5.3 and 5.5.4.
5.5.5 Important family and other occasions
A teacher may be granted one day’s paid leave per year plus travelling time in terms of clause 5.8 below for the following occasions. Relieving teachers may be granted leave for important family and other occasions as for permanent teachers, provided that in the case of marriage leave for their own wedding their absence does not require the employment of other relieving teachers.
- Their own wedding or that of their child, a sibling, parent, grandchild or grandparent;
- Their parents’ golden or diamond wedding anniversary;
- Their own ordination, vice-regal investiture, admission to the bar or capping or that of their spouse, child, sibling or parent;
- Attendance at court for an adoption order;
- Rosh Hashonah and Yom Kippur for teachers of the Jewish faith.
5.6 Special Leave
5.6.1 Special leave of absence with or without pay may be granted to a teacher subject to meeting the requirements as provided for in clauses 5.6.2 - 5.6.10 below. Unless stated otherwise, the special leave provisions apply to full-time permanent and long-term relieving teachers.
5.6.2 Court proceedings
Except when teachers are pursuing their own interests or where answering charges against themselves, the employer will grant leave with pay when a teacher is required by subpoena to attend court proceedings as a witness or to serve on a jury; provided that where fees for service are paid, these fees shall be repaid to the employer for repayment to the Public Account.
5.6.3 Candidates in General Elections
The provisions of the Electoral Act 1993 and its amendments shall apply.
5.6.4 Sports leave
Where such leave is approved by the employer, teachers are entitled to leave with pay for overseas sports tours, interprovincial fixtures, national championships and international competition within New Zealand subject to the following maxima per any 12-month period:
- overseas tours - up to four weeks;
- interprovincial fixtures and national championships - up to six weeks;
- international competition within New Zealand - one day for assembly and training, plus two days travelling time, plus the day or days of the fixture.
5.6.5 Cultural Leave
Where such leave is approved by the employer, teachers participating in recognised cultural activities within New Zealand or outside New Zealand are entitled to leave with pay on the same conditions as for sports leave.
5.6.6 Study Leave
- Teachers who apply for and may be awarded study leave as part of the
available nationally each year to area schools shall be granted leave on pay for the period of the study.
- five full time equivalent study leave positions or
- two full time equivalent study leave positions for pursuing studies in te reo Māori or Māori immersion learning
- Employers may approve leave without pay for pre-examination study and leave on pay for time spent sitting examinations, plus necessary travelling time.
- The employer may grant leave on pay to teachers who are awarded scholarships and fellowships for the duration of the agreement, plus reasonable travelling time.
5.6.7 Meetings of statutory and local authorities
- Teachers may be granted, by the employer, leave with pay plus necessary travelling time to attend meetings of statutory, local Mäori and other authorities (or in other circumstances leave without pay may be granted to attend such meetings).
- For the purposes of clause 5.6.7(a) the following are recognised Mäori authorities/organisations:
- New Zealand Māori Council;
- Māori Women’s Welfare League;
- Tribal Trust Boards;
- Iwi authorities;
5.6.8 Miscellaneous Leave
Leave with or without pay may be granted for the following purposes subject to the criteria set out below being met.
- Where a teacher is prevented from travelling from their home to work because of an emergency situation outside of the control of the teacher (up to 7 days leave with pay may be granted) provided that this provision is for emergencies only. Approval shall not be given where the teacher has advance notice or in circumstances where the teacher could be reasonably expected to have foreseen the situation arising. Where practicable the teacher is to inform the school of the reasons for the absence and is required to return to duty as soon as possible. Full details of the case shall be submitted.
- Search and rescue. Where a teacher is a member of an authorised search and rescue organisation and is requested by a responsible authority to take part in a search and rescue operation (leave with pay). Written evidence of the teacher’s participation in the search from the appropriate authority mentioned above is to be submitted to the employer.
- Outward Bound. Teachers selected for Outward Bound courses should, if possible, take the course during the long vacation. Where there are overlaps with term time and the employer supports the teacher’s attendance, leave with pay up to one week may be granted.
- Where a teacher is participating in an overseas tour by a school party approved by the employer (leave with or without pay for the duration of the tour).
- Rotary Group Exchange Tours
- A teacher selected to go on a Rotary group study exchange tour may, provided that they spend one full week of the tour on studies directly related to their position and, on their return produce a full report of these studies, be granted one week’s leave on full pay. All applications for this leave must be approved by the employer. In no circumstances shall leave with pay be granted in excess of one week.
- Leave with pay shall not be granted for Rotoract study tours.
5.6.9 Study Support Grant
- Twelve area school study support grants per annum shall be available nationally to fully registered teachers who are permanently appointed.
- Teachers who are awarded one of the 12 area school study support grants shall be entitled to a time allowance of 0.16 FTTE (equivalent to four hours per week). The time allowance shall be provided to the school as additional staffing entitlement.
- Each recipient of the area school study support grant shall be entitled to reimbursement of up to $500 towards their course fees on completion of the course.
Note: The parties may agree to review and amend the application process and criteria for the area school study support grants from time to time.
5.6.10 Sabbatical Leave Awards
- Six sabbatical leave awards per annum shall be available nationally for full-time registered teachers.
- Sabbatical leave is of ten weeks duration and is paid at the teacher’s normal salary.
5.7 Refreshment Leave
5.7.1 Full-time registered teachers who have attained the Experienced Classroom Teacher level of the Professional Standards shall be entitled (subject to 5.7.2) to take unpaid refreshment leave of one school term after three years in the school or up to one school year after five years in the school. When a period of refreshment leave has been taken, a further period of qualifying service in the school, from the date of return from leave, is required before the teacher may be considered for further refreshment leave.
5.7.2 Entitlement to refreshment leave is subject to:
- The teacher providing reasonable notice to the employer of their intention to take refreshment leave; and
- The employer's ability to find a suitable reliever to fill the vacancy created by the teacher taking the leave. A suitable reliever is a teacher who will be able, to the satisfaction of the employer, to relieve in the school during the period of the teacher's leave. The employer shall use reasonable endeavours to find a suitable reliever. Reasonable endeavours in this context means accessing the usual pool of relievers, advertising locally if necessary, and does not mean advertising regionally or nationally, except as required in this agreement. It does not require the employer to place more than one advertisement; and
- The teacher not being subject to current competence or disciplinary processes under this agreement or previous agreement or employment contract at the time that leave is sought; and
- The maximum number of teachers who can be on refreshment leave at any one time in a school is calculated as follows-
|Number of teachers in the school (FTTE)
||Maximum number of teachers who may be on refreshment leave at any one time|
|Up to 7 teachers||One teacher on leave|
|8 to 15 teachers||Two teachers on leave|
|16 to 21 teachers||Three teachers on leave|
|22 or more teachers||Four teachers on leave|
- Where more than the number of teachers provided for in 5.7.2 (d) within a school apply for sabbatical leave, the priority will be given to those with the greatest length of service in the school.
5.7.3 Time off on refreshment leave will count as service for the purpose of salary increments, long service and severance calculations. It will not count for the purposes of sick leave or holiday pay calculations or for entitlement to public holidays.
5.7.4 Teachers on refreshment leave of greater than one term who are eligible for an annual increment during the period of their leave shall not require attestation for that increment providing their previous two attestations were satisfactory.
5.7.5 A teacher may not take up a teaching position in another state or integrated school while on refreshment leave. This restriction does not preclude a teacher on refreshment leave agreeing to undertake occasional day-relief duties.
Note: The qualifying periods set out in 5.7.1 for refreshment leave relate solely to this provision and do not apply to any other forms of leave.
5.8 Other Forms of Leave
5.8.1 Nothing in this agreement limits the facility for teachers to apply to the employer for leave with or without pay in any circumstance specified or not.
5.9 Travelling Time for Leave Purposes
5.9.1 Where specifically approved in this agreement, travelling time with pay for a period up to seven days (exclusive of public holidays) may be granted subject to the following conditions:
- Leave for travelling can only be granted if the teacher is required to travel when the school is open;
- The quickest and most direct means of travel shall be used;
- No travelling time is granted for a journey that is preceded by leave without pay or for a return journey that is followed by a period of leave without pay.
5.10 Leave Records
5.10.1 Leave records for teachers should clearly indicate all sick leave, leave without pay, periods of special leave and periods during which accident compensation may be granted.