Part 4 Conditions Relating to Leave

4.1 Sick Leave

4.1.1 The employer shall grant sick leave on full pay as set out below. The following sick leave allocation applies to new employees and existing employees as per 4.1.4.

4.1.2 Minimum entitlement

An employee who works for the employer for a period of more than six months, or who has service recognised for the purposes of sick leave (as defined in clauses 4.2.1 and 4.2.2) which exceeds 6 months, shall be entitled to 5 days sick leave on pay on account of sickness or injury, in each ensuing period of 12 months. Unused sick leave under this provision may be accumulated and used at a later date but the next year’s entitlement cannot be anticipated.

4.1.3 Additional entitlement

In addition to the entitlement in 4.1.2, the following sick leave shall be granted:

Table A

1. Unused sick leave granted under Table A can be accumulated and used at a later date.
2. In exceptional circumstances the employer may grant sick leave with pay in anticipation of future entitlements under Table A, provided that no extension may be granted beyond 106 days. Before approving any such extension the employer shall ensure that any extension complies with any funding arrangements applying to the school.

4.1.4 Transitional Sick Leave

An employee who was employed by an employer immediately prior to 1 July 1992 shall have their sick leave calculated on the following basis:
The employee shall be entitled to the balance of the sick leave on pay that the employee was entitled to as at 30 June 1992 as determined from Table B (which table is taken from the 1992/94 Primary Teachers’ Collective Employment Contract).

Table B

1. If the balance of sick leave under this clause works out at less than 5 days per year then the employee shall be entitled to up to 5 days sick leave on pay per year.
2. Once the employee has completed a single period of service in Table B (e.g. over 5 years and up to 10 years) the sick leave on pay provisions in clause 4.1.2 and clause 4.1.3 shall apply. The employee’s entry point on Table A shall be worked out according to the employee’s years of service (service for this purpose is defined in 4.2.1 and 4.2.2).
3. Any sick leave entitlement under Table B remaining after the completion of the relevant period of service and any other sick leave entitlements under this agreement shall be accumulated.
4. In exceptional circumstances the employer may grant sick leave with pay in anticipation of future entitlements under Table B, provided that no extension may be granted beyond 306 days. Before approving any such extension the employer shall ensure that any extension complies with any funding arrangements applying to the school.

4.1.5 The provisions of this clause regulate the application of paid sick leave under clauses 4.1 and 4.2:

1. Sick leave is to be debited on the basis of days of absence where absence does not exceed five consecutive working days; or
2. On the basis of continuous days where the absence exceeds five consecutive working days;
3. No deduction will be made for absences of less than two hours;
4. Part-time employees shall have sick leave debited only for days normally worked (i.e. ignoring intervening days not worked). Debiting will be on the basis of one full day sick leave for each working day lost provided that where a part-timer is absent for 2 consecutive working days surrounding a weekend, then one weekend day will be debited in addition to the days normally worked.

4.1.6 Notwithstanding clause 4.1.1, a short term reliever shall have a sick leave entitlement on the basis of service completed since the last date of permanent employment.

4.2 Sick Leave – Miscellaneous Provisions

4.2.1

1. 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, a school board of trustees, the controlling authority of a technical institute or community college, a free kindergarten association, a college of education, the Department of Education, 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. Paid study leave is counted for service purposes. Part-time teaching service is assessed on the basis that 80 hours equal one month’s service or 1,000 hours 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.
2. From 13 December 2007, clause 4.2.1 (i) shall apply to Speech Language Therapists on the basis that no Speech Language Therapist covered by this agreement or any previous Primary Teachers’ Collective Agreement shall have their service prior to this date recalculated as a result of the operation of this clause.

4.2.2 Service does not include study time either before entry into the education service or during the period of unemployment, teaching in private schools (except for teachers in integrated schools), teaching overseas (except in the Pacific countries listed in 4.2.1).

4.2.3 The employer shall grant up to 20 days per annum sick leave with pay, as a charge against the employee’s sick leave, in accordance with this clause when the employee is absent from work to attend a member of her or his household who, through illness, is dependent upon the employee. The employer may grant additional paid leave as a charge against the employee’s sick leave in accordance with this clause. For the avoidance of doubt it is declared that members of the employee’s household include the employee’s spouse or partner, children, grandchildren, parents or any relative or person who is demonstrated to have a dependency on the employee.

4.2.4 When in excess of five days sick leave is taken by the employee, for reasons of their own sickness or injury or to care for a member of the employee’s household as provided for in 4.2.3, a current medical certificate from a registered medical or dental practitioner must be produced if the employer so requires.

4.2.5 Disregarded sick leave not exceeding an overall aggregate of two years shall be granted by the Secretary for Education in the following circumstances:

1. The sickness can be traced directly to the conditions or circumstances under which the employee is working; or
2. The injury was suffered by the employee in the discharge of duties through no fault of the employee; and in circumstances where payment has not been made by the Accident Compensation Corporation; or
3. In the opinion of the Secretary for Education, the absence was due to war injury or to war service; or
4. The absence was due to the employee contracting a disease which, in the opinion of the Secretary for Education, was for the time being epidemic, or by reason of the employee 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 the disregarded sick leave is the time that the employee’s doctor decides is necessary for the employee to remain away from school.
5. Any employer who grants disregarded sick leave without first receiving written concurrence from the Secretary for Education shall be liable for the payment.

4.2.6 An employer may grant an employee who contracts tuberculosis disregarded 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 employee is entitled with full salary in accordance with the scale set out in clause 4.1 above if the employee enters, or is placed on a waiting list for entry to a recognised institution.

4.2.7 Notwithstanding 4.2.6 above, holders of long term relieving appointments and employees available for and eligible for future permanent appointments shall only be granted disregarded sick leave, as provided for in 4.2.5 above, where they have been in continuous employment before the date of application and have been medically examined before entry into the teaching service.

4.3 Parental Leave

Note clauses 4.3.1 – 4.3.8 provide a general summary of an employee’s rights under The Parental Leave and Employment Protection Act 1987. Employees are encouraged to contact the Employment Relations Service on 0800 20 90 20 for more information on parental leave.

4.3.1 The provisions of the Parental Leave and Employment Protection Act 1987 shall apply, except in the case of superior provisions listed below.

4.3.2 The Act provides entitlements to prospective parents, including those adopting a child no more than 5 years of age, who meet specific criteria, as set out in the Act. Those entitlements are:

1. Maternity leave of up to 14 weeks;
2. Special leave (pregnancy–related) of up to 10 days;
3. Paternity/partners leave of up to 2 weeks;
4. Extended leave of up to 52 weeks;
5. Up to 14 weeks of parental leave payments.

4.3.3 An employee’s employment is protected while they are on an approved period of parental leave.

4.3.4 Employees are eligible for maternity leave, special leave, paternity/partners leave and the IRD paid parental leave payments if they have been employed by their employer for an average of at least 10 hours a week, with at least one hour in every week or 40 hours in every month, for the preceding 6 or 12 months immediately prior to the due date or date of adoption(s).

4.3.5 Employees who have been employed by their employer for an average of at least 10 hours a week, with at least one hour in every week or 40 hours in every month, over the preceding 12 months are also eligible for extended leave.

4.3.6 Employees concurrently or consecutively employed by more than one board of trustees are treated as being employed by a single employer.

4.3.7 The Act has strict notice requirements regarding taking parental leave and intention to return to work. For clarity, when applying for parental leave the employee must specify the date upon which she/he will return to work. At least 21 days prior to this date the employee must notify the employer in writing of their intention to return or not return to work. Except in the case of 4.3.8 below, employers are not obliged to allow the employee to return earlier or later than the date the employee has specified in their original letter applying for parental leave.

4.3.8 Where the employee has suffered a miscarriage or a still birth the employee can elect to return to work immediately.

4.3.9 In addition to an employee’s rights under the Act, the following shall apply:

1. Employees intending to resign because of pregnancy or the birth of a child must be advised of their right to take parental leave;
2. Maternity leave may commence at any time during the pregnancy, subject to the employee giving the employer one months notice in writing supported by a medical certificate. A shorter period of notice will be accepted on the recommendation of a medical practitioner.
3. Any maternity leave taken will not count against the extended leave entitlement;
4. A female employee with less then 52 weeks’ service shall be entitled to 26 weeks leave from the date of birth and may be granted up to 26 weeks additional leave at the discretion of the employer.

4.3.8 Maternity Grant

1. The maternity grant is payable to a female employee on production of a birth certificate or evidence of an approved adoption placement. This entitlement is payable if the employee qualifies for maternity leave or resigns because of pregnancy or adoption, except as follows: The maternity grant is not payable where a teacher has not produced a medical certificate confirming pregnancy, or confirmation from the relevant government department of suitability as an adoptive parent, before commencing leave or resigning. No provision is made for payment of a maternity grant in the case of a miscarriage.
2. The amount of the grant is calculated on the basis of 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 the teacher was granted leave of absence or resigned as the case may be. However, a woman who works less than full normal hours for a short period only, prior to her taking parental leave, may have her case for full payment considered by the employer. When a teacher is absent on parental leave for less than six weeks (30 working days), the full grant equivalent to six weeks salary is still payable. The maternity grant is not reduced because salary is being received.

Note:Employees on parental leave have access to the surplus staffing provisions of this Agreement.

4.4 Bereavement/Tangihanga Leave for Death in New Zealand or Overseas

4.4.1 An employer shall approve special bereavement/tangihanga leave on pay for an employee to discharge any obligation and/or to pay respects to a deceased person with whom the employee has 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.

4.4.2 In granting leave the following must be taken into account:

1. The closeness of the association between the employee and the deceased (Note: This association need not be a blood relationship);
2. Whether the employee has to take significant responsibility for any or all of the arrangements to do with the ceremonies resulting from the death;
3. The amount of time needed to discharge properly any responsibilities or obligations;
4. Reasonable travelling time should be allowed, but for cases involving overseas travel that may not be the full period of travel;
5. When an unveiling ceremony occurs on a school working day, leave on pay shall be granted.

4.5 Discretionary Leave

4.5.1 The employer may, where there are special circumstances, grant discretionary leave with or without pay to any employee during periods when the school is officially open for instruction, provided that such leave does not unreasonably impinge upon the operational requirements of the school.Before approving any discretionary leave, the employer shall ensure that the granting of such leave complies with any funding arrangements applying to the school in respect of such leave. Leave may be granted for a variety of activities, including for example:

• Accident/illness of a family member*
• Attending education appointments/interviews
• Civil defence duties
• Court proceedings
• Cultural activities (domestic/overseas)
• Days of significance to Māori (e.g. Ratana Day)
• Disciplinary/grievance/dispute hearings
• Educational courses/conferences/examinations/hui
• Meetings of statutory authorities
• Outward bound courses
• Religious observances (e.g. Jewish New Year or Day of Atonement)
• Sporting activities.

The employer shall give favourable consideration to granting discretionary leave to an employee who is absent from work to attend to a dependant of the employee.

Note: A family member is: spouse, partner, child, sister, brother, parent, grandparent, grandchild, kaumatua, mokopuna, tamaiti whangai, matua whangai, near relative, near relative-in-law, a member of the household or a person dependent on the employee.

4.5.2 Jury Service and Witness Leave
Except where employees are pursuing their own interests or where answering charges against themselves, the employer will grant leave with pay when an employee is required by subpoena to attend court proceedings as a witness or to serve on a jury, provided that where fees are paid, these fees shall be repaid to the employer for repayment to the Public Account.

4.6 Study Leave

4.6.1 Any teacher who applies for and is awarded one of the 75 full time equivalent Study Awards, available nationally each year to all primary teachers and principals, shall be granted leave on pay for the period of the study. The priorities for the awarding of the study awards shall be as determined by the Ministry of Education after consultation with the NZEI Te Riu Roa.

4.6.2 In allocating study awards the good employer requirements of s77A of the State Sector Act 1988 shall be considered.

4.6.3 Up to five of the 75 awards may be available to teachers or principals who intend to undertake an agreed project of research in education.

4.7 Unpaid Refreshment Leave

4.7.1 Full-time registered teachers and part time teachers employed for at least 0.8 FTTE per week, attested at the experienced teacher level against the professional standards in this Agreement, shall be entitled (subject to 4.7.2) to take unpaid refreshment leave of one school term after three years service in the school or up to one school year after five years service in the school. When a period of unpaid 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 unpaid refreshment leave.

4.7.2 Entitlement to unpaid refreshment leave in clause 4.7.1 is subject to:

1. 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 to fill a vacancy of one year’s duration. It does not require the employer to place more than one advertisement; and
2. The teacher not being subject to current competency or disciplinary processes at the time that leave is sought; and
3. The maximum number of teachers who can be on unpaid refreshment leave at any one time in a school is calculated as follows:

   Number of Teachers in the School (Headcount)	Maximum Number of Teachers Who may be on Unpaid refreshment Leave at Any One Time
   Up to 7 teachers	One teacher on leave
   8 to 15 teachers	2 teachers on leave
   16 to 21 teachers	3 teachers on leave
   22 or more teachers	4 teachers on leave



4. Where more than the number of teachers provided for in 4.7.2(c) within a school apply for unpaid refreshment leave, the priority will be given to those with the greatest length of service in the school.

4.7.3 Time off on unpaid refreshment leave will count as service for the purposes 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.

4.7.4 Where a teacher on unpaid refreshment leave of greater than one term is due an annual increment during the period of their leave, they shall not require attestation for that increment where their last two attestations were satisfactory.

4.7.5 A teacher taking unpaid refreshment leave shall not accept employment as a teacher or principal in another state or state integrated New Zealand school. However, a teacher may agree to undertake occasional day relief work.

4.8 Paid Sabbatical Leave

4.8.1

1. There will be 50 paid sabbaticals awarded annually.
2. Each period of paid sabbatical leave will be of ten weeks duration paid at the rate of the teacher’s normal pay.

4.8.2 Entitlement to the paid sabbatical leave is subject to the following provisos:

1. A teacher must have completed service of at least five years as a teacher, three of which must have been spent in the New Zealand state and state integrated sector to qualify for paid sabbatical leave;
2. Application by the teacher identifying the purposes for which they would use the sabbatical and the likely benefits to the school or the sector more widely;
3. Application by the teacher with the support of his/her principal and school board of trustees; and
4. Paid sabbatical leave may be used for a wide range of purposes including research or study.

4.8.3 Operation of the paid sabbatical leave scheme

1. The approval of a research proposal and the granting of paid sabbatical leave under the Primary Teachers' Collective Agreement is done by a Sabbatical Award Group which comprises of one nominee from each of the Ministry of Education, the NZEI Te Riu Roa, and NZSTA.
2. The scheme will be transparent and use the selection criteria developed by the Ministry of Education, the NZEI Te Riu Roa and NZSTA, outlined in the Primary Teachers’ Paid Sabbatical Leave Scheme Guidelines.

4.8.4 Report and publication

1. Upon completion of the paid sabbatical leave teachers will submit a report to the Sabbatical Award Group for publication. The report should outline the teachers’ experiences and what they have learnt through the paid sabbatical leave to be shared with other primary teachers, thus maximising the benefit to other primary teachers and schools promoting collaboration and sharing of innovation and effective practice and creating a body of research and information available to all primary teachers.