5.1

Sick Leave

5.1.1

An employee is entitled to 7 days' sick leave for each year of service, except that an employee working less than 5 days per week is entitled to only 5 days sick leave per year.

5.1.2

Sick leave is to be paid in respect of the actual working days but excluding any public holiday.

5.1.3

Unused sick leave shall be accumulated. It may not be anticipated except where the employer and employee agree.

5.1.4

An employee shall produce a medical certificate or other evidence of illness if required to do so by the employer for absences exceeding two days.

5.1.5

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 this is possible after that time.

5.2

Domestic Leave

5.2.1

Where an employee has an unused sick leave entitlement paid leave of up to five working days in any one year may be granted to an employee who finds it essential to remain at home where the employee's spouse, or a person who depends on the employee for care, is sick or injured.

5.2.2

Domestic leave is to be treated as though it were due to the employee's own sickness and set off against the employee's own sick leave entitlement. Its application in relation to notice and evidence of illness shall be consistent with 5.1.4 and 5.1.5 above.

5.3

Bereavement Leave

5.3.1

An employee may take paid bereavement leave of up to three days on the death of the employee's parent, spouse, child, brother, sister, spouse's parent, grandparent or grandchild.

5.3.2

An employer may in addition to the above entitlement, approve leave for an employee to discharge any obligations and/or to pay respects to a deceased person with whom the worker has had a close association. Such obligations may exist because of blood or family ties or because of a particular cultural and/or religious requirement that the employee seeks to be involved in for the whole or part of the ceremonies to be undertaken. The length of time off and the payment or non-payment for the time off shall be at the discretion of the employer.

5.4

Public Holidays

5.4.1

The Holidays Act 2003 and its subsequent amendments shall apply except where otherwise provided.

5.4.2

The following days shall be observed as public holidays and paid in accordance with the provisions set out below: New Years Day, 2 January, Waitangi Day, Good Friday, Easter Monday, Easter Tuesday, ANZAC Day, Anniversary Day (or another day in lieu thereof), the birthday of the reigning Sovereign, Labour Day, Christmas Day and Boxing Day.

5.4.3

If the employee does not work on a public holiday and the day would otherwise be a working day for the employee, the employer must pay the employee not less than the employee's relevant daily pay for that day.

5.4.4

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.

5.4.5

Should any of the statutory holidays mentioned in subclause 5.4.2 (except Waitangi Day or ANZAC Day) fall on a Saturday or a Sunday, such holiday shall be observed on the following Monday or Tuesday as provided for under Section 45 of the Holidays Act 2003.

5.5

Annual Leave

5.5.1

Annual holidays shall be allowed and paid in accordance with the Holidays Act 2003 and its amendments.

5.5.2

Service holiday - Upon completion of four years' continuous service within the state education service, each employee shall for the fifth and subsequent years be entitled to annual holiday of four weeks instead of three weeks as prescribed above. The fourth week's holiday may be taken in conjunction with or separately from the first three weeks holiday as the employer may decide and in a manner agreed upon between the employer and the worker.

5.5.3

When it is customary for the employer to implement a closedown at least 14 days advanced notice shall be given. The nominated date will be treated as the date the closedown begins and the date on which the employee becomes entitled to annual holidays. For employees in their first year of employment, the level of annual holiday pay for the period of the closedown can be established by the employer paying the employee 6% of gross earnings to date.

5.5.4

Where a worker is entitled to an annual holiday of four weeks, the provisions of subclause 5.5.3 shall be modified to provide payment of an amount equal to 8 per cent of the worker's gross taxable earnings for the period of his/her employment.

5.5.5

Except as provided under 5.5.2 Annual Leave shall be taken in the year it falls due. Any unused Annual Leave may only be carried forward to the following year with the agreement of the employer.

5.6

Special Holidays for Long Service

5.6.1

A worker shall be entitled to special holidays as follows:

(i)

one special holiday of two weeks after the completion of 15 years and before the completion of 25 years of continuous service within the state education service.

(ii)

one special holiday of three weeks after the completion of 25 years and before the completion of 35 years of continuous service within the state education service.

(iii)

one special holiday of five weeks after the completion of 35 years' continuous service within the state education service.

5.6.2

Should a worker have completed 25 years of continuous service within the state education service prior to the date of this agreement, he/she shall not be entitled to the special holiday provided for in paragraph (i) of subclause 5.6.1. Should a worker have completed 35 years of continuous service within the state education service prior to the effective date of this agreement, he/she shall not be entitled to the special holiday provided for in paragraphs (i) and (ii) of subclause 5.6.1.

5.6.3

All such special holidays provided for in 5.6.1 shall be on ordinary weekly pay as defined by the Holidays Act 2003, and may be taken in one or more periods and at such time or times as may be agreed by the employer and the worker.

5.6.4

If a worker, having become entitled to a special holiday, leaves his/her employment before such holiday has been taken, he/she shall be paid in lieu thereof.

5.6.5

The provisions of this clause shall not apply where an employer has in operation, or brings into operation, an alternative scheme for rewarding service which is not less favourable to the worker than the foregoing.

5.7

Jury Service

Paid leave shall be granted to a worker required to perform jury service subject to the worker paying to the employer all his/her jury service remuneration.

5.8

Parental Leave

Parental leave shall be allowed in accordance with the requirements and provisions of the Parental Leave and Employment Protection Act 1987.