PART FOUR: HOLIDAYS AND LEAVE PROVISIONS

4.1 PUBLIC HOLIDAYS

(a) The following paid holidays shall apply to employees covered by this agreement: Christmas Day, Boxing Day, New Year's Day, the second day of January, Good Friday, Easter Monday, ANZAC Day, Labour Day, the birthday of the reigning Sovereign, Waitangi Day and the provincial anniversary day.

(b) Where an employee is required by their employer to work on a Public Holiday they shall be entitled to be paid in accordance with s.50 of the Holidays Act 2003.

4.2 ANNUAL LEAVE

The overall objective of Part 4 of this agreement as it relates to Annual Holidays, together with 2.6, is to ensure that employees receive a full years’ salary for each full year of employment.

(a) In addition to public holidays, employees shall be entitled to six weeks paid annual holidays in respect of each completed year of service.

(b) Employees shall be entitled to one day's paid holiday to be taken between Christmas and New Year in addition to the annual leave entitlement.

(c) Subject to the specific provisions of this agreement, the provisions of the Holidays Act 2003 shall apply.

(d) Employees agree to take their annual leave in advance of the entitlement falling due, except where there is agreement between the employer and employee to do otherwise.

(e) Employees shall take annual leave when the kindergarten is closed for instruction except where there is agreement between the employer and employee to do otherwise. Any annual leave unable to be taken when the kindergarten is closed for instruction shall be taken by agreement.

(f) Subject to the above: where agreement between the employer and employee cannot be reached, the employer may direct the employee to take annual holidays upon not less than 14 days notice; the employer shall not unreasonably withhold consent to an employee’s request to take annual holidays.

(g) Employees who are absent on leave without pay in excess of five working days in any 12 months preceding their annual leave anniversary date shall have deducted from the following period of annual leave, one half day's pay for every four day's leave without pay. Where the employee's annual leave has been exhausted, one half day's pay shall be deducted from their term break leave entitlement (see 2.6) for every four day's leave without pay.

Provided that no deductions will be made for any days where employees are required to attend the kindergarten or elsewhere during a term break.

(h) For the purposes of calculating the entitlement to annual leave, professional time (which includes term breaks) or the entitlement to be paid when the kindergarten is closed for instruction pursuant to 2.6 of this agreement:

(i) in the case of a resignation, the termination date of the employee shall be the date that the employee nominates as being the last date that the employee will be available to attend the kindergarten or elsewhere to carry out duties and responsibilities connected with that employee's employment

(ii) in the case of termination by the employer, the termination date of the employee shall be the date specified by the employer in the notice of termination in accordance with 2.10.

(i) Where an employee ceases employment before taking any annual leave, the employer shall pay to such employee a sum equivalent to 12 percent of their gross earnings for the period when no annual leave was taken.

(j) Where an employee's employment terminates on the last working day before a public holiday, the employee shall be entitled to be paid for the public holiday concerned.

(k) Where an employee ceases employment before taking the proportion of their full entitlement of annual leave for the period that they were employed, the employer shall pay to such employees upon termination, the balance of the proportion of annual leave outstanding at the date of termination.

(l) Where an employee ceases employment and has received an annual leave payment in excess of their entitlement, the employer shall not pursue any recovery action for that sum.

4.3 SICK LEAVE

(a) Permanent full-time, part-time and long-term relieving employees shall be entitled to paid sick leave in accordance with the provisions specified below. Transitional provisions applying to employees employed as at 17 February 1995 are specified in 4.3(l).

(b) Minimum Entitlement

Except as provided for in 4.3(l) an employee who works for the employer for the period of more than six months shall be entitled to five days' paid sick leave in each ensuing 12 month period on account of illness or injury of the employee.

(c) Additional Entitlement

(i) Except as provided for in 4.3(l) , in addition to the minimum entitlement specified in 4.3(b), the following sick leave shall be granted:

(ii) In exceptional circumstances the employer may grant sick leave with pay in anticipation of future entitlements under 4.3(c) (i) provided that no extension may be granted beyond 106 days. Where the employee has anticipated sick leave, the necessary adjustment will be made to the employee's final pay should the employee's employment be terminated before the next sick leave entitlement falls due, unless the employer determines otherwise.

(d) Any sick leave entitlement granted under 4.3(b) and (c) which is not used can be accumulated for subsequent use up to a maximum of 180 days, except that employees with an accumulated sick leave entitlement in excess of 180 days as at 17 February 1995 shall retain that entitlement.

(e) (i) Any sick leave entitlement shall be debited on the basis of working days of absence.

(ii) Part-time teachers will have sick leave debited only for days normally worked.

(f) Discontinuous service with the same employer may be recognised for sick leave purposes.

(g) When sick leave of five days or more is taken, a medical certificate from a registered medical or dental practitioner must be produced at the employee's expense if the employer so requires. Where it is considered warranted, the employer may require an employee to produce a medical certificate or other evidence satisfactory to the employer when less than five days' sick leave is taken.

(h) Disregarded Sick Leave

Sick leave not exceeding an overall aggregate of two years may be granted by the employer in circumstances where an illness can be traced directly to the conditions or circumstances under which the employee is working, or where an injury suffered by the employee in the discharge of duties occurred through no fault of the employee, and where payment has not been made by the Accident Rehabilitation and Compensation Insurance Corporation. Leave granted under this sub-clause will not be debited from the employee's sick leave entitlement.

(i) Service Recognition

(i) For the purposes of calculating additional entitlement to sick leave, the employer shall recognise service as a teacher in a licensed early childhood centre, as a senior teacher with a kindergarten association, service in a teaching capacity in the Early Childhood Service of the Correspondence School, in a teaching capacity elsewhere in the education service, or as an officer in the state services as defined in the State Sector Act 1988, or in any amendment passed in substitution for that Act.

(ii) For the purposes of calculating additional entitlement to sick leave, part-time teaching service is assessed on the basis that eighty hours equals one-month's service or 1,000 equals one-year's service. Where part-time service consists of 20 or more child contact hours per week it may be credited as full-time service.

(iii) Notwithstanding the above, employees who were employed as at 19 October 1992 shall continue to have all periods of service previously recognised for sick leave purposes credited for sick leave purposes.

(j) Change of Employer

(i) Where an employee commences employment with another kindergarten association, or where an employee comes from employment with the Early Childhood Service of the Correspondence School, the employee shall be entitled to transfer 50 days accumulated sick leave, plus half of the additional accumulated sick leave between 50 and 100 days up to a maximum of 75 days.

(ii) The employee's entry point into the table in 4.3(c) shall be on the basis of their previous recognised service as per 4.3(i).

(iii) An employer may agree to transfer accumulated sick leave entitlements in excess of the amount specified in 4.3(j) (i).

(k) Domestic Leave

The employer shall grant sick leave in accordance with this clause when the employee is absent from work to attend a member of the employee's family/whānau, who through illness, is dependent upon the employee. Such leave shall be debited against the employee's entitlement under either 4.3(b) or (c). For the avoidance of doubt, the employee's family / whānau shall include the employee's spouse or partner, a dependent child or dependent parent of the employee or of the employee's spouse or partner or any relative or person who is demonstrated to have a dependency on the employee.

(l) Transitional Provisions

Employees employed as at 19 October 1992 are not entitled to an additional allocation of days under 4.3(c) until they move into the next period of service under that sub-clause. Such employees shall not be entitled to the minimum of five days sick leave specified in 4.3(b) until they are eligible to move into the next entitlement period under 4.3(c) unless they have exhausted their sick leave entitlement. Those employees who exhaust their sick leave entitlement or who transfer with fewer than five days sick leave shall be granted sick leave in accordance with the provisions of the Holidays Act 2003 until they move into their next period of service under 4.3 (c).

(m) These provisions shall be inclusive of and not in addition to the provisions of the Holidays Act 2003.

Note: For short term relievers the sick leave provisions of the Holidays Act 2003 shall apply.

4.4 BEREAVEMENT / TANGIHANGA LEAVE

(a) An employee shall be granted bereavement leave with pay to discharge their obligation and/or 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).

(b) In granting time off therefore, and for how long, the employer must administer these provisions in a culturally sensitive manner, taking into account the following points:

(i) the closeness of the association between the employee and the deceased. (Note: This association need not be a blood relationship);

(ii) whether the employee has to take significant responsibility for any or all of the arrangements to do with the ceremonies resulting from the death;

(iii) the amount of time needed to discharge properly any responsibilities or obligations;

(iv) reasonable travelling time should be allowed, but for cases involving overseas travel that may not be the full period of travel;

(v) a decision must be made as quickly as possible so that the employee is given the 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;

(vi) if paid leave is not appropriate then leave without pay should be granted, but as a last resort.

(c) In operating provisions of (a) and (b) above, the employer shall recognise at least the minimum entitlements provided under statute.

4.5 PARENTAL LEAVE

Attention is drawn to the Parental Leave and Employment Protection Act 1987 (including paternity leave). The provisions of this Act shall apply to all employees. This includes entitlements for both partners to share the provisions of the Act.

The following additional provisions shall apply specifically to female employees:

(1) Maternity Leave

(a) Permanent full-time teachers, permanent part-time teachers and long-term relieving teachers: An employee who is pregnant is entitled to maternity leave without pay, and protection of employment.

Leave may commence at any time during the pregnancy subject to the employee giving the employer one month's notice in writing, supported by a medical certificate. A shorter period of notice shall be accepted on the recommendation of a medical practitioner.

(i) A female employee with 12 months or more service, but excluding any periods of teacher's college or university training, shall be entitled to up to 12 months' leave from the date of birth, and may be granted up to 12 months' additional leave at the discretion of the employer.

(ii) A female employee with less than 12 months' service shall be entitled to six months' leave and may be granted up to six months' additional leave at the discretion of the employer.

(iii) A female employee intending to legally adopt a child under the age of 12 months subject to satisfactory evidence shall be entitled to maternity leave from the date of assuming responsibility for the child as if 4.5(1)(a)(i) or (ii) above applied. The requirement of one month's notice does not apply.

(iv) The employee's position shall be held open 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 is to return to work. Such date to be set in agreement with the employer. Advertised relieving vacancies will be tagged accordingly.

(2) Maternity Grant

(a) Where a permanent full-time, permanent part-time, or long term relieving female employee exercises her entitlement to parental leave and subsequently returns to work before or upon the expiry of that leave, that employee shall be paid at that time a maternity grant as specified in 4.2(b) at the rate of one week for each week of employment for the first six weeks. An employer may agree to pay such grant on departure for the leave or prior to return.

(b) Amount

The amount of the grant is calculated on the basis of six weeks’ full salary at the rate applicable to the employee at the date of birth (or placement in the case of adoption) to the position from which the teacher was granted leave. 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 received.

Note: "Birth" means the birth of a child, whether live or still born, within the meaning of the Births, Deaths and Marriages Registration Act 1995.

4.6 COURT LEAVE

An employee shall be entitled to paid leave for court service, provided that the employer shall be entitled to receive payment of any juror or witness fee from the employee.

4.7 SPECIAL PURPOSE LEAVE

(a) The employer may grant leave with or without pay to a permanent full-time, permanent part-time or long-term relieving employee in accordance with the employer's leave policy. Such leave shall not be unreasonably withheld. In granting such leave, the employer may make provision for any necessary travelling time.

(b) Policy on special leave for family reasons shall recognise the following definition of family:

The employee's spouse / partner, children, parents, or near relatives, which shall include grandparents, parents-in-law, sons-in-law and daughters-in-law, grandchildren, kaumatua, kuia, mokopuna, whangai / foster child and matua whangai / foster parent.

Note: Kaumatua / Kuia in the context of this provision means respected elder of the kin group or one who has close links with the kin group. The terms do not exist beyond those degrees of relationship