Part 7: Leave

7.1 Sick Leave

7.1.1 The employer shall grant sick leave on full pay as set out below.  The following sick leave allocation applies to all principals.  A principal who was employed by an employer immediately prior to 1 July 1992 shall have their transitional sick leave entitlement calculated on the basis set out in clause 7.1.4.

7.1.2 Minimum Entitlement

A principal 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 7.2.1 and 7.2.2) 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.

7.1.3 Additional Entitlement

In addition to the entitlement in 7.1.2, the following sick leave shall be granted:

Table A

(a) Unused sick leave granted under Table A can be accumulated and used at a later date.

(b) 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.

7.1.4 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 that employee was entitled to as at 30 June 1992 as determined from table B below:

Table B

(a) 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.

(b) 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 7.1.2 and clause 7.1.3 shall apply.  The employee’s entry point on table A shall be worked out according to the principal’s years of service (service for this purpose is defined in 7.2.1 and 7.2.2).

(c) 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.

(d) 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.

7.1.5 The provisions of this clause regulate the application of paid sick leave under clauses 7.1 and 7.2.

(a) sick leave is to be debited on the basis of days of absence where absence does not exceed five consecutive working days; or

(b) on the basis of continuous days where the absence exceeds five consecutive working days;

(c) no deduction will be made for absences of less than two hours.

7.2 Sick Leave – Miscellaneous Provisions

7.2.1 For the purposes of this clause “service” in relation to the total period of a principal’s service means full-time employment as a principal 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 teachers’ college, the Department of Education, the Ministry of Education, a university, or an agricultural college; as a principal 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 equals one month’s service or 1,000 hours equals 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.

7.2.2 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 principals in integrated schools), teaching overseas, except in the Pacific countries listed in 7.2.1.

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

7.2.4 When in excess of five days sick leave is taken by the principal, for reasons of their own sickness or injury or to care for a member of the principal’s household as provided for in 7.2.3, a current medical certificate from a registered medical or dental practitioner must be produced if the employer so requires.

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

(i) The sickness can be traced directly to the conditions or circumstances under which the principal is working; or

(ii) The injury was suffered by the principal in the discharge of duties through no fault of the principal; and in circumstances where payment has not been made by the Accident Compensation Corporation; or

(iii) In the opinion of the Secretary for Education, the absence was due to war injury or to war service; or

(iv) The absence was due to the principal contracting a disease which, in the opinion of the Secretary for Education, was for the time being epidemic, or by reason of the principal 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 principal’s doctor decides is necessary for the principal to remain away from school.

7.2.6 An employer may grant a principal 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 principal is entitled with full salary in accordance with the scale set out in clause 7.1 above if the principal enters, or is placed on a waiting list for entry to a recognised institution.

7.2.7 Notwithstanding 7.2.6 above, holders of long term relieving appointments and principals available for and eligible for future permanent appointments shall only be granted disregarded sick leave, as provided for in 7.2.5 above, where they have been in continuous employment before the date of application and have been medically examined before entry into the teaching service.

7.3 Bereavement / Tangihanga Leave

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

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

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

(b) Whether the principal has to take significant responsibility for any or all of the arrangements to do with the ceremonies resulting from death;

(c) The amount of time needed to discharge properly any responsibilities or obligations;

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

(e) When an unveiling ceremony occurs on a school working day, leave on pay shall be granted.

7.4 Discretionary Leave

7.4.1 The employer may, where there are special circumstances, grant discretionary leave with or without pay to any principal 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.

(Note: Where leave is granted for family reasons, family shall include: 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 principal.)

7.4.2 The employer shall give favourable consideration to granting discretionary leave to a principal who is absent from work to attend to a dependent of the principal.

7.5 Parental Leave

7.5.1 The provisions of the Parental Leave and Employment Protection Act 1987 shall apply.

7.5.2 A principal absent on parental leave is required to give at least one month’s notice of their intention to return to duty.  This clause shall not apply in the case of a principal who has had a miscarriage or stillbirth.  In such cases the principal may elect to return to work immediately.

7.5.3 In addition to the provisions applying pursuant to the Parental Leave and Employment Protection Act the following shall apply:

(a) Any maternity leave taken shall not count against the extended leave entitlement;

(b) A female employee with less than 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;

(c) Principals intending to resign because of pregnancy or the birth of a child must be advised of their right to take parental leave;

(d) Maternity leave may commence at any time during the pregnancy subject to the principal 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.

7.5.4 Maternity Grant

(a) The maternity grant is payable to female principals on production of a birth certificate or evidence of an approved adoption placement, whether she qualifies for maternity leave without pay or resigns because of pregnancy or adoption except as follows: The maternity grant is not payable where a principal 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.

(b) 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 principal 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 principal is absent on maternity 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:  Principals on parental leave have access to the surplus staffing/school closure provisions of this Agreement.

7.6 Study Leave

A principal 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.

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

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.

7.7 Refreshment Leave

7.7.1 Principals attested as meeting the principals professional standards in this Agreement shall be entitled (subject to 7.7.2) 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 principal may be considered for further Refreshment leave.

7.7.2 Entitlement to Refreshment Leave in clause 7.7.1 is subject to:

(a) The employer’s ability to find a suitable reliever to fill the vacancy created by the principal taking the leave, including any consequential vacancy arising as a result of an existing employee acting in the principal’s position.  A suitable reliever is a person who will be able to the satisfaction of the employer, relieve in the school during the period of the principal’s leave.  The employer shall use reasonable endeavours to find a suitable reliever.  Reasonable endeavours in this context means accessing suitable relievers from current staff, e.g., DP or AP and/or 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

(b) the principal not being subject to current competency or disciplinary processes.

7.7.3 Time off on Refreshment leave will count as service for the purposes of 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.

7.7.4 A principal taking Refreshment leave shall not accept employment as a teacher or principal in another state or integrated NZ school.  However, a principal may agree to undertake occasional day relief work.

7.8 Paid Sabbatical Leave

7.8.1 Paid sabbatical leave positions, each of one term, based on ten weeks per annum, will be available to primary principals in accordance with the provisions of this clause. The number of positions available annually shall be:

For 2008 – 40 paid sabbatical leave positions;

From January 2009 – 80 paid sabbatical leave positions;

From January 2010 – 100 paid sabbatical leave positions.

7.8.2 A principal must have completed a minimum of five years service as a principal in state and state integrated schools to qualify for paid sabbatical leave.

7.8.3 In applying for paid sabbatical leave, a principal would develop a proposal for sabbatical leave in consultation with their board, identifying the purposes for which they would use the sabbatical and the likely benefits to the school or the sector more widely. Sabbatical leave could be used for a wide range of purposes such as research, study, reflection and school visits. 

7.8.4 The scheme will be transparent and use criteria developed by the Ministry of Education, the NZEI Te Riu Roa and NZSTA for the selection of recipients.  It will operate according to a process similar to that for study leave in 7.6 with representation from NZEI Te Riu Roa principals, NZSTA and the Ministry of Education on the selection panel.

7.8.5 Principals would share their experiences and what they have learnt through sabbatical leave with other principals and boards through LeadSpace or other forums, thus maximising the benefit to other principals and schools promoting collaboration and sharing of innovation and effective practice and creating a body of research and information available to all principals.

7.8.6 Guidelines (including closing dates) and application forms are available on www.minedu.govt.nz.

7.9 Professional Development Release Time for First Time Principals

From January 2008 first time principals employed in a U1 to U2 grade primary school shall receive 10 days development release time over an 18 month period to be used for professional learning opportunities designed to improve their management and professional learning leadership capability.