Part Five - Leave

5.1    Eligibility

5.1.1 Only principals appointed to permanent positions are entitled to the leave provided in this part, unless otherwise stated.

5.2    Sick Leave

5.2.1 Entitlement

A principal who is granted on application leave of absence on account of sickness or injury not arising out of or in the course of the principal’s 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 principal has already taken during her/his teaching service.

(a) In exceptional circumstances the employer may grant sick leave with pay in excess of the periods prescribed in the table set out in clause 5.2.1 in anticipation of future entitlements, provided that no extension may be granted beyond 306 days.

(b) For the purposes of clause 5.2.1 above, disregarded sick leave not exceeding an overall aggregate of two years may be granted under conditions prescribed by the Secretary for Education.

(c) Notwithstanding subclause 5.2.1 above, retired principals have a new sick leave entitlement based on service from the date they commenced teaching after their retirement.

5.2.2 The sick leave entitlement is to be administered in accordance with the same rules as applying to teachers in the school.

5.2.3 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 Ministry of Health.  In the case of hepatitis, however, the period of disregarded sick leave is the time that the principal’s doctor decides is necessary for the principal to remain away from school.

5.2.4 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 subclause 5.2.1 above if the principal enters, or is placed on a waiting list for entry to, a recognised institution.

5.2.5 Notwithstanding 5.2.4 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 5.2.3 above, where they have been in continuous employment before the date of application and have been medically examined before entry into the teaching service.

5.2.6 No deduction is to be made from the holiday pay of principals for periods of sick leave without pay for periods not exceeding three months (90 days) in any one school year. Where the total amount of sick/accident leave without pay is in excess of three months (90 days) the deduction is based on the period subsequent to the three months (90 days). The initial three months (90 days) are unaffected. In order to receive the benefits of holiday pay for periods of sick leave without pay, a principal must first have used her/his current sick leave entitlement. Principals with current entitlements to sick leave are not covered by the non reduction in holiday pay provisions if they apply to receive sick leave without pay instead. They should be advised of this when notified of the approval.

5.2.7 The employer may allow a principal who has been on sick leave to return to duty on a reduced hours basis if the principal’s doctor so recommends and provides a medical clearance, and there would be no staffing problems for the school. This arrangement should not, however, normally be allowed to continue for more than six weeks. The following provisions apply:

(i) The daily hours not worked are to be aggregated and debited against sick leave on the basis of a five-hour day.

(ii)  Whole days or half-days of absence are to be debited as whole or half-days.

(iii)  When the absence is on account of injury by accident and earnings related compensation is payable to the principal, normal pay is to continue and the Secretary for Education is to obtain reimbursement of earnings related compensation from the Accident Compensation Corporation in accordance with the usual procedures.

(iv) 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 principal has a sick leave entitlement available).

5.3    Parental Provisions

5.3.1 Birth in this section means the birth of a child whether live or stillborn, within the meaning of the Births and Deaths Registration Act 1951.

5.3.2 Maternity Leave

A principal who is pregnant is entitled to maternity leave without pay. 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.

(a) A female principal with 12 months or more service as a teacher or principal, but excluding any periods of teachers’ college or university training, shall be entitled to 12 months’ leave from the date of birth.  The amount of leave taken shall be at the election of the principal.

(b) A female principal with less than 12 months’ such 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.

(c) A female principal 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.

5.3.3 The principal’s position shall be held open (subject to transfer and redeployment provisions) for the duration of maternity leave.  If a relieving principal 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 principal must give her employer at least one month’s 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 principal may elect to return to work immediately.

5.3.4 A principal intending to resign because of pregnancy must be advised of her right to take maternity leave.

5.3.5 Maternity Grant

(a) Maternity grant is payable to female principals on production of a birth certificate or evidence of an approved adoption placement, whether she is granted 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 appropriate authority 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.  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.

5.3.6 Parental Leave – Other Principals 

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

5.3.7 Sick Leave During Pregnancy

Periods of illness due to pregnancy prior to the birth may be charged against the principal’s sick leave entitlement.  Normal rules for sick leave with regard to production of a medical certificate apply.  Once the principal has commenced parental leave, any day(s) of sickness must be leave without pay and in no circumstances may a principal have an absence during or following the birth of the child credited against her sick leave entitlement.

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

5.4.1 Principals 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).

5.4.2 In granting time off therefore, and for how long, the following points must be taken into account:

(a) The closeness of the 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 the 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) A decision must be made as quickly as possible so that the principal 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;

(f) If paid special leave is not appropriate then leave without pay should be granted.

5.4.3 If a bereavement occurs while a principal 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 5.4.1 and 5.4.2 above.  This provision will not apply if the principal is on leave without pay.

5.4    Nga Whakarite Tuku Tangihanga

5.4.1 Mo te mate i roto o Aotearoa, ki tawahi ranei.

5.4.2 Ka taea te tuku i tetahi kaiako me te utu ano hoki, kia watea ki te whakarite i nga ahuatanga ki te whakatakoto i tona aroha ranei ki tetahi tupapaku, i tino tata atu mohiotia hoki e ia.  Tera pea nona ake, he whanaunga tonu ranei, i raro i nga ahuatanga a iwi ranei kia tae atu ki tetahi wahanga, ki te katoa ranei o te wa o te tangihanga, hura kohatu, etahi atu tikanga a rite ranei.

5.4.3 No reira mo tenei tu ahua tuku, me te roa o te tuku kia watea, me whai i nga ahuatanga e whai ake nei:

(a) Te tata atu o te kaiako ki te tupapaku (kia mohio: tenei tata e ki ana me toto tonu nou);

(b) Mehemea he wahanga nui ta te kaimahi ki te whakahaere, kaore ranei, i nga whakariterite mo te tangihanga;

(c) Te wa tuku kia watea e hiahiatia ana, mo enei whakahaere, whakariterite hei mahi mana;

(d) Me whakaaetia tetahi wa e tika ana mo te haere atu hoki mai, engari mena he haere ki tawahi kaore pea e whakaritea mo te katoa o te haere, hoki mai ano hoki;

(e) Kia tere tonu te whakatau i te tono kia tere ai te watea o te kaiako ki te whakariterite i nga mea katoa e pa ana ki a ia. I te nuinga o enei tu ahuatanga ka hoatu tonutia te whakaae, engari i etahi wa, kua tae kua hoki mai ke te kaimahi ki te tanihanga, i mua o te hoatutanga i te whakaae mena e tika ana;

(f) Mehemea kaore e tika ana kia whiwhi i tenei tuku whakawatea me te utu hoki, tera pea ka whakaaetia kia tangohia atu i o whakawatea (hararei) a tau, whakawatea mo te kore utu ranei, engari koinei te mutunga.

5.4.4 Mehemea ka pa mai he aitua ki tetahi kaiako i te wa o tana whakawatea a tau, o tana whakawatea a turoro (me te utu), o etahi atu whakawatea hirahira (me te utu) ranei, ka taea te whakatarewa i taua whakawatea, kia pai ai te tuku whakawatea tangihanga ki a ia i raro o te ture 5.4.1–5.4.2 i runga ake nei.  Kaore tenei whakaarotanga e tukuna mehemea kaore te kaiako i te utua mo te wa whakawatea.

5.5    Leave for Family Reasons

5.5.1 A principal may be granted leave for family reasons subject to meeting the requirements as provided for in clauses 5.5.2–5.5.5 below.  Relieving principals may be granted leave for family reasons as for permanent principals.

(a) Definition – for the purposes of clause 5.5, the terms “near relative” and “near relative-in-law” mean the principal’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) A principal may be granted leave with pay on account of serious accident or a crisis in a severe illness of a:

(i) partner, child, parent, brother or sister – two days;

(ii) a near relative, near relative-in-law or a member of the principal’s household – one day.

(b) 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

(a) The employer may grant a principal leave with pay as a charge against a sick leave entitlement when the principal must be absent from work to attend to a member of the household who through illness becomes dependent on the principal.  Members of the household may include the principal’s child, partner, or any other member of the principal’s family or household.

(b) Approval is not to be given for absences during or in connection with the birth of a principal’s child.  Such situations should be covered by leave without pay, paternity leave, annual leave or anticipated annual leave.

5.5.4 Recurring Serious Illness

When a principal applies for several periods of leave because of recurring illness in the family the employer has a 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 principal may be granted one day’s paid leave per year plus traveling time in terms of clause 5.8 below for the following occasions:

(a) Their own wedding or that of their child, a sibling, parent, grandchild or grandparent;

(b) Their parents’ golden or diamond wedding anniversary;

(c) Their own ordination, vice-regal investiture, admission to the bar or capping or that of their partner, child, sibling or parent;

(d) Attendance at court for an adoption order;

(e) Rosh Hashonah and Yom Kippur for principals of the Jewish faith.

5.6    Refreshment Leave

5.6.1 Subject to 5.6.2 below, upon application, a principal shall be entitled to one school term of unpaid refreshment leave after three years’ service in the school and up to one year of such leave after five years’ service in the school.

5.6.2 Entitlement to refreshment leave is subject to:

(a) The principal providing reasonable notice to the employer of their intention to take refreshment leave; and

(b) The employer’s ability to find a suitable reliever to fill the vacancy created by the principal taking the leave.  A suitable reliever is an individual who will be able, to the satisfaction of the employer, to relieve in the school during the period of the principal’s leave.  The employer shall use reasonable endeavour to find a suitable reliever.  Reasonable endeavour in this context 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

(c) The principal 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.

5.6.3 Time off on refreshment leave will not count for the purposes of sick leave or holiday pay calculations or for entitlement to public holidays.

5.6.4 A principal may not take up employment in another state or integrated school while on refreshment leave.  This restriction does not preclude a principal on refreshment leave agreeing to undertake occasional day-relief duties.

Note: The qualifying periods set out in 5.6.1 for refreshment leave relate solely to this provision and do not apply to any other forms of leave.

5.7    Special Leave

5.7.1 Special leave of absence with or without pay may be granted to a principal subject to meeting the requirements as provided for in clauses 5.7.2 – 5.7.9 below.  The special leave provisions apply to full-time permanent and long-term relieving principals.

5.7.2 Court Proceedings

Except when principals are pursuing their own interests or where answering charges against themselves, the employer will grant leave with pay when a principal 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.

5.7.3 Candidates in General Elections

The provisions of the 1993 Electoral Act and its amendments shall apply.

5.7.4 Sports Leave

Where such leave is approved by the employer, principals are entitled to leave with pay for overseas sports tours, inter-provincial fixtures, national championships and international competition within New Zealand subject to the following maxima per any 12 month period:

(a) overseas tours – up to four weeks;

(b) inter-provincial fixtures and national championships – up to six weeks;

(c) international competition within New Zealand – one day for assembly and training, plus two days’ traveling time, plus the day or days of the fixture.

Provided that relieving principals may apply for leave to be granted as for permanent principals.

5.7.5 Cultural Leave

Where such leave is approved by the employer principals 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.  Provided that relieving principals, except those employed on a casual basis for only a few days at a time, may apply for leave to be granted as for permanent principals.

5.7.6 Meetings of Statutory and Local Authorities

(a) Principals may be granted, by the employer leave with pay plus necessary traveling 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).

(b) For the purposes of clause 5.7.7(a) the following are recognized Mäori authorities/organisations:

(i) New Zealand Mäori Council;

(ii)  Mäori Women’s Welfare League;

(iii) Tribal Trust Boards;

(iv) Iwi authorities;

(v) Runanga-A-Iwi.

5.7.7 Study and Examination Leave

(a) The employer may approve leave without pay for pre-examination study and shall approve leave on pay for time spent sitting examinations plus necessary traveling time.

(b) The employer shall grant leave on pay to principals who are awarded a prestigious scholarship or fellowship (as defined by the Secretary for Education from time to time) for the duration of the contract plus reasonable traveling time.

5.7.8 Miscellaneous Leave

Leave with or without pay may be granted for the following purposes subject to the criteria set out below being met:

(a) Where a principal is prevented from traveling from their home to work because of an emergency situation outside of the control of the principal (up to seven days’ leave with pay may be granted) provided that this provision is for emergencies only.  Approval shall not be given where the principal has advance notice or in circumstances where the principal could be reasonably expected to have foreseen the situation arising.  Where practicable the principal 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.

(b) Search and Rescue.  Where a principal is a member of an authorised search and rescue organization and is requested by a responsible authority to take part in a search and rescue operation (leave with pay).  Written evidence of the principal’s participation in the search from the appropriate authority mentioned above is to be submitted to the employer.

(c) Outward Bound.  Principals 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 principal’s attendance leave with pay up to one week may be granted.

(d) Where a principal 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).

(e) Rotary Group Exchange Tours

(i) A principal 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.

(ii) Leave with pay shall not be granted for Rotoract study tours.

(f) Other Forms of Leave

(i) Nothing in this agreement limits the facility for the principal to apply to the employer for leave with or without pay in any circumstances not specified.

(ii) Nothing in this agreement shall limit the authority of the board to grant to the principal such special leave, whether with or without pay, as the board considers appropriate to enable the principal to undertake professional development training.  The board shall have regard to the need to ensure that the principal receives training appropriate to the requirements of the position.

5.8    Traveling Time for Leave Purposes

5.8.1 Where specifically approved in this agreement traveling time with pay for a period of up to seven days (exclusive of public holidays) may be granted subject to the following conditions:

(a) Leave for traveling can only be granted if the principal is required to travel when the school is open;

(b) The quickest and most direct means of travel shall be used;

(c) No traveling 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.

5.9    Leave Records

5.9.1 Leave records for principals should clearly indicate all sick leave, leave without pay, periods of special leave and periods during which accident compensation may be granted.

5.10    Annual Leave

5.10.1 The principal shall be entitled to 25 days paid annual leave per annum.  Annual leave shall normally be taken when the school is closed for instruction.  Such leave shall be taken at a time or times agreed with the school board that will not unreasonably impinge upon the proper performance of the principal’s responsibilities and duties under this agreement.

5.10.2 Clause 5.10.1 does not limit the ability of the board and principal to make such arrangements regarding the attendance of the principal at the school during any period or periods when the school is closed for instruction, and the principal is not on annual leave, as the parties consider appropriate and consistent with their responsibilities under this agreement or at law.

5.10.3 Leave due under sub clause 5.10.1 shall be taken in the year in which it falls due, except where the board and the principal agree, in writing, that the unused entitlement may be carried over to the following year.

5.10A  Public Holidays

5.10A Where a principal is required by a board to work on a public holiday, they will receive an additional 0.5 salary for the day, plus a day in lieu, pursuant to section 50 of the Holidays Act 2003.

5.11    Sabbatical Leave Scheme

5.11.1 A sabbatical leave scheme for principals will apply according to the following;

(a) There will be 50 sabbaticals awarded annually from 2007; and

(b) Each period of sabbatical leave granted will be of ten weeks duration paid at the rate of the principal’s normal pay.”

5.11.2 Entitlement to the sabbatical is subject to:

(a) service of at least five years as a secondary principal in the state sector;

(b) application by the principal which has the support of their school board; and

(c) the submission of a proposal of work to be undertaken during the sabbatical leave.

5.11.3 The Ministry, the PPTA and the NZSTA jointly develop the criteria for the scheme and its operation.  The award of the sabbatical leave will be by a panel with representation from the three parties.