Support Staff in Schools' Collective Agreement

Part 4 – Holidays

4.1 Public Holidays

4.1.1 The Holidays Act 2003 shall apply except where otherwise provided.

4.1.2 The following days shall be observed as public holidays and paid in accordance with the provisions set out below:

• Christmas Day
• Boxing Day
• New Year’s Day
• The day after New Year’s Day
• Waitangi Day
• Good Friday
• Easter Monday
• Anzac Day
• Sovereign’s Birthday
• Labour Day
• Anniversary Day (as observed in the locality concerned)

In addition to the public holidays listed in clause 4.1.2(a) all staff shall be entitled to observe Easter Tuesday as an additional paid holiday. Administrative staff shall also be entitled to observe the day after Boxing Day as an additional paid holiday.

Employees, for whom clause 4.3.7 below applies, shall no longer be entitled to an additional paid holiday on Easter Tuesday and, for administrative staff, the day after Boxing Day.

4.1.3 In the event of a public holiday, other than Waitangi Day or Anzac Day, falling on a Saturday or Sunday, such holiday shall be observed on the following Monday, and in the event of another holiday falling on that Monday then the whole holiday shall be observed on the succeeding Tuesday.

4.1.4 Other than as provided in 4.1.6 below, employees shall be paid for the public holidays listed in 4.1.2 above on the basis of the hours they would normally work on the day of the week on which the public holiday is observed. For clarity, public holidays which are observed during a term break shall be paid provided that the employee:

(i) During term time normally works on the day of the week on which the public holiday is observed; and
(ii) Is in continuous employment which extends beyond that term break.

4.1.5 An employee whose employment is terminated (including expiry of a fixed term agreement) but whose final date of work is notionally extended by any annual leave holiday entitlement (in accordance with s40 of the Holidays Act 2003) to include a public holiday falling on a day normally worked (including during a term break), would receive the relevant daily pay for that day.

4.1.6 With regard to Christmas Day, Boxing Day, New Years Day and the day after New Years Day, these shall be paid public holidays for all employees who are employed within ten working days of the last day the school is open for instruction in an academic year. Provided that this shall also apply where the employee’s employment ceases due to termination of the delivery of the curriculum to a particular student or students and this occurs within one month prior to the last day the school is open for instruction in an academic year. Payment for these public holidays will be on the basis that the employee:

(i) During term time normally works on the day of the week on which the public holiday is observed; and
(ii) Is in continuous employment which extends beyond the particular period during which the school is not open for instruction.

4.1.7 Except as provided under 4.1.4 and 4.1.5 above, it is not intended an employee specifically on leave without pay would be eligible for a paid public holiday. Provided that an employee who has applied for and been granted a period of leave without pay which spans a term break shall not be entitled to payment for any public holiday which is observed within that term break.

4.1.8 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.

4.1.9 Notwithstanding the above, administrative staff shall also be entitled to observe the day after Boxing Day as an additional public holiday.

4.2 Service for Leave Purposes

4.2.1 (a) Except as provided in 4.2.2 below, ‘continuous service’ for leave purposes shall mean the aggregate of the employee’s employment with any state or integrated school.

(b) ‘Continuous service’ shall not be broken by

• any period of leave with pay; or
• any period of approved leave without pay of up to 12 months; or
• a break in employment (including between employers) of less than 3 months.

(c) ‘Continuous service’ for a fixed term employee shall not be broken by

• a break of 20 consecutive working days or less between engagements; or
• any period when the school is closed for instruction; or
• absence on approved sick leave.

(d) For the purposes of leave aggregation under (a) above any break between engagements, or any period of leave without pay, in excess of 20 consecutive working days will interrupt but not break (except as provided under (b) or (c) above) service. Parental leave will, however, count as service as provided for under s43 of the Parental Leave and Employment Protection Act 1987

4.2.2 All service or continuous service accumulated after 1 March 1995 shall be calculated on the basis set out in 4.2.1 above. Those employees who were party to the Support Staff in Schools Collective Employment Contract which applied prior to 1 March 1995 retain all service or continuous service which they had accumulated prior to 1 March 1995.

4.3 Annual Leave

4.3.1 All annual leave shall be taken at a time in which the school is officially closed for instruction at the end of the academic year (unless there is, or has been, agreement to do otherwise).

4.3.2 All employees are entitled, based on their current continuous service (as defined in 4.2) and the commencement dates contained in the clauses’ titles to the leave provisions contained in 4.3.5, 4.3.6 or 4.3.7. No employee shall be covered by more than one of these three clauses at any point in time.

4.3.3 For the purposes of annual leave, a ‘week’ of leave for an employee is based on his / her ordinary working week.

4.3.4 Holiday pay will be paid in the employee’s fortnightly cycle as per clause 3.10. An employee can elect the option of having his / her holiday pay paid as a lump sum prior to taking annual leave by giving his / her employer two weeks notice.

4.3.5 For all employees from 1 April 2007

(a) All employees shall be entitled to four weeks annual leave in addition to public holidays and additional paid holidays provided for in clause 4.1.2

(b) Where the employee commences employment with an employer after the beginning of the school year the employer shall, in that first year, pay to the employee, when they take leave at the end of the school year, an amount equal to 8 percent of gross earnings for the period worked for that employer during that school year, less any annual leave payment made in advance by that employer.

(c) Where an employee’s employment terminates before the end of the school year annual leave shall be paid in accordance with the Holidays Act 2003.

4.3.6 From 1 January 2008 for all employees who have completed five years current continuous service in a state or integrated school

(a) Upon completion of five years current continuous service (as defined in clause 4.2) in a state or integrated school employees shall for the sixth and subsequent years be entitled from 1 January 2008 to accrue 4.6 weeks of annual leave in addition to public holidays and the additional paid holidays described in clause 4.1.2(b).

(b) Where the employee commences employment with an employer after the beginning of the school year the employer shall pay to the employee an amount equal to 9.2 percent of gross earnings for the period worked for that employer during that school year, less any annual leave payment made in advance by that employer.

(c) Where an employee’s employment is terminated before the end of the school year, annual leave shall be paid in accordance with the Holidays Act 2003, except that holiday pay shall be calculated on the basis of annual leave entitlements provided for in 4.3.6(b).

4.3.7 From 1 January 2010 for all employees who have completed ten years current continuous service in a state or integrated school

(a) Upon completion of ten years current continuous service (as defined in clause 4.2) in a state or integrated school, each employee bound by this collective agreement shall for the eleventh and subsequent years be entitled from 1 January 2010 to accrue five weeks annual leave in addition to public holidays and the additional paid holidays described in clause 4.1.2(b), subject to clause 4.3.7 (b) and (c) below.

(b) Employees entitled to five weeks annual leave under this clause, shall no longer be entitled to the day after Boxing Day (where provided for in the collective agreement) and Easter Tuesday as additional paid holidays (as outlined in clause 4.1.2.). Not withstanding clause 4.3.1, employees agree to take the day after Boxing Day and Easter Tuesday as paid annual leave days.

(c) Where the employee commences employment with an employer after the beginning of the school year the employer shall pay an amount equal to 10 percent of gross earnings for the period worked during that school year for that employer less any annual leave payment made in advance by that employer.

(d) Where an employee’s employment is terminated before the end of the school year annual leave shall be paid in accordance with the Holidays Act 2003, except that the holiday pay shall be calculated on the basis of annual leave entitlements provided for in clause 4.3.7(b).

4.4 Sick Leave

4.4.1 The employer shall grant sick leave on pay in accordance with the following provisions.

4.4.2 An employee is entitled to 7 days sick leave for each year in addition to any sick leave accumulated at the date of this agreement except where an employee’s working days are less than 5 days per working week in which case their annual entitlement shall be 6 days instead of 7.

4.4.3 The provisions of this clause regulate the application of paid sick leave under 4.4:

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

(b) Sick leave shall be accumulated. It may not be anticipated except where the employer and the employee agree.

(c) An employee shall produce a medical certificate or other evidence of illness of him or her if required to do so by the employer for absences exceeding three days.

(d) 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.

4.5 Domestic Leave

4.5.1 The employer shall grant the employee up to a maximum of 8 days per year leave on pay as a charge against their sick leave entitlement when the employee is absent from work to attend to a person who is dependent on the employee for care. This shall not preclude the employer granting additional leave in accordance with 4.10 below.

4.5.2 Approval is not to be given for absence during or in connection with the birth of an employee’s child. Such situations should be covered by leave without pay.

4.5.3 The production of a medical certificate or other evidence of illness may be required.

4.6 Parental Leave

4.6.1 Parental leave shall be allowed in accordance with the requirements and provisions of the Parental Leave and Employment Protection Act 1987. The following provisions are by way of summary of the Act. Further details are available at www.ers.dol.govt.nz or free phone 0800 20 90 20.

4.6.2 This Act provides that on written application an employee shall be entitled to unpaid parental leave provided that:

(a) the employee has worked for the same employer for the immediately preceding 6 months before the expected date of delivery or the date of adoption; and

(b) the employee has worked at least 10 hours per week during that period.

4.6.3 Parental Leave is:

(a) maternity leave of up to 14 weeks;

(b) special leave of up to 10 days;

(c) paternity leave of up to 2 weeks; and

(d) extended leave of up to 52 weeks.

4.6.4 On returning from parental leave the employee is entitled to resume work in the same or similar position to the one they occupied at the time of commencing parental leave.

4.7 Bereavement / Tangihanga Leave

4.7.1 An employee shall be granted bereavement / tangihanga leave on pay to allow a reasonable opportunity for the employee to discharge his or her obligations and/or to pay his or her respects to a deceased person with whom they have had a close association. The entitlement to this leave extends to the death of any members of the employee’s family, or person who, because of particular cultural requirements on the employee, he or she is obliged to attend to as a part of a tangihanga or its equivalent.

4.7.2 In exercising its discretion to grant this leave, and in fixing the length of leave the employer must discharge its obligations in a culturally sensitive manner taking into account the following:

(a) The closeness of the association between the employee and the deceased

(b) The responsibilities of the employee for any or all of the arrangements for the ceremonies resulting from the death

(c) The amount of time needed properly to discharge any responsibilities or obligations by an employee

(d) Reasonable travelling time, provided that the employer need not take into account total travelling time where an employee must attend a funeral overseas. However any decision regarding the length of bereavement leave will be no less than the minimum amounts set out by S70 Holidays Act 2003.

Note:
(i) The minimum entitlement prescribed in the Holidays Act 2003 for a bereavement on the death of the employee’s spouse, parent, child, brother or sister, grandparent, grandchild or spouse’s parent is three days’ paid leave.
(ii) The minimum entitlement prescribed in the Holidays Act 2003 for a bereavement on the death of any other person where obligations such as those in 4.7.1 exist is one day.

4.7.3 The employer’s decision on this leave and the length of such leave will be made as quickly as possible so that the employee 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. If paid leave is not appropriate then leave without pay shall be granted, but as a last resort.

4.7.4 (a) Where an employee is absent on annual leave and a bereavement occurs the employer shall be notified and will determine the number of days of bereavement leave to be granted in accordance with 4.7.2 above. The days shall replace the annual leave

(b) If bereavement leave is sought while an employee is absent on sick leave or any other leave with pay, the employer may agree to such leave being interrupted and bereavement leave being granted in its place.

(c) The above provisions will not apply if the employee is on leave without pay.

4.7.5 Payment of bereavement leave will be an amount that is equivalent to the employee’s relevant daily pay for each day of bereavement taken by the employee that would otherwise be a working day for the employee.

4.8 Long Service Leave

Except where an employee has long service leave entitlement under clause 4.11, an employee shall on the completion of 25 years continuous service be granted four weeks’ long service leave with pay.

4.9 Jury Service

The employer will grant leave with pay when an employee is required to serve on a jury provided that all fees for service are reimbursed to the employer.

4.10 Other Leave

An employer may, at its discretion, grant an employee special leave with or without pay on such terms and conditions as it may approve.

4.11 Savings

Employees who at 30 August 1992 had conditions in excess of those provided for in this agreement in respect of:

• Long Service Leave;
• Retirement Leave;
• Resigning Leave; and
• Maternity Grant

in accordance with the previous applicable contract, NZ Support Staff in Schools Composite (DOC 2646), will continue to be eligible for these entitlements. These provisions are contained in Appendix C.