Secondary Teachers' Collective Agreement (STCA)

Part 6: Leave (STCA)

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Your rights to leave, including sick leave, bereavement leave, special leave, and parental leave are set out in this part of the agreement. If you have questions or concerns contact your PPTA field office.

6.1 Eligibility
6.2 Sick Leave
6.3 Parental Provisions
6.4 Bereavement/Tangihanga Leave for Death in New Zealand or Overseas
6.4 Ngā Whakarite Tuku Tangihanga
6.5 Leave for Family Reasons
6.6 Special Leave
6.7 Refreshment Leave
6.8 Other Forms of Leave
6.9 Travelling Time for Leave Purposes
6.10 Leave Records
6.11 Leave Calculation Rules

6.1 Eligibility

6.1.1 For the purpose of this section, teachers are divided into four categories:

(a) Group 1 – this includes the following:

(i) Teachers appointed to full-time and part-time permanent positions;

(ii) Teachers appointed to long-term relieving or fixed-term full-time vacancies advertised in the Education Gazette.

(b) Group 2 – this includes teachers available and eligible for future permanent appointments.

(c) Group 3 – this includes all retired teachers and others available only for casual relieving work and employment in restricted localities.

(d) Non-permanent part-time teachers.

6.1.2 Unless otherwise stated, only Group 1 teachers are entitled to the leave provided in this section.

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6.2 Sick Leave

6.2.1 Eligibility

Except where otherwise specifically stated the following conditions apply to all teachers.

6.2.2 Entitlement

(a) A teacher who is granted leave due to sickness or injury not arising out of or in the course of the teacher’s employment shall be entitled to sick leave on pay for a period or periods not exceeding the amounts set out in the table below.

Length of service                                     

     

Aggregated sick leave entitlement              

Up to 3 months

     

7 days

Over 3 months and up to 6 months

     

14 days

Over 6 months and up to 9 months

     

31 days

Over 9 months and up to 5 years

     

46 days

Over 5 years and up to 10 years

     

92 days

Over 10 years and up to 20 years

     

154 days

Over 20 years and up to 30 years 

     

229 days

Over 30 years 

     

306 days

 

 

 

 

 

 

 

 

 

 

(b) The amount of sick leave available shall be the teacher’s aggregated sick leave entitlement set out in the table above, less the total amount of sick leave with pay the teacher has taken during their teaching service to date.

(c) Notwithstanding clause 6.2.2(a) above, a short-term relieving teacher has a sick leave entitlement based on the aggregate of the service completed since their last date of permanent employment, where every 190 days or 950 hours of short-term relief service equals one year of sick leave service.

(d) Where a teacher has exhausted their current entitlement set out in the table in clause 6.2.2(a):

(i) in each subsequent year the employer will allow the teacher to anticipate up to five days’ paid sick leave.

(ii) in exceptional circumstances the employer may grant further anticipated sick leave with pay in excess of the entitlement set out in clause 6.2.2(a), provided that no extension is granted beyond the 306 days.

(iii) any anticipated sick leave taken under (i) or (ii) above will be deducted from the teacher’s next entitlement under 6.2.2(a) when that entitlement becomes due.

(e) Where a teacher has exhausted their entitlement set out in the table in clause 6.2.2(a) and has no future entitlement under 6.2.2(a), the teacher shall be granted sick leave in accordance with the Holidays Act 2003.

6.2.3 Service for sick leave purposes

(a) The total period of the “length of service” which determines the teacher’s sick leave entitlement outlined in 6.2.2(a) shall be the aggregate of employment as a teacher in:

(i) New Zealand state or state integrated school;

(ii) New Zealand free kindergarten association, university, or polytechnic;

(iii) Fiji, Cook lslands, Tonga, Western Samoa or Niue

(b) The following teaching service is counted as full-time:

(i) fulltime service;

(ii) permanent part-time service;

(iii) non permanent part-time service that consists of employment for 20 hours or more per week.

(c) Non-permanent part-time teaching service of less than 20 hours per week is assessed on the basis that 80 hours equals one month’s service or 1000 hours equals one year’s service.

(d) Service in the New Zealand Public Service and/or Armed Forces may be converted to teaching sick leave entitlement on such terms as the Secretary for Education may agree. Deductions for sick leave taken from transferred New Zealand Public Service and/or Armed Forces service shall be converted to deductions from the teaching sick leave entitlement using the formula T/P*S=E where:

  •  T = Teachers’ sick leave entitlement on years of service;
  •  P = Public Servants’ sick leave entitlement on years of service;
  •  S = Sick Leave taken as a Public Servant;
  •  E = Equivalent number of days of sick leave as if taken as a teacher.

Note 1: For the calculation of a teacher’s sick leave entitlement, the total period of a teacher’s “length of service” will continue to include employment as a teacher by a former education board, a secondary school board, a private school which has become integrated, a community college, a technical institute, a teacher’s college, the former Department of Education or an agricultural college.

Note 2: Service for sick leave purposes does not include:

Study time while a teacher is not employed in the education service, or when on leave without pay of more than 90 calendar days,

Teaching in private schools (except for teachers in private schools which become integrated,

Teaching overseas except in the Pacific countries listed in subclause 6.2.3(a)iii above,

Trade service, or

Service as a member of the armed forces of another country.

6.2.4 Granting sick leave

(a) The employer shall grant sick leave on pay with the following conditions:

(i) While a medical certificate will not normally be required for leave of up to five days, where it is considered warranted, an employer may require a teacher to produce a medical certificate or other evidence satisfactory to the employer.

(ii) For sick leave within three consecutive calendar days (whether or not the days would otherwise be working days for the teacher) the employer may inform the teacher that proof of sickness or injury is required and, if so, the employer will agree to meet the employee’s reasonable expenses in obtaining the proof.

(iii) When a period of sick leave exceeds five school days a medical certificate from a registered medical or dental practitioner must be provided to the employer. If the teacher cannot obtain a medical or dental certificate other evidence satisfactory to the employer may be provided.

(iv) When a period of sick leave exceeds 14 days an employer may require the teacher to provide a medical certificate from a registered medical or dental practitioner stating the expected date the teacher will be able to return to work. The employer may require the teacher to provide further medical certificates should the sick leave continue beyond the expected date of return stated in this or subsequent medical certificates.

(v) When a period of sick leave exceeds 14 days the employer may require the teacher to obtain a second medical opinion from an independent registered medical or dental practitioner nominated by the employer and agreed to by the teacher provided that such agreement shall not be unreasonably withheld. The cost of a second medical opinion will be met by the employer.

6.2.5 Deduction from sick leave entitlement

(a) Full-time teachers will have sick leave deducted from the entitlement set out in clause 6.2.2(a) above as follows:

(i) where the period of absence does not exceed five consecutive school days the days of absence are deducted i.e. intervening Saturday or Sunday do not count as leave.

(ii) where the period of absence exceeds five consecutive school days the continuous days are deducted i.e. all intervening weekends count as leave.

(iii) public holidays and school vacations that fall during a period of paid sick leave do not count as leave.

(b) Part-time teachers shall have each day of absence deducted as a full day from the entitlement in clause 6.2.2(a) above. The days to be deducted shall be only those days which would normally have been worked and shall not include any intervening free days except where the part-time teacher works on five days of the week when, as with full-time teachers, the intervening weekend days will be counted as sick leave.

6.2.6 Teachers temporarily working reduced hours on account of sickness

(a) The employer may allow at its discretion a teacher who has been on sick leave to return to duty on a reduced hours basis if the teacher’s doctor so recommends and provides a medical clearance, and there would be no staffing or timetabling problems for the school. This arrangement should not, however, normally be allowed to continue for more than six weeks. The provisions (b) to (e) below will apply.

(b) The daily hours not worked are to be aggregated and debited against sick leave on the basis of a five-hour day. For example, where a full time teacher is present for:

(i) 20 timetabled hours in one week = 5 hours absent = 1 day sick leave debited

(ii) 17.5 timetabled hours in one week = 7.5 hours absent = 1.5 days sick leave debited

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

(d) When the absence is on account of injury by accident and earnings related compensation is payable to the teacher, 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.

(e) 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 the teacher has a sick leave entitlement available).

6.2.7 Disregarded sick leave

(a) Disregarded sick leave not exceeding an overall aggregate of two years shall be granted by the Secretary for Education where in the opinion of the Secretary one of the following conditions has been met:

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

(ii) The injury occurred in the discharge of the teacher’s duties through no fault of the teacher and where no payment has been made by the Accident Compensation Corporation; or

(iii) The teacher has contracted a notifiable disease which requires the teacher to be excluded from school for a period prescribed under Schedule 2 of the Health (Infectious and Notifiable Diseases) Regulations 1966 or for a period determined by a Medical Health Officer; or

(iv) The teacher has contracted hepatitis or tuberculosis, where the period of disregarded sick leave is the time that the teacher’s treating registered medical practitioner decides is necessary for the teacher to remain away from school; or

(v) The absence was due to war injury or service.

(b) Where sick leave has been deducted for any period granted as disregarded sick leave under 6.2.7(a)(i) to 6.2.7(a)(v) above, the sick leave will be reinstated.

(c) Disregarded sick leave is additional to any period of absence on account of sickness or injury to which the teacher is entitled with full salary in accordance with the scale set out in clause 6.2.2 above.

(d) Fixed term or relieving teachers shall only be granted disregarded sick leave, as provided for in 6.2.7(a) above, where they have been in continuous employment before the date of application.

6.2.8 Holiday pay deductions

(a) Holiday pay is not reduced for periods of sick leave with pay

(b) When teachers have used their current sick leave entitlement holiday pay may be reduced for periods of sick leave without pay on the following conditions:

(i) No deduction is to be made from the holiday pay of teachers for periods of sick leave without pay for periods not exceeding 90 calendar days in any one school year.

(ii) Where the total amount of sick/accident leave without pay is in excess of 90 calendar days the deduction is based on the period subsequent to the initial 90 calendar days. The initial 90 calendar days are unaffected.

(c) Teachers with a current sick leave entitlement who apply to receive sick leave without pay will have holiday pay reduced in proportion to the unpaid leave taken (as per clause 4.8.3) and should be advised of this when notified of the approval of sick leave without pay.

(d) Clause 6.2.8b above will apply to all fixed term or relieving teachers who have completed at least 90 calendar days continuous service.

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6.3 Parental Provisions

6.3.1 Birth in this section means the birth of a child whether live or stillborn, within the meaning of
the Births, Deaths Marriages and Relationships Registration Act 1995.

6.3.2 Maternity Leave - Group One Teachers

A Group 1 teacher who is pregnant is entitled to maternity leave without pay. Leave may commence at any time during the pregnancy subject to the teacher 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 teacher with 12 months or more service, as defined formerly in Regulation 12 of the Education (Salaries and Staffing) Regulations 1957 but excluding any periods of teachers’ college or university training, shall be entitled to:

(i) 12 months’ maternity leave from the date of birth; and

(ii) up to a further 12 months’ maternity leave (bringing the total entitlement to a maximum of 24 months’ continuous leave including leave taken prior to the birth of the teacher’s child) subject to notifying their employer in writing of their intention to take this leave within 9 months from the date of commencing
maternity leave under 6.3.2(a)(i);

(iii) The total amount of leave taken shall be at the election of the teacher.

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

6.3.3 The teacher’s position shall be held open, subject to the surplus staffing provisions of 3.9 of this Agreement, 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 gives notice of intention to return to work early. A teacher 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 teacher may elect to return to work immediately.

Note: Employment as a long term reliever covering a teacher on maternity leave does not generate an entitlement to permanency in the event that the teacher on leave resigns. 6.3.4 A teacher intending to resign because of pregnancy must be advised of her right to take maternity leave.

6.3.5 Maternity Grant

(a) Maternity grant is payable to female teachers in Group 1 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 teacher has not produced a medical certificate confirming pregnancy, or confirmation from the relevant government department or ministry 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 teacher was granted leave of absence or resigned as the case may be.
When a teacher 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.

6.3.6 Parental Leave - Other Teachers

Group 1 male teachers and all other teachers.

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

6.3.7 Sick Leave During Pregnancy

Periods of illness due to pregnancy prior to the birth may be charged against the teacher’s sick leave entitlement. Normal rules for sick leave with regard to production of a medical certificate apply. Once the teacher has commenced parental leave, any day(s) of sickness must be leave without pay and in no circumstances may a teacher have an absence during or following the birth of the child credited against her sick leave entitlement. 6.3.8 Leave to Attend Partner at Birth of their Child

(a) Permanently appointed teachers will be granted two days paid leave to attend their partner at the birth of their child.

(b) Reasonable notice must be provided to the employer before and at the time of the teacher taking leave.

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

6.4.1 Teachers 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).

6.4.2 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 teacher and the deceased; (Note: This association need not be a blood relationship.)

(b) Whether the teacher 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 teacher 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.

6.4.3 If a bereavement occurs while a teacher 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 6.4.1 and 6.4.2 above. This provision will not apply if the teacher is on leave without pay.

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6.4 Ngā Whakarite Tuku Tangihanga

6.4.1 Mo te mate i roto o Aotearoa, ki tāwāhi rānei.

6.4.2 Ka taea te tuku i tëtahi kaiako me te utu anö hoki, kia wätea ki te whakarite i ngā āhuatanga ki te whakatakoto i töna aroha rānei ki tëtahi tupapaku, i tino tata atu möhiotia hoki e ia.
Tërā pea nöna ake, he whanaunga tonu ränei, i raro i ngä ähuatanga a iwi ränei kia tae atu ki tëtahi wähanga, ki te katoa rānei o te wä o te tangihanga, hura köhatu, ëtahi atu tikanga a rite ränei.

6.4.3 Nö reira mo tënei tu ahua tuku, me te roa o te tuku kia wātea, me whai i ngā āhuatanga e whai ake nei:

(a) Te tata atu o te kaiako ki te tupapaku (kia möhio: tënei tata e kï ana me toto tonu nöu);

(b) Mehemea he wāhanga nui tä te kaimahi ki te whakahaere, käore ränei, i ngā whakariterite mo te tangihanga;

(c) Te wä tuku kia wätea e hiahiatia ana, mo ënei whakahaere, whakariterite hei mahi māna;

(d) Me whakaaetia tëtahi wä e tika ana mo te haere atu hoki mai, engari mënä he haere ki tāwāhi kāore pea e whakaritea mo te katoa o te haere, hoki mai anö hoki;

(e) Kia tere tonu te whakatau i te tono kia tere ai te wätea o te kaiako ki te whakariterite i ngā mea katoa e pä ana ki a ia. I te nuinga o ënei tü ähuatanga ka hoatu tonutia te whakaae, engari i etahi wä, kua tae kua hoki mai kë te kaimahi ki te tangihanga, i muao te hoatutanga i te whakaae mënā e tika ana;

(f) Mehemea kāore e tika ana kia whiwhi i tënei tuku whakawātea me te utu hoki, tërā pea ka whakaaetia kia tangohia atu i o whakawātea (hararei) a tau, whakawātea mo te kore utu rānei, engari koinei te mutunga.

6.4.4 Mehemea ka pā mai he aituä ki tëtahi kaiako i te wä o tāna whakawātea a tau, o tāna whakawätea a turoro (me te utu), o ëtahi atu whakawātea hirahira (me te utu) rānei, ka taea te whakatärewa i taua whakawātea, kia pai ai te tuku whakawätea tangihanga ki a ia i raro o te ture 6.4.1–6.4.2 i runga ake nei. Käore tënei whakaarotanga e tukuna mehemea käore te kaiako i te utua mo te wā whakawātea.

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6.5 Leave for Family Reasons

6.5.1 A teacher may be granted leave for family reasons subject to meeting the requirements as provided for in clauses 6.5.2–6.5.5 below. Relieving teachers in Groups 1 and 2 may be granted leave for family reasons as for permanent teachers. Applications for leave from relieving teachers in Group 3 are to be referred to the Secretary for Education. 

(a) Definition – for the purposes of section 6.5, the terms “near relative” and “near relative-in-law” mean the teacher’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.

6.5.2 Serious Illness

(a) A teacher 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 teacher’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.

6.5.3 Leave for Sickness in the Home

(a) The employer may grant a teacher leave with pay as a charge against the teacher’s sick leave entitlement when the teacher must be absent from work to care for a person who is sick or injured and who depends on the teacher for care.

(b) Approval is not to be given for absences during or in connection with the birth of a teacher’s child. Such situations should be covered by leave granted under clauses 6.3.6, 6.3.8 or 6.8.

6.5.4 Recurring Serious Illness

When a teacher 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 6.5.2, 6.5.3 and 6.5.4.

6.5.5 Important Family and Other Occasions

A teacher may be granted one day’s paid leave per year plus travelling time in terms of clause 6.9 below for the following occasions. Relieving and fixed-term full-time teachers in Groups 1 and 2 may be granted leave for important family and other occasions as for permanent teachers.

(a) Their own wedding (or civil union) 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 teachers of the Jewish faith.

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6.6 Special Leave

6.6.1 Special leave of absence with or without pay may be granted to a teacher subject to meeting the requirements as provided for in clauses 6.6.2 - 6.6.9 below. The special leave provisions apply to full-time permanent, fixed-term full-time and long-term relieving teachers.

6.6.2 Court Proceedings

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

6.6.3 Candidates in General Elections

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

6.6.4 Sports Leave

Where such leave is approved by the employer teachers 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’ travelling time, plus the day or days of the fixture.

Provided that relieving teachers, 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 teachers.

6.6.5 Cultural Leave

Where such leave is approved by the employer teachers 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 teachers, 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 teachers.

6.6.6 Study Leave

(a) Teachers who are awarded study leave as part of the 75 full-time equivalent study leave positions available nationally each year to all teachers shall be granted leave on pay for the period of the study.

(b) Applications for study awards shall be made to a panel composed of equal numbers of employer representatives and representatives of the Association. In allocating study awards the Good Employer requirements of s77A of the State Sector Act 1988, as set out in clause 3.1.1(b), shall be considered.

(c) Employers may approve leave without pay for pre-examination study and leave on pay for time spent sitting examinations, plus necessary travelling time.

(d) Relieving and fixed-term full-time teachers in Groups 1 and 2 may apply for leave for study and examinations to be granted as for permanent teachers.

(e) The employer may grant leave on pay to teachers who are awarded scholarships and fellowships for the duration of the contract, plus reasonable travelling time.

Note: A teacher in receipt of the allowance for Community of Schools Teacher (across community) role shall not be eligible to take up a Study Leave award. For clarity the teacher may apply for an award in the last year of their appointment to the role provided, if granted, the entitlement is not taken up until after the conclusion of the fixed-term appointment.

6.6.6A Study Support Grant

(a) 100 study support grants per annum shall be available nationally to fully registered teachers who are permanently appointed.

(b) Teachers who are awarded one of 100 study support grants shall be entitled to a time allowance of 0.16 FTTE (equivalent to four hours per week). The time allowance shall be provided to the school as additional staffing entitlement.

(c) Each recipient of the study support grant shall be entitled to reimbursement of up to $500 towards their course fees on completion of the course.

Note: The parties may agree to review and amend the application process and criteria for the study support grants from time to time.

6.6.7 Sabbatical Leave

(a) 50 sabbatical leave awards per annum shall be available nationally for full-time registered teachers.

(b) Sabbatical leave is of ten weeks duration and is paid at the teacher’s normal salary.

Note 1: These awards shall be allocated according to the current application processes and criteria. The parties may agree to amend these from time to time.

Note 2: A teacher in receipt of the allowance for the Community of Schools Teacher (across community) role may apply for Sabbatical Leave to be taken while they hold that role provided that any application has the support of their employing board which shall consider the needs of the wider Community of Schools.

6.6.7A Sabbatical Leave for Senior Managers

(a) From the start of the 2012 school year, ten sabbatical leave awards per annum shall be made available nationally for full-time registered teachers employed as senior managers, as defined in 4.3B.2.

(b) Sabbatical leave is of ten weeks duration and is paid at the teacher's normal salary.

Note 1: These awards shall be allocated in accordance with the application process and criteria to be developed by the parties in consultation with New Zealand School Trustees Association by 1 June 2011.

Note 2: A teacher in receipt of the allowance for the Community of Schools Teacher (across community) role may apply for Sabbatical Leave to be taken while they hold that role provided that any application has the support of their employing board which shall consider the needs of the wider Community of Schools.

6.6.8 Meetings of Statutory and Local Authorities

(a) The employer may grant a teacher leave with pay plus necessary travelling 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 6.6.8(a) the following are recognised 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.

6.6.9 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 teacher is prevented from travelling from their home to work because of an emergency situation outside of the control of the teacher (up to seven days’ leave with pay may be granted). Approval shall not be given where the teacher has advance notice or in circumstances where the teacher could be reasonably expected to have foreseen the situation arising. Where practicable the teacher 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 teacher is a member of an authorised search and rescue organisation and is requested by a responsible authority to take part in a search and rescue operation (leave with pay). Written evidence of the teacher’s participation in the search from the appropriate authority mentioned above is to be submitted to the employer.

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

(d) Where a teacher 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 teacher 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.

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6.7 Refreshment Leave

6.7.1 Full-time registered teachers who have attained the Experienced Classroom Teacher level of the Professional Standards shall be entitled (subject to 6.7.2) 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 teacher may be considered for further refreshment leave.

6.7.2 The ability to take up the entitlement to refreshment leave in clause 6.7.1 is subject to:

(a) The teacher 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 teacher taking the leave. A suitable reliever is a teacher who will be able, to the satisfaction of the employer, to relieve in the school during the period of the teacher’s leave. The employer shall use reasonable endeavour to find a suitable reliever.

Reasonable endeavour in this context means accessing the usual pool of relievers, advertising locally if necessary, and 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 teacher 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; and

(d) The maximum number of teachers who can be on refreshment leave at any one time in a school is calculated as follows:

Up to 15 teachers Two teachers on leave
16 to 21 teachers Three teachers on leave
22 or more teachers Four teachers on leave

Where more than the maximum number of teachers in the school request refreshment leave, priority will be dependent on the length of service of the individual teachers in the school.

(e) A teacher in receipt of the allowance for the Community of Schools Teacher (across community) role may apply for refreshment leave to be taken while they hold that role provided the duration of the leave is no more than one term and that any application for the leave has the support of their employing board which shall consider the needs of the wider Community of Schools.

Note: A teacher in receipt of the allowance for the Community of Schools Teacher (across community) role may apply in their last year of tenure in the role for their full entitlement to refreshment leave which is to be taken in the following school year.

6.7.3 Time off on refreshment leave will count as service for the purpose of salary increments, 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.

6.7.4 Teachers on refreshment leave of greater than one term who are eligible for an annual increment during the period of their leave shall not require attestation for that increment providing their previous two attestations were satisfactory.

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

Note: The qualifying periods set out in 6.7.1 for refreshment leave relate solely to this provision and do not apply to any other forms of leave.

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6.8 Other Forms of Leave

6.8.1 Nothing in this agreement limits the facility for teachers to apply to the employer for leave with or without pay in any circumstance not specified.

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6.9 Travelling Time for Leave Purposes

6.9.1 Where specifically approved in this agreement (and including teachers at in-service courses and on outdoor education) travelling 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 travelling can only be granted if the teacher is required to travel when the school is open;

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

(c) No travelling 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.

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6.10 Leave Records

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

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6.11 Leave Calculation Rules

6.11.1 The rules for calculating leave are set out in Appendix E.

Note 1: The leave provisions set out in this Part of the Agreement shall be applied in accordance with any administrative conditions that were in effect at the commencement of this Agreement. Nothing in these provisions shall be read as extending any entitlement beyond that which existed at the commencement of this Agreement except as may be expressly agreed to by the Secretary for Education after consultation with the Association.

Note 2: The parties acknowledge that the leave provisions of this Agreement (and their administration) operate to provide entitlements equal to, or in excess of, those provided under the Holidays Act 2003.
To this extent the parties agree that current administrative practices will continue to operate and, for clarity, teachers will take their annual leave outside the gazetted term dates.

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Last modified on Wednesday, 25 January 2017 02:07