Area School Teachers' Collective Agreement (ASTCA)
Part Five: Leave (ASTCA)
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.
5.1 Sick Leave
5.2 Parental Provision
5.3 Bereavement/Tangihanga Leave for Death in New Zealand or Overseas
5.3 Ngä Whakarite Tuku Tangihanga Mö te mate i roto ö Aotearoa, ki täwähi ränei
5.4 Hui Leave
5.5 Leave for Family Reasons
5.6 Special Leave
5.7 Refreshment Leave
5.8 Other Forms of Leave
5.9 Travelling Time for Leave Purposes
5.10 Leave Records
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 unions.
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.
5.1 Sick Leave
5.1.1 (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
Aggregate period for which sick leave on
Up to 3 months
Over 3 months and up to 6 months
Over 6 months and up to 9 months
Over 9 months and up to 5 years
Over 5 years and up to 10 years
Over 10 years and up to 20 years
Over 20 years and up to 30 years
Over 30 years
(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 that the teacher has taken during their teaching service to date.
(c) Notwithstanding clause 5.1.1(a) above, a short-term relieving teacher has a sick leave entitlement based on the aggregate of the service completed since the 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 5.1.1(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 5.1.1(a), provided that no extension may be granted beyond 306 days.
(iii) Any anticipated sick leave taken under (i) or (ii) above will be deducted from the teacher’s next entitlement under clause 5.1.1(a) when the entitlement becomes due.
(e) Where a teacher has exhausted their entitlement set out in the table in clause 5.1.1(a) and has no future entitlement under clause 5.1.1(a), the teacher shall be granted sick leave in accordance with the Holidays Act 2003.
5.1.2 Service for sick leave purposes
(a) The total period of the “length of service” which determines the teacher’s sick leave entitlement outlined in clause 5.1.1(a) shall be the aggregate of employment as a teacher in:
(i) a New Zealand state or state integrated school;
(ii) a 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 clause 5.1.2(a)iii above,
• trade service, or
• service as a member of the Armed Forces of another country.
5.1.3 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.
(a) Full-time teachers will have sick leave deducted from the entitlement set out in clause 5.1.1(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 5.1.1(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.
5.1.5 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).
5.1.6 Disregarded Sick Leave
(a) Disregarded sick leave not exceeding an overall aggregate of two years may 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 medial practitioner decides is necessary for the teacher to remain away from school; or
(v) The absence was due to war injury or to war service.
(b) Where the sick leave has been deducted for any period granted as disregarded sick leave under clause 5.1.6(a)(i) to clause 5.1.6(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 5.1.1(a) above.
(d) Fixed term or relieving teachers shall only be granted disregarded sick leave, as provided for in clause 5.1.6 (a) above, where they have been in continuous employment before the date of application.
(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 3.24.3) and should be advised of this when notified of the approval of sick leave without pay.
5.2 Parental Provision
The provisions of the Parental Leave and Employment Protection Act 1987 shall apply, except in the case of superior provisions listed below.
5.2.1 The teacher is entitled to take parental leave under the Parental Leave and Employment Protection Act 1987 (PLEPA). In addition to the teacher’s rights under the PLEPA the following shall apply:
(a) Parental 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. The teacher can take up to 12 months unpaid leave from the date of birth, or in the case of adoption, whangai or Home for Life placement of a child under the age of six years, from the date the teacher becomes the primary carer.
(b) A teacher with 12 months or more service shall be entitled to up to a further 12 months’ unpaid 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 leave under 5.2.1(a).
(c) The teacher’s position will be held open subject to the surplus staffing provisions of clause 2.13 of this agreement, for the duration of their parental 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 their employer at least one month’s notice if it is their intention to return to work before their parental leave expires. This provision shall not apply in the case of a teacher who has had a miscarriage or a stillborn child. In such cases the teacher may elect to return to work immediately.
(d) A teacher intending to resign because of pregnancy must be advised of their right to take parental leave.
Note: Employment as a long term reliever covering a teacher on parental leave does not generate an entitlement to permanency in the event that the teacher on leave resigns.
5.2.2 Parental grant
A teacher who takes parental leave in order to be the primary carer, or resigns due to pregnancy, is entitled to a payment equal to six weeks’ salary calculated at the rate applicable in the teacher’s last full working week prior to commencement of their leave or date of resignation. The payment is not pro-rated if the teacher takes less than six weeks’ leave. The grant is payable following production of a birth certificate or suitable evidence of placement.
Primary carer means:
The biological mother of the child, or their spouse or partner, where they take primary responsibility for the care, development, and upbringing of the child during the first six weeks of parental leave.
In the case of adoption, whangai or Home for Life placement, the person who takes permanent primary responsibility for the care development and upbringing of the child.
5.2.3 Sick leave during pregnancy and while on Parental Leave
(a) 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.
(b) Once the teacher has commenced parental leave, any day(s) of sickness must be leave without pay and in no circumstances may an teacher have an absence during or following the birth of the child credited against her sick leave entitlement.
5.2.4 Leave to attend partner at birth of their child.
(a) Permanently appointed teachers will be granted two (2) days’ paid leave to attend their partner at the birth of their child.
5.3 Bereavement/Tangihanga Leave for Death in New Zealand or Overseas
5.3.1 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).
5.3.2 In granting time off, 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 the maximum time possible to make any arrangements necessary. In most cases the necessary approval will be given immediately, but may be given retrospectively where necessary;
(f) If paid special leave is not appropriate then leave without pay should be granted.
(g) 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 5.3.1 and 5.3.2 above. This provision will not apply if the teacher is on leave without pay.
5.3.1 Ka taea te tuku i tëtahi kaiako me te utu anö hoki, kia wātea ki te whakarite i ngā ähuatanga ki te whakatakoto i töna aroha rānei ki tëtahi tupapaku, i tino tata atu möhiotia hoki e ia. Tërä pea nöna ake, he whanaunga tonu ränei, i raro i ngā āhuatanga a iwi rānei kia tae atu ki tëtahi wähanga, ki te katoa rānei o te wä o te tangihanga, hura köhatu, ëtahi atu tikanga a rite ränei.
5.3.2 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 wähanga nui tä te kaimahi ki te whakahaere, käore ränei, i ngä whakariterite mo te tangihanga;
(c) Te wä tuku kia wätea e hiahiatia ana, mo ënei whakahaere, whakariterite hei mahi mäna;
(d) Me whakaaetia tëtahi wä e tika ana mo te haere atu hoki mai, ëngari mënä he haere ki täwähi käore 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 wātea o te kaiako ki te whakariterite i ngä mea katoa e pä ana ki a ia. I te nuinga o ënei tü ähuatanga ka hoatu tonutia te whakaae, ëngari i ëtahi wä, kua tae kua hoki mai kë te kaimahi ki te tangihanga, i mua o te hoatutanga i te whakaae mënä e tika ana;
(f) Mehemea käore e tika ana kia whiwhi i tënei tuku whakawātea me te utu hoki, tërä pea ka whakaaetia kia tangohia atu i o whakawātea (hararei) a tau, whakawātea mo te kore utu rānei, engari koinei te mutunga.
(g) Mehemea ka pā mai he aituä ki tëtahi kaiako i te wä o täna whakawātea a tau, o tāna whakawātea a turoro (me te utu), o ëtahi atu whakawātea hirahira (me te utu) rānei, ka taea te whakatārewa i taua whakawätea, kia pai ai te tuku whakawātea tangihanga ki a ia i raro o te ture. I runga ake nei (5.3.1 me 5.3.2). Käore tënei whakaarotanga e tukuna mehemea kāore te kaiako i te utua mö te wä whakawātea.
5.4 Hui Leave
5.4.1 Teacher Development - Bilingual Class - All teachers in bilingual classes may be entitled to one (1) day’s paid leave per year to attend district, regional or national hui on bilingual education.
5.4.2 Ngä whakataetae mo ngä kapa haka kura tuarua - There is a national entitlement of fourteen (14) teacher relief days to run the contests, together with a national travel provision of $204.00.
5.5 Leave for Family Reasons
5.5.1 (a) A teacher may be granted leave for family reasons subject to meeting the requirements as provided for in clauses 5.5.2 - 5.5.5 below.
(b) Definition - For the purposes of clause 5.5, the terms “near relative” and “near relative-in-law” mean the teacher’s:
The terms do not exist beyond those degrees of relationship.
5.5.2 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 family - 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 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 5.2.6, 5.2.7 or 5.8.
5.5.4 Recurring serious illness
When a teacher applies for several periods of leave because of recurring illness in the family, the employer has the 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 teacher may be granted one day’s paid leave per year plus travelling time in terms of clause 5.8 below for the following occasions. Relieving teachers may be granted leave for important family and other occasions as for permanent teachers, provided that in the case of marriage leave for their own wedding their absence does not require the employment of other relieving teachers.
(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 spouse, child, sibling or parent;
(d) Attendance at court for an adoption order;
(e) Rosh Hashonah and Yom Kippur for teachers of the Jewish faith.
5.6 Special Leave
5.6.1 Special leave of absence with or without pay may be granted to a teacher subject to meeting the requirements as provided for in clauses 5.6.2 - 5.6.10 below. Unless stated otherwise, the special leave provisions apply to full-time permanent and long-term relieving teachers.
5.6.2 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.
5.6.3 Candidates in General Elections
The provisions of the Electoral Act 1993 and its amendments shall apply.
5.6.4 Sports leave
Where such leave is approved by the employer, teachers are entitled to leave with pay for overseas sports tours, interprovincial 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) interprovincial 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.
5.6.5 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.
5.6.6 Study Leave
(a) Teachers who apply for and may be awarded study leave as part of the
(i) five full time equivalent study leave positions or
(ii) two full time equivalent study leave positions for pursuing studies in te reo Mäori or Mäori immersion learning available nationally each year to area schools shall be granted leave on pay for the period of the study.
(b) Employers may approve leave without pay for pre-examination study and leave on pay for time spent sitting examinations, plus necessary travelling time.
(c) The employer may grant leave on pay to teachers who are awarded scholarships and fellowships for the duration of the agreement, plus reasonable travelling time.
Note: A teacher in receipt of the allowance for the Community of Learning | Kāhui Ako 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.
5.6.7 Meetings of statutory and local authorities
(a) Teachers may be granted, by the employer, 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 5.6.7(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;
5.6.8 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 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 (7) days leave with pay may be granted) provided that this provision is for emergencies only. 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.
5.6.9 Study Support Grant
(a) Twelve area school study support grants per annum shall be available nationally to fully certificated teachers who are permanently appointed.
(b) Teachers who are awarded one of the 12 area school 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 area school 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 area school study support grants from time to time.
5.6.10 Sabbatical Leave Awards
(a) 12 sabbatical leave awards per annum shall be available nationally for full-time certificated teachers.
(b) Sabbatical leave is of ten weeks duration and is paid at the teacher’s normal salary.
Note: A teacher in receipt of the allowance for the Community of Learning | Kāhui Ako Teacher (across community) role may apply for a Sabbatical Leave Award to be taken up 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 Learning | Kāhui Ako.
5.7 Refreshment Leave
5.7.1 Full-time registered teachers who have attained the Experienced Classroom Teacher level of the Professional Standards shall be entitled (subject to clause 5.7.2) 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.
5.7.2 The ability to take up the entitlement to refreshment leave in clause 5.7.1 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 endeavours to find a suitable reliever. Reasonable endeavours 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:
Number of teachers in the school
Maximum number of teachers who may be on
Up to 7 teachers
One teacher on leave
8 to 15 teachers
Two teachers on leave
16 to 21 teachers
Three teachers on leave
22 or more teachers
Four teachers on leave
(e) Where more than the number of teachers, provided for in clause 5.7.2(d), within a school apply for refreshment leave, the priority will be given to those with the greatest length of service in the school.
(f) A teacher in receipt of the allowance for the Community of Learning | Kāhui Ako Teacher (across community) role may apply for refreshment leave to be taken up 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 Learning | Kāhui Ako.
Note: A teacher in receipt of the allowance for the Community of Learning | Kāhui Ako 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.
5.7.3 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.
5.7.4 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.
5.7.5 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 clause 5.7.1 for refreshment leave relate solely to this provision and do not apply to any other forms of leave.
5.8 Other Forms of Leave
5.9 Travelling Time for Leave Purposes
5.9.1 Where specifically approved in this agreement, travelling time with pay for a period 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.
5.10 Leave Records
5.10.1 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.
5.11 Domestic Violence Leave
5.11.1 Leave as provided for by the Domestic Violence Victims Act 2018 is in addition to other leave allowances within this collective agreement.