Common use of PROVISIONS RELATING TO LEAVE Clause in Contracts

PROVISIONS RELATING TO LEAVE. Public Holidays Employees shall be entitled to public holidays pursuant to the Holidays Act 2003, which includes: • Christmas Day • Boxing Day • New Year’s Day • 2 January • Waitangi Day • Good Friday • Easter Monday • ANZAC Day • the birthday of the reigning Sovereign (observed on the first Monday in June) • the day on which a public holiday is observed to acknowledge Matariki (Te ▇▇ ▇▇▇ ki a Matariki/Matariki Observance Day) • Labour Day (being the fourth Monday in October): • the day of the anniversary of a province or the day locally observed as that day (related to where the employee lives). Where the public holiday falls on a day that would otherwise be a working day for an employee, the employee shall be entitled to be paid for that public holiday. The employer shall be entitled to require an employee to work on a Public Holiday and to stipulate the number of hours to be worked on the Public Holiday. Where such a day is worked, the following shall apply: • Hospital - employees shall be paid at the rate of one and a half times (T1.5) their hourly rate for the hours actually worked. • Administration, Customer Service, Hospice and District Nursing Employees – employees shall be paid at the rate of two times (T2) their hourly rate for the hours actually worked. Where the public holiday falls on a day that would otherwise be a working day for the employee, and the employee works on the public holiday, the employee shall receive, in addition to payment for working on the public holiday (Clause 17.2), an alternative paid holiday of one day at a later date. The timing of the alternative paid holiday will be determined by agreement between the employer and the employee or, in the absence of agreement being reached, according to the Holidays Act 2003. Establishing an otherwise working day - where an employee’s days of work are fixed, the employee shall only by entitled to public holiday provisions if the day would otherwise be a working day for that employee. When the employee’s days are not fixed, the employee shall be entitled to the public holiday provisions if they worked the day of the week that the public holiday falls on for 5 or more of the previous 12 weeks. Payment for the day will be relevant daily pay. Administration/Customer Service staff working on Christmas day will be provided with a meal. .Leave without pay on a Public Holiday: An employee shall not be entitled to payment for a public holiday falling during a period of leave without pay (including sick leave without pay) unless the employee has worked during the fortnight ending on the day on which the holiday is observed. Payment shall be made in accordance with Holidays Act. Leave on reduced pay: An employee, during a period on reduced pay shall be paid the relevant daily pay for public holidays falling during the period of such leave. Annual Leave Permanent employees shall be entitled to four weeks' annual leave, taken and paid in accordance with the Holidays Act 2003 and subject to the other provisions of this clause. On the completion of five years of current continuous service, employees will receive: • A total of four weeks and three days’ annual leave per annum pro rata. Employees commenced accruing this additional entitlement on their next anniversary date from 14 January 2014. • From 3 January 2018 on the completion of 5 years’ current continuous service employees will receive a total of four weeks and four days’ annual leave per annum pro rata. Additional leave will accrue from the employee’s next anniversary date effective from 3 January 2018. • From 15 September 2018 on the completion of 5 years’ current continuous service employees will receive a total of five weeks’ annual leave per annum pro rata. Additional leave will accrue from the employee’s next anniversary date from 15 September 2018. Permanent employees who work qualifying shifts are entitled after 12 months’ continuous shift work, to up to 5 days’ additional annual leave in accordance with Clause 14. Such leave should be taken within 12 months of the employee’s annual leave anniversary day. Casual or temporary/fixed term employees shall be entitled to annual leave, taken and paid in accordance with the Holidays Act 2003 and subject to the other provisions of this clause. Annual leave is able to be accrued to a maximum of two years’ entitlement with approval of the employer. An employee will be permitted to take annual holidays within 12 months of the date at which the employee’s holiday entitlement arose. If leave is not taken within this period notice may be given to the employee as to when the leave shall be taken. Notice of such leave shall not be less than three weeks for administration staff and 14 days for all other employees. The parties to this agreement agree that the taking of a minimum of 4 weeks’ annual leave during each 12 months of employment is essential for the rest and recreation needs of all employees. Therefore, the employer will not promote or accept requests from employees to pay out one week of their yearly four-week annual leave entitlement except where the employee establishes that exceptional circumstances require them to make such request. The employer and employee agree that payment for annual holidays will be made in accordance with the normal pay cycle. Terms and conditions for School-based Nurses School based Nurses are employed for 47 weeks per year. Annual leave will be taken during the five (5) week end of year break within December and the end of January, in accordance with school closures. Leave without pay will be taken during the term breaks. If they wish and are competent to do so, School based nurses may make themselves available for casual district nursing work during the between term unpaid break only. Any such casual work will be on the basis of a separate employment agreement and offer letter Special Holidays for Long Service Permanent employees shall be entitled to special holidays in addition to annual leave as follows: One special holiday of one week pro rata after the completion of 10 years’ current continuous service with the employer which shall be taken before the completion of 15 years of current continuous service with the employer. Clinical (Non administration staff) :One special holiday of two weeks’ pro rata after the completion of 15 years of current continuous service with the employer which shall be taken before the completion of 25 years of current continuous service with the employer. Administration/Customer Service staff: One special holiday of one week pro rata after the completion of 15 years of current continuous service with the employer which shall be taken before the completion of 25 years of current continuous service with the employer. One special holiday of three weeks’ pro rata after the completion of 25 years of current continuous service with the employer which shall be taken before the completion of 30 years of current continuous service with the employer. One special holiday of two weeks’ pro rata after the completion of 30 years of current continuous service with the employer which shall be taken before the completion of 35 years of current continuous service with the employer. This special holiday leave may be taken in one total period, or on an agreed flexibility basis where the employee may elect to take small periods of leave at a time (for example, one day per week for a period of 10 weeks, as a phased approach towards retirement). One special holiday of five weeks’ pro rata after the completion of 35 years of current continuous service with the employer which shall be taken before the date of retirement. All such special holidays provided for in sub-clause 20.1, with the exception of clause 20.1.4, shall be on current salary, and are to be taken, where possible, in one period at such time as agreed between the employer and the employee. If an employee having become entitled to a special holiday leaves her/his employment before such holiday has been taken, she/he shall be paid in lieu thereof. Where the employer and the employee mutually agree payment may be made in lieu of the holiday being taken. Sick Leave Employees are entitled to sick leave pursuant to the Holidays Act 2003. Unused sick leave shall accumulate to a maximum of 70 days for permanent staff employees. Sick leave may be taken where: (i) an employee is sick or injured, or (ii) an employee’s spouse is sick or injured, or (iii) a person who depends on an employee for care is sick or injured. Sick leave shall be paid in accordance with the Holidays Act 2003. Notice shall be given to the employer as soon as possible of absence due to sick leave, and where at all possible before the commencement of the day’s work. A claim for sick pay shall be supported by a Medical Certificate if requested by the employer, after 3 calendar days’ absence from the workplace, whether or not the days would otherwise be working days for the employee. The cost of the medical certificate will be borne by the employee. The employer may require an employee to provide a medical certificate after one day’s absence for sick leave provided to an employee in excess of the minimum entitlement provided by the holidays Act 2003. The cost of the medical certificate will be borne by the employee. At any time, other than detailed above, the employer may require the employee to provide a medical certificate to confirm proof of sickness or, where applicable their fitness to return to work. The cost of the medical certificate related to such requests will be borne by the employer. These provisions are inclusive of the sick leave entitlements contained in the Holidays Act 2003. An employee who is on annual leave shall be entitled to sick leave in accordance with the provisions of the Holidays Act 2003 At the employer’s discretion an employee may be granted further anticipated ▇▇▇▇ Leave in the event of an employee having no entitlement left. Leave granted under this provision may be debited as an advance on the next years’ entitlement – up to a maximum of 5 days. The employer is entitled to repayment from the employee in the event of termination of employment prior to the employee’s next entitlement arising. Bereavement Leave In accordance with the Holidays Act 2003, after six months’ continuous employment, leave of up to three (3) days shall be allowed to the employee on the death of an employee’s spouse, parent, child, brother or sister, father-in-law or mother-in-law, grandparent or grandchild. In accordance with the Holidays Act 2003, leave of one (1) day may be allowed on the death of any other person if the employer accepts, having regard to the following factors, that an employee has suffered a bereavement as a result of the death: (i) the closeness of the association between the employee and the deceased person; (ii) whether the employee has to take significant responsibility for all or any of the arrangements for the ceremonies relating to the death; and (iii) any cultural responsibilities of the employee in relation to the death. Casual or Temporary / Fixed Term Employees Casual and temporary/fixed term employees will be entitled to sick leave and bereavement leave in accordance with the provisions of the Holidays Act 2003 following six months’ continuous employment. Leave without Pay In the event that an employee requests to take leave without pay for professional development reasons or to assist a direct relative on compassionate grounds, or other similar situation, the employer may grant such leave to a limit of three months without loss of current continuous service or position. The employer acknowledges that approval of such request will not be unreasonably withheld. Approval of any request for leave without pay for a period longer than three months is entirely at the discretion of the employer and employees will have no expectation that such leave will be approved. Where leave without pay is approved for a period of longer than three months, the employee will relinquish their rights to any benefits related to current continuous service. Training and Education Leave The employer shall grant Educational leave to Registered and Enrolled Nurses and Administration/Customer Service staff to a maximum of 32 hours per year for full time employees. Part time employee’s entitlements will be pro-rated to no less than 8 hours per year. Leave entitlements will be renewed on the employee’s anniversary date. This leave is to enable employees to complete qualifications, to attend courses and to undertake research or projects that are relevant to the employer and which facilitate the employee’s growth and development. Such leave will be granted at the employer's discretion and is to be taken in accordance with the Nurse ▇▇▇▇▇ Policy on Education Leave. If education leave is granted the following conditions shall apply: An employee who takes educational leave at her/his own request and who terminates her/his employment within six months of receiving notification of successfully completing and passing the course shall reimburse the employer for fees outlaid on a pro-rata basis. Such payment shall be deducted from outstanding salary and/or holiday pay. One day's paid study leave may be granted prior to each final examination, subject to service requirements, where an examination is part of the training requirements. All arrangements and obligations in respect of training and educational leave shall be agreed at the time of approval of such leave. Where an approved course for Clinical Staff is Health Workforce New Zealand funded and the employee is approved to attend by ▇▇▇▇▇ ▇▇▇▇▇, additional educational leave will be granted in accordance with course requirements. An employee may take paid educational leave on a non-working day after seeking approval from the employer. In this instance, a day off must be scheduled within the same pay period to ensure FTE is maintained. Where an employee is directed by the employer to attend any job-related course during working hours, she/he shall be allowed time off without loss of pay or deduction from Educational Leave hours upon producing satisfactory proof of attendance. In the situation where an employee applies for support for training and development opportunities that are of a longer duration and/or require more significant support, the employer may, at its discretion as part of its approval process, make individualised arrangements such as a bonding agreement based on length of service during and post study or a reimbursement based on level of academic achievement. Proficient 1 day p.a. Expert/Accomplished 2 days p.a. Parental Leave Parental leave shall be granted in accordance with the Parental Leave and Employment Protection Act 1987, and in accordance with Nurse ▇▇▇▇▇ Policies and Procedures.

Appears in 1 contract

Sources: Collective Agreement

PROVISIONS RELATING TO LEAVE. Public Holidays Employees shall be entitled to 11 public holidays pursuant per year, in addition to annual leave. These days shall be those specified in the Holidays Act 2003, which includes: • Christmas Day • Boxing Day • New Year’s Day • 2 January • Waitangi Day • Good Friday • Easter Monday • ANZAC Day • the birthday of the reigning Sovereign (observed on the first Monday in June) • the day on which a public holiday is observed to acknowledge Matariki (Te ▇▇ ▇▇▇ ki a Matariki/Matariki Observance Day) • Labour Day (being the fourth Monday in October): • the day of the anniversary of a province or the day locally observed as that day (related to where the employee lives)▇▇. Where the public holiday Public Holiday falls on a day that would otherwise be a working day for an employee, the employee shall be entitled to be paid for that public holidayPublic Holiday. The employer shall be entitled to require an employee to work on a Public Holiday and to stipulate the number of hours to be worked on the Public Holiday. Where such a day is worked, the following shall apply: • Hospital - employees shall be paid at the rate of one and a half times (T1.5) their hourly rate for the hours actually worked. • Administration, Customer Service, Hospice and District Nursing Employees – employees shall be paid at the rate of two times (T2) their hourly rate for the hours actually worked. Where the public holiday falls on a day that would otherwise be a working day for the employee, and the employee works on the public holiday, the employee shall receive, in addition to payment for working on the public holiday (Clause 17.2), an alternative paid holiday of one day at a later date. The timing of the alternative paid holiday will be determined by agreement between the employer and the employee or, in the absence of agreement being reached, according to the Holidays Act 2003▇▇▇ ▇▇▇▇. Establishing an otherwise working day - where an employee’s days of work are fixed, the employee shall only by entitled to public holiday provisions if the day would otherwise be a working day for that employee. When the employee’s days are not fixed, the employee shall be entitled to the public holiday provisions if they worked the day of the week that the public holiday falls on for 5 or more of the previous 12 weeks. Payment for the day will be relevant daily pay. Administration/Customer Service staff working on Christmas day will be provided with a meal. .Leave without pay on a Public Holiday: An employee shall not be entitled to payment for a public holiday falling during a period of leave without pay (including sick leave without pay) unless the employee has worked during the fortnight ending on the day on which the holiday is observed. Payment shall be made in accordance with Holidays Act. Leave on reduced pay: An employee, during a period on reduced pay shall be paid the relevant daily pay for public holidays falling during the period of such leave. Annual Leave Permanent employees shall be entitled to four weeks' annual leave, taken and paid in accordance with the Holidays Act 2003 ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and subject to the other provisions of this clause. On the completion of five years of current continuous service, employees will receive: • A total of four weeks and three days’ annual leave per annum pro rata. Employees commenced accruing this additional entitlement on their next anniversary date from 14 January 2014. • From 3 January 2018 on the completion of 5 years’ current continuous service employees will receive a total of four weeks and four days’ annual leave per annum pro rata. Additional leave will accrue from the employee’s next anniversary date effective from 3 January 2018. • From 15 September 2018 on the completion of 5 years’ current continuous service employees will receive a total of five weeks’ annual leave per annum pro rata. Additional leave will accrue from the employee’s next anniversary date from 15 September 2018. Permanent employees who work qualifying shifts are entitled after 12 months’ continuous shift work, to up to 5 days’ additional annual leave in accordance with Clause 14. Such leave should be taken within 12 months of the employee’s annual leave anniversary day. Casual or temporary/fixed term employees shall be entitled to annual leave, taken and paid in accordance with the Holidays Act 2003 ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and subject to the other provisions of this clause. Annual leave is able to be accrued to a maximum of two years’ entitlement with approval of the employer. An employee will be permitted to take annual holidays within 12 months of the date at which the employee’s holiday entitlement arose. If leave is not taken within this period notice may be given to the employee as to when the leave shall be taken. Notice of such leave shall not be less than three weeks for administration staff and 14 days for all other employees. The parties to this agreement agree that the taking of a minimum of 4 weeks’ annual leave during each 12 months of employment is essential for the rest and recreation needs of all employees. Therefore, the employer will not promote or accept requests from employees to pay out one week of their yearly four-week annual leave entitlement except where the employee establishes that exceptional circumstances require them to make such request. The employer and employee agree that payment for annual holidays will be made in accordance with the normal pay cycle. Terms and conditions for School-based Nurses School based Nurses are employed for 47 weeks per year. Annual leave will be taken during the five (5) week end of year break within December and the end of January, in accordance with school closures. Leave without pay will be taken during the term breaks. If they wish and are competent to do so, School based nurses may make themselves available for casual district nursing work during the between term unpaid break only. Any such casual work will be on the basis of a separate employment agreement and offer letter Special Holidays for Long Service Permanent employees shall be entitled to special holidays in addition to annual leave as follows: One special holiday of one week pro rata after the completion of 10 years’ current continuous service with the employer which shall be taken before the completion of 15 years of current continuous service with the employer. Clinical (Non administration staff) :One special holiday of two weeks’ pro rata after the completion of 15 years of current continuous service with the employer which shall be taken before the completion of 25 years of current continuous service with the employer. Administration/Customer Service staff: One special holiday of one week pro rata after the completion of 15 years of current continuous service with the employer which shall be taken before the completion of 25 years of current continuous service with the employer. One special holiday of three weeks’ pro rata after the completion of 25 years of current continuous service with the employer which shall be taken before the completion of 30 years of current continuous service with the employer. One special holiday of two weeks’ pro rata after the completion of 30 years of current continuous service with the employer which shall be taken before the completion of 35 years of current continuous service with the employer. This special holiday leave may be taken in one total period, or on an agreed flexibility basis where the employee may elect to take small periods of leave at a time (for example, one day per week for a period of 10 weeks, as a phased approach towards retirement). One special holiday of five weeks’ pro rata after the completion of 35 years of current continuous service with the employer which shall be taken before the date of retirement. All such special holidays provided for in sub-clause 20.1, with the exception of clause 20.1.4, shall be on current salary, and are to be taken, where possible, in one period at such time as agreed between the employer and the employee. If an employee having become entitled to a special holiday leaves her/his employment before such holiday has been taken, she/he shall be paid in lieu thereof. Where the employer and the employee mutually agree payment may be made in lieu of the holiday being taken. Sick Leave Employees are entitled to sick leave pursuant to the Holidays Act 2003. Unused sick leave shall accumulate to a maximum of 70 days for permanent staff employees. Sick leave may be taken where: (i) an employee is sick or injured, or (ii) an employee’s spouse is sick or injured, or (iii) a person who depends on an employee for care is sick or injured. Sick leave shall be paid in accordance with the Holidays Act 2003▇▇▇ ▇▇▇▇. Notice shall be given to the employer as soon as possible of absence due to sick leave, and where at all possible before the commencement of the day’s work. A claim for sick pay shall be supported by a Medical Certificate if requested by the employer, after 3 calendar days’ absence from the workplace, whether or not the days would otherwise be working days for the employee. The cost of the medical certificate will be borne by the employee. The employer may require an employee to provide a medical certificate after one day’s absence for sick leave provided to an employee in excess of the minimum entitlement provided by the holidays Act 2003▇▇▇ ▇▇▇▇. The cost of the medical certificate will be borne by the employee. At any time, other than detailed above, the employer may require the employee to provide a medical certificate to confirm proof of sickness or, where applicable their fitness to return to work. The cost of the medical certificate related to such requests will be borne by the employer. These provisions are inclusive of the sick leave entitlements contained in the Holidays Act 2003▇▇▇ ▇▇▇▇. An employee who is on annual leave shall be entitled to sick leave in accordance with the provisions of the Holidays Act 2003 ▇▇▇ ▇▇▇▇ At the employer’s discretion an employee may be granted further anticipated ▇▇▇▇ Sick Leave in the event of an employee having no entitlement left. Leave granted under this provision may be debited as an advance on the next years’ entitlement – up to a maximum of 5 days. The employer is entitled to repayment from the employee in the event of termination of employment prior to the employee’s next entitlement arising. Bereavement Leave In accordance with the Holidays Act 2003▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, after six months’ continuous employment, leave of up to three (3) days shall be allowed to the employee on the death of an employee’s spouse, parent, child, brother or sister, father-in-law or mother-in-law, grandparent or grandchild. In accordance with the Holidays Act 2003▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, leave of one (1) day may be allowed on the death of any other person if the employer accepts, having regard to the following factors, that an employee has suffered a bereavement as a result of the death: (i) the closeness of the association between the employee and the deceased person; (ii) whether the employee has to take significant responsibility for all or any of the arrangements for the ceremonies relating to the death; and (iii) any cultural responsibilities of the employee in relation to the death. Casual or Temporary / Fixed Term Employees Casual and temporary/fixed term employees will be entitled to sick leave and bereavement leave in accordance with the provisions of the Holidays Act 2003 ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ following six months’ continuous employment. Leave without Pay In the event that an employee requests to take leave without pay for professional development reasons or to assist a direct relative on compassionate grounds, or other similar situation, the employer may grant such leave to a limit of three months without loss of current continuous service or position. The employer acknowledges that approval of such request will not be unreasonably withheld. Approval of any request for leave without pay for a period longer than three months is entirely at the discretion of the employer and employees will have no expectation that such leave will be approved. Where leave without pay is approved for a period of longer than three months, the employee will relinquish their rights to any benefits related to current continuous service. Training and Education Leave The employer shall grant Educational leave to Registered and Enrolled Nurses and Administration/Customer Service staff to a maximum of 32 hours per year for full time employees. Part time employee’s entitlements will be pro-rated to no less than 8 hours per year. Leave entitlements will be renewed on the employee’s anniversary date. This leave is to enable employees to complete qualifications, to attend courses and to undertake research or projects that are relevant to the employer and which facilitate the employee’s growth and development. Such leave will be granted at the employer's discretion and is to be taken in accordance with the Nurse ▇▇▇▇▇ Policy on Education Leave. If education leave is granted the following conditions shall apply: An employee who takes educational leave at her/his own request and who terminates her/his employment within six months of receiving notification of successfully completing and passing the course shall reimburse the employer for fees outlaid on a pro-rata basis. Such payment shall be deducted from outstanding salary and/or holiday pay. One day's paid study leave may be granted prior to each final examination, subject to service requirements, where an examination is part of the training requirements. All arrangements and obligations in respect of training and educational leave shall be agreed at the time of approval of such leave. Where an approved course for Clinical Staff is Health Workforce New Zealand funded and the employee is approved to attend by ▇▇▇▇▇ Nurse ▇▇▇▇▇, additional educational leave will be granted in accordance with course requirements. An employee may take paid educational leave on a non-working day after seeking approval from the employer. In this instance, a day off must be scheduled within the same pay period to ensure FTE is maintained. Where an employee is directed by the employer to attend any job-related course during working hours, she/he shall be allowed time off without loss of pay or deduction from Educational Leave hours upon producing satisfactory proof of attendance. In the situation where an employee applies for support for training and development opportunities that are of a longer duration and/or require more significant support, the employer may, at its discretion as part of its approval process, make individualised arrangements such as a bonding agreement based on length of service during and post study or a reimbursement based on level of academic achievement. Proficient 1 day p.a. Expert/Accomplished 2 days p.a. Preceptor Time: 8 hours supernumerary time will be allocated to Clinical Liaison Nurses and NETP/ENSIPP preceptors on an annual basis to create a performance appraisal and supporting documentation as part of the requirements for the related programmes. The hours and any additional hours which may be required are by negotiation and to be approved by their service manager. The additional 8 hours are not additional to existing rostered hours but to be used when the staff member would usually be rostered to work. Time may be taken as a whole unit of 8 hours or split to suit the service requirements and preceptor with permission from the service manager. The hours taken are not to be used where the service would incur penal rates Parental Leave Parental leave shall be granted in accordance with the Parental Leave and Employment Protection Act 1987▇▇▇ ▇▇▇▇, and in accordance with Nurse ▇▇▇▇▇ Policies and Procedures.

Appears in 1 contract

Sources: Collective Agreement