LEAVE AND PUBLIC HOLIDAYS 38 Annual Leave
38.1 Employees (other than casuals) will be entitled to 4 weeks paid annual leave per annum, provided that Continuous Shiftworkers shall be entitled to one additional week’s paid annual leave.
38.2 An Employee’s entitlement to paid annual leave accrues progressively during a year of service according to the Employee’s ordinary hours of work, and accumulates from year to year.
38.3 The Employer must maintain a leave accrual system that accurately accrues annual leave progressively throughout the year in accordance with this Agreement.
38.4 Annual Leave is paid at the Ordinary Rate being paid to the Employee immediately prior to the taking of the Annual Leave, plus 17.5% loading.
38.5 Taking of Annual leave
(a) Other than the Easter and Christmas Shutdown outlined in clause 38.7, the Employer and Employee shall seek to reach agreement on the taking of annual leave at a mutually convenient time. The Employer will not otherwise unreasonably refuse an Employee’s request to take annual leave.
(b) The Employer cannot otherwise direct an Employee to take Annual Leave unless the Employer directs an Employee to take excessive accrued Annual Leave in accordance with clauses 38.6 – 38.8 of the Award.
Public Holidays 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)
10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:
a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.
b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003.
c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday.
10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee.
10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked.
10.7 Off duty day upon which the employee does not work:
a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday.
b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay.
10.8 Public holidays falling during leave:
a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.
Holiday Rules The following rules apply to all holidays except the personal holiday:
A. Employees will be paid at a straight-time rate even though they do not work.
B. In addition to Subsection A above, employees will be paid for the hours actually worked on a holiday at the overtime rate, in accordance with Article 7, Overtime.
C. For full-time employees with a Monday-through-Friday work schedule:
1. When a holiday falls on a Saturday, the Friday before will be the holiday.
2. When a holiday falls on a Sunday, the following Monday will be the holiday.
D. For full-time employees who do not have a Monday-through-Friday work schedule:
1. When a holiday falls on the employee’s scheduled workday, that day will be considered the holiday.
2. When a holiday falls on the employee’s scheduled day off, the agency will treat the employee’s workday before or after as the holiday.
3. Upon approval, an employee may schedule an alternate day off as their holiday as long as the requested day off falls within the same pay period as the holiday or in either workweek adjacent to that pay period.
E. The holiday for night shift employees whose work schedules begin on one calendar day and ends on the next will be determined by the agency. It will start either at:
1. The beginning of the scheduled night shift that begins on the calendar holiday, or
2. The beginning of the shift that precedes the calendar holiday. The decision will be the same for all employees in a facility unless there is agreement to do otherwise between the agency and one (1) or more affected employees, or with the Union, which will constitute agreement of the employees.
F. Part-time employees who were employed before and after the holiday and for a period of at least twelve (12) calendar days during the month (but not including the holiday) will be compensated in cash or compensatory time for the holiday in an amount proportionate to the time in pay status during the month to that required for full-time employment.
G. A full-time employee will qualify for holiday compensation if they are employed before the holiday and is in pay status:
1. For the entire work shift preceding the holiday; or
2. For at least eighty (80) non-overtime or non-standby hours during the month, not counting the holiday.
Annual Leave 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
General Leaves When no other leaves are available, a leave of absence may be granted to an employee on a paid or unpaid basis at any time upon any terms acceptable to the District and an employee.
General Leave Notwithstanding any provision for leave in this Agreement, the Employer may grant a leave of absence without pay to an employee requesting leave for an emergency or other unusual circumstances. A leave of absence may also be granted for any other reason in which case approval shall not be unreasonably withheld. All requests and approvals for leave shall be in writing. Upon request, the Employer will give reasons orally for withholding approval.
Public Holiday Work (a) For Employees other than Shiftworkers, double time and a half must be paid for any Public Holiday Work with a minimum payment of four hours.
(b) For Shiftworkers, double time and a half (inclusive of their shift loading) must be paid for any Public Holiday Work with a minimum payment of four hours.
Legal Leave 1The University shall grant leave of absence with pay to a member of faculty who is called to serve as a juror or a witness in a court of law in a matter in which he/she is not a party or an accused.
Vacation, Holidays and Sick Leave During the Term, the Executive shall be entitled to paid vacation, paid holidays and sick leave in accordance with the Company's standard policies for its senior executive officers.
Holiday Leave Holiday leave provisions shall be as noted below:
9.9.1 Employees in the bargaining unit shall be entitled to the following holidays with pay providing the employee is in a paid status the immediate work day before or the immediate work day following such holiday: New Year’s Day Xxxxxx Xxxxxx Xxxx’x Birthday Xxxxxxx’s Birthday Washington’s Birthday Native American Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day December 31
9.9.2 Regular employees of the District who are not normally assigned to duty during the school holidays during Christmas recess shall be paid for those holidays received by regular classified employees provided they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period.
9.9.3 It is agreed by the parties that there shall be five (5) additional Board granted local classified holidays each fiscal year of this contract that will be granted during the holiday recess period for all classified employees.
9.9.4 It is agreed that certain positions or classes within the Police, Payroll and Information Technology Services may be required, due to business necessity, to perform services on Board holidays during the Christmas recess period. The District shall notify the Union by November 1, concerning the positions, classes and individuals affected. Any employee required to work on such holidays shall be compensated at the overtime rate of time and one-half (1.5) in addition to his/her regular salary.
9.9.5 When a holiday falls on a Sunday, the succeeding workday not a holiday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on a Saturday, the preceding workday not a holiday shall be deemed to be the holiday in lieu of the day observed.
9.9.6 Should a holiday as enumerated above or any other day designated by the Governing Board as a public holiday occur while an employee is absent from work because of sick leave, vacation, or any other paid leave of absence, the holiday shall be considered as time worked and shall not be deducted from his/her other paid leave of absence.
9.9.7 Employees shall be entitled to the same number of holidays, regardless of whether they work Monday through Friday or some other shift.
9.9.8 An employee required by his/her supervisor to work on a holiday shall receive time and a half in addition to his/her regular day’s pay for work on the holiday. If the employee does work and is paid overtime for working on a holiday, he/she shall not receive an additional day off.
9.9.9 Where a holiday falls on a non-work day for an employee in the classification of Police Services Officer, that employee will be paid time and one-half in addition to regular salary for the first non-holiday workday following the holiday. That day will be designated as the alternate holiday on the employee’s monthly absence report, and he/she shall not receive an additional day off.
9.9.10 Where a holiday falls on a non-work day for a classified employee, the employee will be given time off in-lieu of the holiday at the same ratio as their work schedule bears to full-time employees, within the same pay period (currently calendar month). The in-lieu time off may be before or after the actual holiday. If, due to business reasons, it is not possible to schedule the in-lieu time off within the same pay period, the in-lieu time off may be taken no later than the next pay period (currently calendar month). Such arrangement must be with the concurrence of the employee and the supervisor. The amount of in-lieu time the employee is to be given will be the ratio of the employee’s total work schedule to the hours given a full-time employee. The actual shift hours and/or days the employee works is irrelevant for calculating in-lieu time off.
Example 1 An employee works 50% time (20 hours per week), with shifts of Monday – Thursday 5 hours each day. The employee will be granted 4 hours of holiday in-lieu time for each holiday that falls on a Friday. This is calculated by multiplying the percent of time worked (or FTE) by 8 hours for the holiday. 50% X 8 hours = 4 hours Example 2 – An employee works 60% time (24 hours per week), with shifts of Monday and Friday 8 hours each day, and Tuesday and Wednesday 4 hours each day. The employee will be granted 4.8 hours of holiday in-lieu time for each holiday that falls on a Thursday. This is calculated by multiplying the percent of time worked (or FTE) by 8 hours for the holiday. 60% X 8 hours = 4.8 hours Holiday in-lieu time off may be combined with accrued vacation time to allow for entire shifts off. All holiday in-lieu hours are to be noted on the absence report in the month taken by using the “HL” notation in the appropriate box.
9.9.11 Pay warrants for December will be distributed between 1:00 p.m. and 5:00 p.m. at the locations’ business offices on any regular payday which falls on a day designated for close down, or, which falls on a day other than a legal holiday as specified within the Education Code.
9.9.12 Employees in the classification of Police Services Officer will be required to work on any holiday that falls on a regularly scheduled workday. They will be paid time and one-half in addition to regular salary for all holiday work. If two or more officers regularly work the same day and hours (double coverage), one may elect to observe the holiday. The officer with the highest seniority date electing to observe the holiday will be granted holiday leave. Officers will be permitted to arrange for voluntary substitutes for their holiday shifts from the employees employed as Police Services Officers.
