Common use of Special Holidays for Long Service Clause in Contracts

Special Holidays for Long Service. 8.1 Employees who complete or who have completed 20 years' continuous service with ODHB or a support service contractor working on ODHB’s sites, as defined below may be granted once only four weeks’ long service leave. Employees who complete 40 years continuous service shall be paid a taxable gratuity equivalent to 2 weeks ordinary pay. 8.2 Continuous service is defined as not less than six months’ continuous service with the following: (a) Health Service (b) Public Service; Post Office; Railways; Parliamentary Service Commission formerly Legislative Department; Parliamentary Counsel Office; Armed Forces; Police; Education Boards but only in respect of officers employed in terms of the EDUCATION AUTHORITIES EMPLOYMENT REGULATIONS 1982; and undertakings taken over by Government as going concerns. Notwithstanding the above for staff employed after 01 July 1995, service shall be defined as continuous service with ODHB only, including service that qualifies under clause 14. 8.3 Continuous service may be broken by periods of up to three months but any break in service of longer than three months SHALL debar an employee from counting the service prior to that break towards the qualifying period for long service leave. This includes periods of service over three months in an overseas post which are taken after resignation from a hospital, area health board or CHE in New Zealand. 8.4 Leave without pay in excess of three months (including sick leave without pay) taken on any one occasion cannot be included in the 20 year qualifying period, e.g., an employee who has had in aggregate a year’s leave without pay will not qualify for long service leave until 21 years of qualifying service excepting that such leave SHALL be included in the qualifying period where it was granted for: (a) standard New Zealand Government bursaries or similar Government sponsored awards; (b) recognised training courses; (c) military service; (d) New Zealand Government service on secondment or otherwise in the Cook Islands, Niue, or Tokelau Islands. In addition a period of service in an overseas post while on leave without pay in excess of three months, whether on secondment or not, may qualify as service for long service leave, provided the terms and conditions governing it are determined by the appropriate New Zealand government department. Where staff have served overseas outside normal career patterns in order to carry out a New Zealand government requirement, e.g., special aid assignments, sympathetic consideration will be given to applications for standard long service leave conditions after 20 years’ service, including a period overseas when an employee was serving the Government by enabling it to fulfil an international obligation. 8.5 Employees who resign (except under 8.7 below) or who are dismissed, except through no fault of their own, will forfeit any long service leave to which they might otherwise be entitled. 8.6 Long service leave MUST be taken in one period except that an employee recalled from leave because of an emergency is entitled to resume leave after the emergency. 8.7 Except as provided below long service leave MUST be taken within five years of qualification and before relinquishment of office or it will be forfeited. There are no exceptions to this rule. (a) Employees who are within two years of retirement when they qualify may, at the discretion of their employers be paid salary for four weeks’ leave, in lieu, at the time of retirement. (b) Employees who are aged 60 or more and who give notice of resignation may, at the discretion of the employer, be paid salary for four weeks’ leave at the time of their resignation. (c) The Company may pay salary for four weeks’ leave to an employee who retires medically unfit after qualifying for long service leave, but before taking or forfeiting it under these rules. (d) Employees who have qualified for, but not taken long service leave may, when resigning from a board and commencing employment with another, transfer the long service leave. The leave must, however, be taken within five years of qualification. 8.8 Payment for long service leave is to be on the same basis of average earnings as applies with annual leave. Average earnings are to be assessed on the basis of the calculation year preceding the leave and paid out at the commencement of the leave. 8.9 Allowances and other payments which continue during annual leave SHALL be payable during long service leave. 8.10 Where a public holiday or substituted succeeding day falls during a period of long service leave, the employee is entitled to the holiday which is not to be debited against such leave. 8.11 Reduced hours or part-time workers are to receive a pro rata reduction of pay during long service leave. 8.12 The employer may approve a cash payment equivalent to four weeks’ salary to the widow, widower or if no surviving spouse exists, to dependent child(ren) or to the estate, of a deceased employee who had qualified for long service leave but who had neither taken nor forfeited it under these rules. This payment will be in addition to any grant made under the Retirement Gratuity Provisions specified in this agreement. (a) For other employees, four weeks’ long service shall be allowed once only upon completion of 20 years’ continuous service with the same employer. Such leave shall be allowed and taken within five years of entitlement at a time to be mutually agreed upon and shall be on ordinary pay as defined in the Holidays Act 1981. (b) The foregoing long service leave shall not be in addition to any special holidays for long service allowed in terms of any previous contracts and agreements provided that no employee shall have had less than four weeks’ leave in respect of long service. (a) Applicable to those workers employed prior to the 26th day of October 1990. Any worker, residing beyond one kilometre by the most direct road route from the place of his employment, required to commence work after the cessation of public wheeled traffic or before the ordinary time of starting such traffic and any worker who may work continuously until after the cessation of public wheeled traffic and cease work before the ordinary time of starting such traffic shall be conveyed to or from his home at the expense of his employer or, if he uses his own transport, he shall be paid an allowance of $3.41 per day. No worker shall incur a higher taxi fare than $10.00 per day. Workers may share a taxi in which case $10.00 per day shall be allowed per worker towards the taxi fare. For the purpose of this agreement “public wheeled traffic” shall mean trams, buses, trains, or ferries ordinarily used by the worker travelling to or from work. (b) For workers commencing employment on or after the 26th day of October 1990 and employed on the date this agreement commences the following shall apply. Any worker, residing beyond one kilometre by the most direct road route from the place of his/her employment required to commence work after the cessation of public wheeled traffic or before the ordinary time of starting such traffic, and any worker who may work continuously until after the cessation of public wheeled traffic and cease work before the ordinary time of starting of such traffic shall be paid the allowance of $3.41 per day. For the purpose of this agreement “public wheeled traffic” shall mean trams, buses, trains, or ferries ordinarily used by the worker travelling to or from work. Where an employer elects to provide transport the provisions of this clause shall not have application. (c) Except for an emergency no worker employed after 1/11/96 has any entitlement under Clause 20.6(a) or 20.6(b). In an emergency such as car breakdown, or disinclination to drive due to snow and/or ice on roads, any worker may, provided they met the criteria of starting before or finishing after the cessation of public wheeled transport, be entitled to a taxi. The parties agree that no worker shall claim more than 5 taxis per year.

Special Holidays for Long Service. 8.1 Employees who complete or who have completed 20 years' continuous service with ODHB or a support service contractor working on ODHB’s sites, as defined below may be granted once only four weeks’ long service leave. Employees who complete 40 years continuous service shall be paid a taxable gratuity equivalent to 2 weeks ordinary pay. 8.2 Continuous service is defined as not less than six months’ continuous service with the following: (a) Health Service (b) Public Service; Post Office; Railways; Parliamentary Service Commission formerly Legislative Department; Parliamentary Counsel Office; Armed Forces; Police; Education Boards but only in respect of officers employed in terms of the EDUCATION AUTHORITIES EMPLOYMENT REGULATIONS 1982; and undertakings taken over by Government as going concerns. Notwithstanding the above for staff employed after 01 July 1995, service shall be defined as continuous service with ODHB only, including service that qualifies under clause 14. 8.3 Continuous service may be broken by periods of up to three months but any break in service of longer than three months SHALL debar an employee from counting the service prior to that break towards the qualifying period for long service leave. This includes periods of service over three months in an overseas post which are taken after resignation from a hospital, area health board or CHE in New Zealand. 8.4 Leave without pay in excess of three months (including sick leave without pay) taken on any one occasion cannot be included in the 20 year qualifying period, e.g., an employee who has had in aggregate a year’s leave without pay will not qualify for long service leave until 21 years of qualifying service excepting that such leave SHALL be included in the qualifying period where it was granted for: (a) standard New Zealand Government bursaries or similar Government sponsored awards; (b) recognised training courses; (c) military service; (d) New Zealand Government service on secondment or otherwise in the Cook Xxxx Islands, Niue, or Tokelau Islands. In addition a period of service in an overseas post while on leave without pay in excess of three months, whether on secondment or not, may qualify as service for long service leave, provided the terms and conditions governing it are determined by the appropriate New Zealand government department. Where staff have served overseas outside normal career patterns in order to carry out a New Zealand government requirement, e.g., special aid assignments, sympathetic consideration will be given to applications for standard long service leave conditions after 20 years’ service, including a period overseas when an employee was serving the Government by enabling it to fulfil an international obligation. 8.5 Employees who resign (except under 8.7 below) or who are dismissed, except through no fault of their own, will forfeit any long service leave to which they might otherwise be entitled. 8.6 Long service leave MUST be taken in one period except that an employee recalled from leave because of an emergency is entitled to resume leave after the emergency. 8.7 Except as provided below long service leave MUST be taken within five years of qualification and before relinquishment of office or it will be forfeited. There are no exceptions to this rule. (a) Employees who are within two years of retirement when they qualify may, at the discretion of their employers be paid salary for four weeks’ leave, in lieu, at the time of retirement. (b) Employees who are aged 60 or more and who give notice of resignation may, at the discretion of the employer, be paid salary for four weeks’ leave at the time of their resignation. (c) The Company may pay salary for four weeks’ leave to an employee who retires medically unfit after qualifying for long service leave, but before taking or forfeiting it under these rules. (d) Employees who have qualified for, but not taken long service leave may, when resigning from a board and commencing employment with another, transfer the long service leave. The leave must, however, be taken within five years of qualification. 8.8 Payment for long service leave is to be on the same basis of average earnings as applies with annual leave. Average earnings are to be assessed on the basis of the calculation year preceding the leave and paid out at the commencement of the leave. 8.9 Allowances and other payments which continue during annual leave SHALL be payable during long service leave. 8.10 Where a public holiday or substituted succeeding day falls during a period of long service leave, the employee is entitled to the holiday which is not to be debited against such leave. 8.11 Reduced hours or part-time workers are to receive a pro rata reduction of pay during long service leave. 8.12 The employer may approve a cash payment equivalent to four weeks’ salary to the widow, widower or if no surviving spouse exists, to dependent child(ren) or to the estate, of a deceased employee who had qualified for long service leave but who had neither taken nor forfeited it under these rules. This payment will be in addition to any grant made under the Retirement Gratuity Provisions specified in this agreement. (a) For other employees, four weeks’ long service shall be allowed once only upon completion of 20 years’ continuous service with the same employer. Such leave shall be allowed and taken within five years of entitlement at a time to be mutually agreed upon and shall be on ordinary pay as defined in the Holidays Act 1981Xxx 0000. (b) The foregoing long service leave shall not be in addition to any special holidays for long service allowed in terms of any previous contracts and agreements provided that no employee shall have had less than four weeks’ leave in respect of long service. (a) Applicable to those workers employed prior to the 26th day of October 1990. Any worker, residing beyond one kilometre by the most direct road route from the place of his employment, required to commence work after the cessation of public wheeled traffic or before the ordinary time of starting such traffic and any worker who may work continuously until after the cessation of public wheeled traffic and cease work before the ordinary time of starting such traffic shall be conveyed to or from his home at the expense of his employer or, if he uses his own transport, he shall be paid an allowance of $3.41 per day. No worker shall incur a higher taxi fare than $10.00 per day. Workers may share a taxi in which case $10.00 per day shall be allowed per worker towards the taxi fare. For the purpose of this agreement “public wheeled traffic” shall mean trams, buses, trains, or ferries ordinarily used by the worker travelling to or from work. (b) For workers commencing employment on or after the 26th day of October 1990 and employed on the date this agreement commences the following shall apply. Any worker, residing beyond one kilometre by the most direct road route from the place of his/her employment required to commence work after the cessation of public wheeled traffic or before the ordinary time of starting such traffic, and any worker who may work continuously until after the cessation of public wheeled traffic and cease work before the ordinary time of starting of such traffic shall be paid the allowance of $3.41 per day. For the purpose of this agreement “public wheeled traffic” shall mean trams, buses, trains, or ferries ordinarily used by the worker travelling to or from work. Where an employer elects to provide transport the provisions of this clause shall not have application. (c) Except for an emergency no worker employed after 1/11/96 has any entitlement under Clause 20.6(a) or 20.6(b). In an emergency such as car breakdown, or disinclination to drive due to snow and/or ice on roads, any worker may, provided they met the criteria of starting before or finishing after the cessation of public wheeled transport, be entitled to a taxi. The parties agree that no worker shall claim more than 5 taxis per year.