SSC Leave Policy

Version Version 1.1 (2019) Contact Chief People Officer

Policy Owner Deputy Commissioner Corporate Services Approved March 2019

SharePoint Corporate Policies and Procedures Due for Revision March 2021

SSC commitment

SSC is committed to supporting employees’ wellbeing and to meet the demands of their work and

life through providing access to leave. In doing this, we act in good faith and aim to balance the

needs of SSC and the employee through a spirit of manaakitanga.

Principles

1. Employees have entitlements to leave in accordance with relevant legislation. In some

circumstances, SSC provides leave that exceeds these minimum entitlements. Employees and

managers are to ensure it is approved and recorded correctly.

2. Employment agreements set out a person’s entitlements to leave. Where there is any conflict

with SSC policy, the employment agreement will take precedence.

3. Wherever practicable, leave is to be applied for in advance to the appropriate manager, or in

the case of unplanned leave, notified and recorded in a timely manner.

4. Approval of leave will consider SSC’s need to ensure that work can be adequately covered

when employees take leave, the employee’s wellbeing, and any statutory requirements.

Roles and responsibilities

Individual employees Managers People Team (HR)

• Seek approval in advance to

take leave, wherever

practicable

• Take responsibility for your own

wellbeing so that appropriate

leave is taken, and do not

accrue large annual leave

balances (over 25 days)

• Notify unexpected absences

and apply for leave in Āwhina

(Pay and Leave kiosk) in a

timely manner

• For unexpected absences,

employees should attempt to

notify the appropriate

manager on the day leave is

taken (preferably before 9am)

• Discuss leave issues with your

manager in the first instance

• Approve leave in a timely

manner, in line with this policy

and the Delegations policy

• Manage employee leave and

wellbeing so that appropriate

leave is taken, and employees

do not accrue large annual

leave balances (over 25 days)

• Ensure employees have

sufficient leave owing or

anticipated before approving

• Seek advice from the People

Team (HR) where necessary

• Maintain records of leave

balances and make Payroll

adjustments where required

• Ensure leave reports and

balances are available for

employees and managers

• Notify managers and

employees periodically of

annual/sick leave balances

• Ensure access to Āwhina (Pay

and Leave kiosk)

• Provide advice to managers

as necessary in the

interpretation and application

of this policy and any statutory

requirements.

Scope and fit

This policy applies to all SSC employees (permanent and fixed term). Secondees are covered by

their home agency’s employment agreement and any conditions in their secondment agreement.

Further information

• Āwhina – Pay and Leave kiosk

• SSC Delegations Policy

• SSC Standards of Integrity & Conduct

• Employment New Zealand: https://www.employment.govt.nz/leave-and-holidays/

• Relevant legislation:

o Holidays Act 2003

o Employment Relations Act 2000

o State Sector Act 1988

o Parental Leave and Employment Protection (Paid Parental Leave) Act 1987

o Juries Act 1982

o Volunteers Employment Protection Act 1973

Appendix: SSC Leave Policy - Practice and Protocols1

Type of leave SSC practice and protocols Further information and guidance

Annual leave • Employees may anticipate up to half their annual leave entitlement in advance, subject to refund on resignation if necessary.

• Employees may purchase additional leave for a corresponding reduction in their salary. The arrangement will be formalised through a variation to the

employment agreement.

• A leave plan will be required if employees have more than 25 days annual leave accrued. Employees may be directed to take annual leave, as a last

resort if a suitable plan for taking leave cannot be agreed.

Holidays Act 2003, Part 2, Subpart 1

For further information and guidance, refer to

the Employment New Zealand website:

https://www.employment.govt.nz/leave-and-

holidays/annual-holidays/

Sick leave • SSC may require employees who are absent on sick leave to provide proof of sickness or injury (including a medical certificate). If SSC asks within the first

three consecutive (calendar) days, SSC is responsible for the cost.

• Employees are able to use their sick leave entitlement for sickness or injury of a spouse, partner or a person who depends on the employee for care.

• Sick leave may be used when sickness occurs during annual leave or long service leave, provided that a medical certificate is produced, showing the

nature and length of the sickness or injury.

• SSC may direct the employee to undergo a medical examination where a manager has concerns about an employee’s health, wellbeing or absence for

more than five consecutive (calendar) days. The medical practitioner will report their findings to SSC and provide the employee with a copy of the report.

• If an employee’s absence is due to injury or accident, earnings related compensation may be payable. Should you receive an accident compensation

payment in respect of a work or non-work related injury, you may use any sick leave balance you have to cover the difference between the accident

compensation payment and your ordinary pay.

• Where a person’s employment ends within the first 12 months, or fixed term employment ends before the completion of the term, sick leave taken over

and above the employee’s entitlement (for the proportion of the time worked) will be deducted from the employee’s final pay.

Holidays Act 2003, Part 2, Subpart 4

For further information and guidance, refer to

the Employment New Zealand website:

https://www.employment.govt.nz/leave-and-

holidays/sick-leave/

For information about earnings related

compensation, refer to the ACC website:

https://www.acc.co.nz/im-injured/financial-

support/weekly-compensation/

Bereavement

leave

• Bereavement leave may be granted to enable employees to discharge their obligations and/or to pay their respects to a deceased person with whom

they have had a close association.

• SSC grants time off for bereavement/tangihanga leave in a culturally sensitive manner, taking into account the requirements of the Holidays Act 2003.

• If a bereavement occurs during annual leave or long service leave, bereavement leave can be used for the relevant period.

Holidays Act 2003, Part 2, Subpart 4

For further information and guidance, refer to

the Employment New Zealand website:

https://www.employment.govt.nz/leave-and-

holidays/bereavement-leave/

Special leave • Special leave (with or without pay):

o must be granted in certain situations with statutory/mandatory requirements (e.g. military training/service, jury service, domestic violence leave); and

o may also be granted for any other reason, at SSC’s discretion, including the following examples: study/examination/graduation purposes, tikanga

purposes, extended leave for sickness or injury where sick leave may have been exhausted.

• If an employee is granted special leave with pay and receives fees (e.g. meeting attendance fees, jury fees, etc.) they must repay those fees to SSC. The

employee may retain any reimbursement for expenses. If an employee is granted special leave without pay, or uses annual leave for a special leave

purpose and receives fees, they may retain those fees and any expense reimbursement received.

• Neither annual leave nor sick leave will accrue during any period of more than one month of absence on special leave without pay.

• Sick leave cannot be used during a period of special leave without pay.

Juries Act 1981, s 32A

Volunteers Employment Protection Act 1973

For further information and guidance, refer to

the Employment New Zealand website:

https://www.employment.govt.nz/leave-and-

holidays/other-types-of-leave/

Public holidays • Where a public holiday falls during the period of an employee’s leave with pay, the person is entitled to that holiday in addition to such leave.

• Employment agreements set out a person’s entitlements if they are required to work on a public holiday.

• A person is entitled to a paid public holiday only if the public holiday falls on a day that the employee would otherwise have worked (if the day hadn’t

been a public holiday).

Holidays Act 2003, Part 2, Subpart 3

For further information and guidance, refer to

the Employment New Zealand website:

https://www.employment.govt.nz/leave-and-

holidays/public-holidays/

Departmental

days

• SSC normally closes from Christmas Eve to the first working day after the New Year public holidays.

• Employees are entitled to leave on pay for the days (other than public holidays, Saturdays, Sundays) falling between Christmas and New Year’s Day.

• A person is entitled to paid departmental days if they fall on days that the employee would otherwise have worked.

For further information and guidance, refer to

the Employment New Zealand website:

https://www.employment.govt.nz/leave-and-

holidays/annual-holidays/annual-closedowns/

Parental leave • SSC provides parental leave in accordance with the provisions of the Parental Leave and Employment Protection Act 1987.

• An additional ex gratia payment may be provided at SSC’s discretion to incentivise employees to return to work (equal to six weeks of the employee’s

salary as at the time of taking parental leave, payable at the completion of six months service following return from parental leave).

• Flexibility is provided with respect to annual leave for employees who take parental leave (i.e. employees returning from parental leave and then taking

periods of annual leave will be paid their annual leave at their current daily rate as at the time of taking parental leave).

Parental Leave and Employment Protection Act

1987

For further information and guidance, refer to

the Employment New Zealand website:

https://www.employment.govt.nz/leave-and-

holidays/parental-leave/

Long service

leave

• Employment agreements set out a person’s entitlement to long service leave.

• An employee who has qualified for long service leave but who resigns, gives notice of resignation, or is dismissed, and has not taken the leave before their

last day of duty, will forfeit it.

For further information and guidance, refer to

the Employment New Zealand website:

https://www.employment.govt.nz/leave-and-

holidays/other-types-of-leave/

1 SSC protocols are subject to the requirements of the Holidays Act 2003 and other legislation. These protocols should be read in conjunction with the further information and guidance on the Employment New Zealand website: https://www.employment.govt.nz/leave-and-holidays/