Leave and additional hours policy 2023.pdf

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Leave and Additional
Hours Policy
Part of the Children and Young People’s Commission Human Resources Policy Framework
November 2023

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Ihirangi | Table of contents
Version control
3
Te aronga | Policy purpose
4
Tauākī | Policy statement
4
Whakatinanatanga | Policy application
4
Ngā haepapa | Responsibilities
4
Procedure to submit a request for leave
5
Procedure for managers to approve leave
6
Types of leave and entitlements
6
Annual leave
6
Bereavement and tangihanga leave
8
Sick leave
8
Commission days
9
Leave while on ACC
10
Parental leave
11
Special leave
13
Leave for volunteer work
14
Jury and witness leave
15
Employment relations education leave
15
Sabbatical leave
16
Study leave
16
Additional hours and Time off in lieu (TOIL)
17
Tiaki leave
18
Family violence leave
19
Cultural leave
20
Ngā tuhinga pākanga | Related legislation, regulations and documents
20
Kuputaka | Definition of terms
21

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Version control

Policy owner
Mana Mokopuna – Children and Young
Person’s Commission Board
Policy Manager
Chief Executive/Human Resources Manager
Created
11 October 2023
Last modified

Effective date
27 November 2023
Next annual review date
November 2024
Approval authority
I confirm this policy was approved by the
Board.
This policy will take effect on 27 November
2023 and will remain in effect until updated
or replaced.

Dr Claire Achmad
Chair and Chief Commissioner

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Te aronga | Policy purpose
This policy specifies the requirements for managing the different types of leave available at
Mana Mokopuna - the Children and Young People’s Commission (the Commission).
Tauākī | Policy statement
The wellbeing of kaimahi is a priority for the Commission. Part of maintaining wellbeing is the
ability to take time off from work. Kaimahi can take time off work for a number of reasons. Not
all kaimahi have the same leave entitlement, so you should read this policy alongside your
employment agreement.
The  Commission  is  committed  to  giving  effect  to  Te  Tiriti  o  Waitangi  in  all  aspects  of  the
commission’s policies, practices, and decision-making processes. We strive to ensure we are
recognising our kaimahi in the context of their whānau, hapū, iwi and community.
Whakatinanatanga | Policy application
This policy applies to all the Commission as follows:
•  kaimahi and managers.
Ngā haepapa | Responsibilities
Kaimahi responsibilities
•  Read your employment agreement alongside this policy so you understand your leave
entitlements and ask your manager if you have any questions.
•  Talk with your manager about your plans for leave of all types.
•  Follow this policy to apply for leave.
•  Send any requests for special leave with or without pay to your manager in the first
instance, for consideration.
•  When off work due to sickness or an accident keep your manager informed of your
progress and likely return to work.
Manager responsibilities
•  Talk with your kaimahi to ensure they understand their leave entitlements and have a
plan in place to take periods of leave for rest on a regular basis.
•  Approve, decline, or withdraw a leave request using the Datacom EasiESS system.
•  Where kaimahi have exhausted their sick leave entitlement but remain unable to work
due  to  illness  or  an  accident,  consult  with  the  Human  Resources  Manager  about
options and seek approval from the Chief Executive if required.
•  Consider  requests  from  kaimahi  for  special  leave  with  or  without  pay  and,  where
supported, seek Chief Executive approval.
•  Ensure kamahi are kept up to date with any changes to this policy.
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•  Talk with the Human Resources Manager if you have any questions or need any advice.
Chief Executive responsibilities
•  Approving or declining leave types identified in this policy as requiring Chief Executive
consideration.
Procedure to submit a request for leave
You can use this procedure to apply for most types of leave. However, in some cases, you may
need to take different steps. Refer to the relevant leave section in this policy to check if there
are additional steps or discussions required before you submit your request for leave.
If you are unsure about the procedure, your manager can help you to apply for leave.
Step
Action
Step 1:
Review your employment agreement alongside the
Review your entitlement
relevant section in this policy to determine your
entitlement to the leave.
Talk to your manager if you are unsure.
Step 2:
As soon as you know you want to take leave, talk to
Talk to your manager/submit  your manager and/or submit a request for leave. This
a request
will ensure your manager has enough time to make
alternative arrangements, if required.
Your manager can also submit a leave request on your
behalf if you are, for example, away sick for an extended
period.
Step 3:
To apply for leave, log in to the Datacom EasiESS Pay
Apply for leave
and Leave system from your computer or via the
Datacom app, which can be downloaded onto your
work device (see Corporate Services for instructions).
Step 4:
Follow the kaimahi ‘request for leave’ process by ticking
Follow the ‘request for leave’  the relevant boxes and entering the relevant times.
process
Step 5:
On completion, tick the final ‘ok’ box.
Complete your request
Your request is automatically forwarded to Datacom in
a ‘pending’ state and to your manager for
consideration.
Step 6:
Your manager will consider your request and may
Manager review and
discuss it with you. Your manager will follow the
approval
Procedure for Managers to Approve Leave in this policy.
If an application is declined, your manager will confirm
the reason in the reply through Datacom but will also
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discuss with you whether any other arrangements can
be made.
Step 7:
You will receive an emailed confirmation directly from
Receive confirmation
Datacom.

Procedure for managers to approve leave
Step
Action
Step 1:
Requests for leave are automatically forwarded to you
Receive request
from the Datacom EasiESS Pay and Leave system. These
requests will be in a ‘pending’ state for you to consider.
You can also submit a request on behalf of a kaimahi if
they are, for example, away sick for an extended period.
Step 2:
Consider the request and discuss it with the kaimahi, if
Consider the request
required.
Step 3:
You can approve, decline, or withdraw a leave request
Approve/decline the request  using the Datacom EasiESS Pay and Leave System.
If you decline a request, confirm the reason in the reply
through the system and talk to the kaimahi to see if any
other arrangements can be made.
Step 4:
You must save the diary appointment generated when a
Save the diary appointment
leave request from a kaimahi is received in your
Calendar.

Types of leave and entitlements
Annual leave
Taking annual leave is important to ensure kaimahi have time for rest and relaxation outside
of mahi.
We encourage you to take a large proportion of your leave (ideally a 10-day period) at one
time, so you get a good break from mahi.
Your manager must approve when and how much leave you take. You should agree on an
annual leave plan with your manager to ensure you take adequate periods of leave throughout
the year. The time of taking leave must suit your needs and the needs of the Commission.
Notification
You must request leave as soon as possible to help facilitate work programme planning. You
must follow the Procedure to submit a request for leave in this policy.
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Entitlement
You  are  entitled  to  a  certain  amount  of  annual leave  in  any  one year,  as  outlined  in  your
employment  agreement.  If  you  have  any  questions  about  your  annual  leave  entitlement,
please talk to your manager.
You begin earning annual leave from your start date with the Commission, on a fortnightly
basis. However, as per the Holidays Act 2003, you do not officially become entitled to annual
leave you are earning, until the 1-year anniversary of your employment with the Commission.
In agreement with your manager, you may take accrued leave prior to your 1-year entitlement
date.
With your manager’s agreement, you may anticipate up to five days of annual leave from your
next  entitlement.  However,  if  you  end  your  employment  with  the  Commission  before  you
become entitled to this leave, the value of the leave taken will be deducted from your final
pay.
You  can  carry  over  up  to  five  days  annual  leave  into  your  next  entitlement  year  and your
manager must approve this.
Requirement to take annual leave
The Commission may require you to take annual leave on 14 days’ notice, in accordance with
the Holidays Act 2003.
It is standard for the Commission to have an annual close down period over the Christmas
holidays and kaimahi are expected to use some of their annual leave during this time.
Cashing up annual leave
The Commission encourages kaimahi to use their annual leave to maintain their wellbeing and
have time away from mahi to rest and recover.
However, in exceptional circumstances, where kaimahi have a high number of annual leave
days or are experiencing financial hardship, a request to ‘cash up’ part of their entitled annual
leave  can  be considered.  Annual  leave  may  be exchanged for  cash,  or  cashed-up, up to a
maximum of one week for each entitlement year.  This can only be considered for kaimahi who
have been employed by the Commission for 12 months or longer.
To request a cash up of their annual leave, kaimahi must make a request to their manager by
completing a  request  to cash up  annual leave  form.  The request  will be considered  by  the
manager in consultation with the Human Resources Manager and the manager will confirm
the decision with the kaimahi in writing.
Annual leave will be cashed up in accordance with the Holidays Act 2003 and payment will be
made in the next available pay run.
Kaimahi can  request  to  cash-up less  than a  week  at  a  time  and can  make  more than  one
request until a maximum of one week of the employee’s minimum annual holidays is paid out
in each entitlement year.
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Bereavement and tangihanga leave
If you and/or your whānau suffer a bereavement, it is important that you take the time you
need to grieve.
Notification
If you are unable to come to work because you or your whānau have suffered a bereavement,
you must notify your manager as soon as you can.
You will need to discuss bereavement leave with your manager so that an appropriate amount
of leave can be agreed.
Entitlement
The Commission will provide kaimahi with paid time off for tangihanga and bereavement to
an amount that is appropriate for you, your whānau and your cultural needs.

Bereavement leave applies not only for tangihanga or funeral but also to attend a hura
kōhatu or unveiling. Bereavement leave will be provided if you have a miscarriage or
stillbirth, or if another person has a miscarriage or stillbirth and you are:
•  the person’s partner
•  the person’s former partner and would have been a biological parent of a child born
as a result of the pregnancy
•  had agreed to be the primary carer of a child born as a result of the pregnancy (e.g.
through a formal adoption or a whangai arrangement)
•  the partner of a person who had agreed to be the primary carer of a child born as a
result of the pregnancy.
The period of bereavement leave will be agreed between you and your manager on a case-
by-case basis. When agreeing on the appropriate amount of paid leave for a bereavement,
you and your manager will consider:
•  the closeness of your association with the deceased
•  whether you have any cultural obligations or responsibilities in relation to the death,
tangihanga or funeral arrangements
•  time required for travel to attend tangihanga or funeral.
Kaimahi are entitled to bereavement leave from the time they start working at the Commission.
This leave is inclusive of, and not in addition to, the bereavement leave entitlement specified
in the Holidays Act 2003. (Please refer to the Holidays Act 2003 for further detail.)
If an agreement on the number of days needed for bereavement leave cannot be reached,
your  manager  will  determine  the  period  of  leave  following  consultation  with  you  and  the
Human Resources manager.
Sick leave
The Commission does not expect you to work if you are unwell. You can take leave if you are
sick or injured, or to attend to a person who is sick or injured and depends on you for care.
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Notification
If you are unable to come to work because you or someone who depends on your care is sick
or injured, you must notify your manager as soon as you can and indicate how long you think
you will be away from work. You must follow the Procedure to submit a request for leave in
this policy.
Medical certificate and examination
You may be required to see a doctor and obtain a medical certificate to support your absence,
particularly in the case of extended leave.
If  a  medical  certificate  is  required  for  a  period  of  sick  leave  of  less  than  three  days,  your
manager will ask for this as soon as possible and the Commission will reimburse you for the
cost of getting the medical certificate.
If the period of sick leave is three days or more, you must meet the cost of getting the medical
certificate yourself.
Entitlement
You are entitled to sick leave in accordance with the sick leave provisions in your employment
agreement, which at a minimum, align to the entitlement under the Holidays Act.
If you use sick leave frequently or for long periods, and this impacts your ability to perform
your duties, your manager will discuss this with you to identify and manage the underlying
cause.
If  your  sick  leave  entitlement  is  exhausted,  your  manager  will  consider  other  options  for
managing sick leave, in consultation with the Human Resources Manager.
Options  that  may  be  considered  include  agreement  to  anticipate  paid  sick  leave  up  to  a
maximum of 5 days from your next entitlement, agreement to use another leave type such as
annual  leave,  agreement  to  a  permanent  or  temporary  flexible  working  arrangement,  or
approval for paid or unpaid special leave. Approval from the Chief Executive is required for
paid or unpaid special leave, including for requests from managers.
COVID-19 Leave
If  you  or  someone who depends on  you  for  care has  tested positive for  COVID-19  and is
required  under  public  health  guidelines  to  isolate,  paid  COVID-19  leave  will  apply  for  the
duration of the isolation period, or the period that you are unable to work, whichever is the
lesser amount.
This leave type is in addition to sick leave entitlements and will be reviewed as and when public
health guidelines on isolation requirements for COVID-19 change.
Commission days
Kaimahi may be provided paid Commission days for the period between Christmas and New
Year for the purposes of rest and recreation.

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Entitlement
The  number  of  Commission  days  provided  each  year  is  outlined  in  kaimahi  employment
agreements. These days are to be used between Christmas and New Year.
Unless approval is given by the Chief Executive these days cannot be used at any other time
throughout the year and cannot be accumulated nor paid out on termination of employment.
Notification
Commission days for kaimahi will be applied automatically in Datacom to cover the working
days between Christmas and New Year.
Additional entitlement for those in Manager or Senior Specialist roles
Those  in  Manager  or  Senior  Specialist  roles  (positions  in  salary  ranges  ono  –  iwa)  may
sometimes be required to undertake additional hours in order to do their jobs. In recognition
of this, kaimahi in such roles will receive an additional three Commission days each year, on
top of the entitlement provided for in their employment agreement.
The additional days can be used at any time throughout the year and should be applied for
using the Procedure to submit a request for leave in this policy.
The additional entitlement for Managers and Senior Specialists renews on 1 July each year and
cannot be accumulated nor paid out on termination of employment.
Leave while on ACC
Work incident
If you are sick or injured as a result of a work incident and are being paid 80 percent of your
salary by ACC, you can request that up to 20 percent of your salary is met from your available
sick or annual leave.
This  will  be  deducted  from  your  available  sick  or  annual  leave  balance.    If  your  sick  leave
entitlement is exhausted, we will consider other options to cover the 20% of your salary not
covered by ACC. Options include agreement to anticipate paid sick or annual leave up to a
maximum of 5 days from your next entitlement, or approval for paid special leave. We may
also agree that it is not appropriate that we continue to cover the payment. The Chief Executive
may need to approve the agreed option.
Non-work incident
If you are sick or injured as a result of a non-work incident that is managed by ACC, you will
need to claim your first week off from the injury as sick leave.
After this, ACC will normally pay 80 percent of your salary and you can request that up to 20
percent of your salary is met from your available sick or annual leave. This will be deducted
from your sick leave balance.  If your sick leave entitlement is exhausted, we will consider other
options to cover the 20 percent of your salary not covered by ACC. Options include agreement
to anticipate paid sick or annual leave up to a maximum of 5 days from your next entitlement,
or approval for paid special leave. We may also agree that it is not appropriate that we continue
to cover the payment. The Chief Executive may need to approve the agreed option.
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Returning to work
In the case of longer periods of sick leave absence, at the earliest possible opportunity your
manager will request advice from you and a medical practitioner as to your condition and
expected return date.
Your manager will work with you to ensure your return to work is managed appropriately.
Parental leave
We recognise the importance of new mokopuna joining your whānau and support you taking
parental leave so you can spend this important time with your whānau.
Notification
Because of the potential length of absence, it is important to let us know you want to take
parental leave as early as possible.
You  do  not  need  to  make  a  formal  application  in  the  first  instance.  However,  if  you  are
considering taking parental leave or want to find out more about it you should talk to your
manager.
Applying for parental leave
You must make a formal request in writing to your manager for parental leave at least three
months before the date on which you wish to commence the leave.
As part of this you need to indicate the date you wish to commence the leave and the date
you expect to return to work. Your manager can finalise these dates with you closer to the
date you take parental leave, if necessary, as long as we have enough time to put in place
cover for your absence.
Entitlement
Parental leave can be taken by eligible kaimahi where they are going to be the primary carer
of a mokopuna under 6 years of age, whether the mokopuna is joining your whānau through
birth, whāngai, adoption or you are otherwise taking permanent primary responsibility for the
care, development, and upbringing of the mokopuna.
You are entitled to parental leave in accordance with the provisions of the Parental Leave and
Employment Protection Act 1987. The amount of parental leave available depends on your
length of service with us. There are two criteria tests to determine the amount of parental leave
someone may be eligible for:
1.  Six-month employment criteria: If you have been employed by the Commission for at
least an average of ten hours a week in the six months immediately preceding the expected
due date, or the date you take permanent responsibility for the care of a child under six
years, you are entitled to 26 weeks’ parental leave.
2.  Twelve-month employment criteria: If you have been employed by us for at least an
average of 10 hours a week in the 12 months immediately preceding the expected due
date, or the date you take permanent responsibility for the care of a child under six years,
you are entitled to 52 weeks’ parental leave.
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Qualifying for parental leave
Parental  leave  is  available  for  all  eligible  kaimahi,  except  those  on  casual  employment
agreements. For kaimahi on fixed term agreements, parental leave would apply until the end
date of your term of employment.
Support during kōpūtanga / pregnancy
We are committed to supporting kaimahi during their pregnancy and will try to accommodate
any additional requirements you may have during this time. This may include flexible working
arrangements  as  a  transition  measure,  such  as  working  from  home  where  possible  and
reduced working hours.
If you are pregnant, you can take up to 10 days of unpaid leave for reasons connected with
your kōpūtanga.
Parental leave types
Parental leave is an overarching unpaid leave type that consists of:
1.  Primary  carer  leave:  Unpaid  leave  of  up  to  26  weeks,  which  must  be  taken  over  one
continuous period commencing no earlier than 6 weeks before the expected due date (it
may start earlier in particular circumstances) and no later than the date of birth. In other
cases, the primary carer leave starts when the kaimahi becomes the primary carer of the
mokopuna.
2.  Partner’s leave: Unpaid leave of either 1 or 2 weeks (dependent on the 6- or 12-month
criteria test included below) to be taken in a continuous block. This leave can be taken up
to 21 days before the expected due date or from the date of birth. Partner’s leave must
end 21 days after the birth, or the date discharged from hospital if longer than 21 days
after birth.
3.  Extended leave: Unpaid leave up to a maximum of either 26 weeks or 52 weeks (less any
primary carer leave taken). For example, if you are entitled to 52 weeks parental leave and
take 26 weeks primary carer leave, there are 26 weeks leave left to take as extended leave.
Extended leave can be shared (either separately or at the same time) between both the
person who is pregnant or has given birth and their spouse/partner (assuming both are
eligible for parental leave) and can be taken in more than one block.
Extended leave can start any time after the baby’s birth (in the case of a baby born to you
or  your  partner)  and  must  end  either  on  the  date  they  turn  six  months  or  12  months
(depending on whether you are eligible for 26- or 52-weeks parental leave).
In  any  other  case,  (e.g.,  someone  taking  permanent  primary  responsibility  for  the
upbringing of a child under 6 years old), extended leave can start from the first date
which  you  or  your  spouse/partner  become  primary  carer  of  a  child  you  are  taking
permanent responsibility for; and must end on either the six-month anniversary or the
12-month anniversary of the date you or your spouse/partner became primary carer
of that child.
Although these leave types are unpaid, in some circumstances you may be eligible for parental
leave payments that are administered by IRD. Contact the IRD to confirm your eligibility and
register for these payments.
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Returning to work
We are committed to supporting kaimahi returning to work from parental leave and will try to
accommodate requests that may make this transition easier for you and your whānau. This
may include a flexible working arrangement where you return on reduced hours or remote
working for part of the week.
Your substantive position will be held open for you to return to at the end of your parental
leave period. You are entitled to return to your role earlier than originally planned. To enable
us  to  prepare  for  your  return-to-work,  you  must  give  us  at  least  30  days’  notice  of  your
intention to return.
When  you  contact  your  manager  to  confirm  your  intention  to  return  from  parental  leave,
please also let them know whether there is anything else that you would like us to consider,
to support your transition back to work.
Ex-gratia payment
Some employment agreements provide for ex-gratia payments in the case of parental leave.
Refer to your employment agreement for more details.
Earning annual leave during parental leave
We are committed to reducing any gender related pay gaps for kaimahi and ensuring they are
supported to take parental leave without disadvantage. Because of this, any annual leave that
is accrued during parental leave will be paid at the base rate of normal salary of the kaimahi
at the time the annual leave is taken, rather than at the much lower rate as provided under
legislation.
Special leave
Special leave with or without pay may be appropriate where:
•  you have a genuine need for leave, and
•  you have exhausted your applicable leave entitlement, and
•  granting Special Leave with or without pay presents no operational disadvantages to
the Commission.
We  will  not  approve  special  leave  with  or  without  pay  for  the  purposes  of  facilitating
employment outside of the Commission unless there is a clear advantage to the Commission
in doing so.
All  special  leave  agreements  are  on  a  case-by-case  basis  and  provide  for  a  level  of
management  discretion  where  this  is  appropriate.  Any  special  leave  arrangements  must
consider your needs, our needs, and the relevant contractual and legislative provisions.
To  request  special  leave,  kaimahi  must  make  a  request  to  their  manager  by  completing  a
Request for special leave form.
If your manager supports the request, they must send the request to the Chief Executive for
consideration and approval. Your manager or the Human Resources Manager will ensure that
any agreement reached is documented and placed on your personnel record.
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Where  the  special  leave  requested  is  for  an  extended  period,  we  will  hold  regular
meetings/discussions with you to review the situation.
Special leave without pay
Where special leave without pay is approved by the Chief Executive, the agreement reached
must be documented and include signed advice to you that the:
•  leave to be taken will not be on pay (including KiwiSaver contributions)
•  period of special leave taken will not be counted towards your service, so will impact
on any applicable service-related entitlements such as pay increments, long service
leave and any redundancy provisions.
If  your  leave  without pay  is  for  more  than  one  month  and  up  to  three months,  you  must
provide notice in writing to your manager of your intention to return from leave. This notice
should be provided at least 30 days prior to your intended return.
If you take leave without pay of more than three months, we may not hold a position open for
you and placement on your return is conditional on the availability of a position appropriate
to your skills and experience. You must give notice in writing to your manager of your intention
to return from leave at least one month before your intended return date. If placement cannot
be made within that one-month period, your employment with us will cease, effective from
the date you started the leave without pay.
Leave without pay interrupts but does not break service. The period of leave without pay will
not count towards your service but your service prior to and after the leave period will be
considered when calculating any service-related entitlements.
Special leave for rumaki reo
The  Commission  will  support  permanent  kaimahi,  who  have  been  employed  with  the
Commission for a minimum of two years, to take a period of leave without pay of up to 12
months for the purposes of undertaking a full immersion programme to learn, or further their
learning, of te reo Māori. The Commission will hold the nominal position open for the kaimahi
to return to at the end of the 12-month period.
Guidance may be sought from the Mata Māori team on the appropriateness of a particular
programme prior to this leave being approved. If kaimahi are considering a request for rumaki
reo leave they should speak with their manager as soon as possible and need to put their
request to their manager in writing at least three months before the intended start date of
their leave.
At least 30 days before the expected return date from this leave, kaimahi need to provide their
manager notice in writing to confirm their intention to return to work at the Commission.
Leave for volunteer work
If you are involved in volunteer work such as Civil Defence, voluntary fire-fighting and Search
and Rescue, or kaupapa Māori related volunteer work, you may be granted unpaid leave to
participate in those activities.

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Notification
You should discuss your request to take unpaid leave for volunteer work with your manager
who  will  consider  your  request  on  a  case-by-case  basis.  Your  manager  will  consider
Commission’s operational requirements and ability to cover your workload in your absence.
If your request is approved, you should follow the Procedure to submit a request for leave in
this policy.
Leave for volunteering for Military Service
If you undertake military service or training with the New Zealand Armed Forces (eg the NZ
Territorial Army) you can request leave without pay to do this. The Volunteers Employment
Protection Act 1973 sets out how the absence is treated in relation to your employment. This
includes making sure you give your manager 14 days’ notice and confirms the Commission’s
obligation to keep your job open while you are absent.
You  should  talk  through  any  plans  you  have  to  do  military  service  or  training  with  your
manager so they can get any relevant information and assistance to support your request.
Under the legislation there are different scenarios which impact the amount of leave that may
be granted, such as undertaking:
•  full-time or part-time voluntary training or service
•  active operational service, if you are called up or volunteer in a ‘Situation of National
Interest’, war or emergency.
Additional  military  leave  without pay will be allowed  if  you  are  selected by  the  military  to
undertake peace-keeping duties. The period of leave will be up to a maximum of 12 months,
inclusive of any training required.
Jury and witness leave
If you’re called for jury service or subpoenaed to attend court as a witness, you’ll get paid time
off work to attend.
Payments from Court
If you have approval to take annual leave or unpaid leave to attend Court instead of using jury
service or witness leave, you may keep the Court payments.
Otherwise, if you get any payments from Court, they must be repaid to the Commission. This
doesn’t include payment for expenses like travel or meal expenses – you can keep these. The
Financial  Management  Accountant  can  advise  the  process  to  arrange  payment  to  the
Commission.
Employment relations education leave
Employment Related Education (ERE) leave is provided to enable union members to participate
in  specifically  approved  courses.  The  courses  are  approved  by  the  Ministry  of  Business,
Innovation and Employment (MBIE) and displayed on their website.
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Kaimahi who are union members may be able to take paid leave for employment relations
education, in accordance with the Employment Relations Act 2000.
Notification
The PSA will:
•  advise the Human Resources manager how many ERE leave days have been allocated
to the Commission
•  request the use of this leave for kaimahi who are union members, for specific courses.
Kaimahi who are members of the union and have been asked by the PSA to use ERE leave
must discuss this with their manager and follow the Procedure to submit a request for leave
in this policy.
Sabbatical leave
Notification
The Chief Executive may grant and approve sabbatical leave up to a maximum of three months.
You must follow the Procedure to submit a request for leave in this policy.
Entitlement
Sabbatical leave will only be granted to senior kaimahi who have served a significant period
(usually  a  manager  who  has  served  at  least  five  years  in  the  role).  However,  in  some
circumstances,  a  third-tier  manager/principal  advisor  may  be  granted  sabbatical  or  study
leave.
We may grant the sabbatical leave on full pay, on terms agreed by the Chief Executive.
It is intended that sabbatical or study leave is used to develop the interest or expertise of the
kaimahi in a particular area or areas relevant to our work.
Study leave
The Commission may support permanent kaimahi to undertake part-time tertiary study that
is relevant to their role and beneficial to the Commission by providing paid or unpaid time off
work to study or sit exams.
Notification
You  must discuss  any  requests for  study  leave with your  manager, in  accordance with the
Performance, Development and Learning Policy.
Entitlement
Requests  for  assistance will be considered on  a case-by-case  basis in  accordance with the
Performance, development and learning policy.
The Commission will consider requests favourably that:
•  recognise kaimahi who have performed well over a sustained period by encouraging
them to further develop
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•  develop and update skills required in the kaimahi current job and provide opportunities
for development
•  extend the depth and skill of managers and senior staff to develop the Commission’s
management skill base
•  assist kaimahi who have spent several years in a specialist area to broaden their skills
and develop wider career opportunities
•  may help attract and retain high quality kaimahi to the Commission by signalling the
opportunity for further study.
Additional hours and Time off in lieu (TOIL)
Working additional hours is a last resort and managers will look at other ways to have mahi
completed before additional hours are agreed to. However, we acknowledge that there may
be times where kaimahi need to work additional hours outside of their normal working hours.
A standard working day is a maximum of eight hours each day or in accordance with individual
agreements if flexible working arrangements are in place.
We expect that working longer than eight hours in a day occurs only when absolutely required
and is not a regular occurrence.
If additional hours are required, you must work no more than 10 hours in each working day.
For full-time kaimahi, this means that only two additional hours must be worked in one day,
on top of a normal eight-hour working day.
If you are travelling outside of your home location for a work-related event, travel time to your
destination is considered part of your working hours. However, this does not include travel
time between your home base and the airport. A working day starts when you have arrived at
the airport and ends when you arrive back at the airport at the end of the trip.
We are committed to ensuring that:
•  additional hours worked by kaimahi are not excessive
•  planning  and  resource  sharing  occurs,  so  that  individual  kaimahi  are  not  being
exhausted.
Entitlement
If you work agreed additional hours, you are entitled to an hour of TOIL for each additional
hour worked (except where work is undertaken on a public holiday, where hours are recorded
in line with the requirements of the Holidays Act 2003).
It is expected that TOIL is taken within 3 months of it being earned. You must take TOIL as
soon as possible, before using any annual leave. TOIL cannot be paid out on termination of
employment.
If the circumstances for tiaki leave as specified in this policy are met and you take tiaki leave,
then you cannot also claim TOIL.
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Managers and senior specialists (kaimahi in roles covered by salary ranges ono – iwa) are not
entitled to TOIL, except in exceptional circumstances at the discretion of the Chief Executive.
Notification
You must seek approval from your manager, who will discuss with the Chief Executive before
you work additional hours or TOIL is agreed to.
The exception to this is where travel for monitoring visits or engagements mean that kaimahi
have to work additional hours. In these cases, the manager of the team travelling has discretion
to agree to TOIL or tiaki leave, provided it is taken as soon as possible.
To use TOIL, you must follow the Procedure to submit a request for leave in this policy.
Tiaki leave
The intention of tiaki leave is to minimise the impact that travelling for monitoring visits or
engagements has on kaimahi and their whānau.
Notification
You must follow the Procedure to submit a request for leave in this policy. The request must
include a comment to indicate which visit or engagement the leave relates to.
Entitlement
Kaimahi  (including  managers  and  senior  specialists)  who  undertake  a  monitoring  visit  or
engagement that involves staying away from home for two nights or more are entitled to
one and a half days (12 hours) of tiaki leave.
For  visits  or  engagements that  involve staying away  from home  for  four nights or  more,
kaimahi (including managers and senior specialists) are entitled to a further one day (8 hours)
of tiaki leave – two and a half days or 20 hours of tiaki leave in total.
Where visits or engagements occur on a weekend, kaimahi are entitled to payment for the
hours worked and one day (8 hours) of tiaki leave for each weekend day worked.
Where tiaki leave applies as above, there will be no further entitlement to TOIL or payment for
additional hours.
Visits or engagements that do not involve staying away from home overnight for a minimum
of two nights do not incur tiaki leave but may incur TOIL if additional hours are worked.
Tiaki leave does not apply where kaimahi are staying away from their home location for the
purposes of professional development (attending a wānanga, conference, workshop etc).
The Chief Executive has sole discretion to agree to arrangements above what is provided for
through this policy, where they deem appropriate.
Taking tiaki leave
You must take four hours of tiaki leave directly before the visit or engagement to allow you to
prepare yourself and your whānau for your time away. You must take the remaining tiaki leave
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on the working day/s directly after the end of the visit or engagement, so you can rest and
reconnect following your time away.
If you cannot take the tiaki leave as described above, you must take the tiaki leave within two
weeks of it being earned, at a time that is agreed with your manager.
If tiaki leave is not taken within two weeks of it being earned the entitlement lapses and the
leave is no longer available, unless agreed with your manager prior to the entitlement lapsing.
Tiaki leave cannot be paid out on termination of employment.
Family violence leave
Entitlement
A kaimahi seeking leave due to family violence is entitled to 10 days paid leave to be used for
rest/recovery, medical appointments, legal proceedings, family violence counselling and other
related activities.
Further paid leave may be made available at the discretion of the manager on a case-by-case
basis.  This leave is in addition to existing leave entitlements and may be taken as consecutive
or single days or part days.
This leave is accessible for permanent or fixed term kaimahi as soon as they begin in the role,
with no minimum period in a job before they may access such leave.
Family  violence  leave  is  available  to  permanent  or  fixed  term  kaimahi  affected  by  family
violence, regardless of how long ago the family violence occurred, even if the family violence
occurred before the person became a kaimahi of the Commission.
A permanent or fixed term kaimahi supporting any person affected by family violence may
take up to 10 days paid leave to accompany them to court, to a refuge, to hospital/medical
appointments, or to mind children (or related activities, at the discretion of the manager).
Notification
Prior approval from the manager of the kaimahi or from Human Resources should be sought
before  taking  leave  (where  possible).  Human  Resources  can  help  with  arrangements  for
approval of leave from the manager. Kaimahi may also choose to bring along a support person
of their choosing to meetings with their manager about family violence leave.
All requests for family violence leave will be considered urgently and responded to within 48
hours or sooner, depending on the urgency of the request. If a situation is urgent or dangerous
and  it  is  not  possible  to  give  notice  for  a  leave  request,  kaimahi  may  apply  for  leave
retrospectively (to be agreed with the manager).
Flexible working conditions
A  kaimahi  who  is  affected  by  family  violence  is  entitled  to  request  flexibility  in  their  work
conditions to ensure their safety and to deal with the effects of family violence. We will make
every effort to accommodate varied working conditions that will help the kaimahi affected by
family violence, for the length of time that the variations are needed.
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A kaimahi who is affected by family violence, or who has care of a child who has been affected
by  family  violence,  is  also  entitled  to  request  a  temporary  or  permanent  change  to  their
working hours or their work location to another office, location, site or city (if possible).
All  requests  relating  to  flexible  working  conditions  will  be  handled  with  urgency  by  the
manager. The manager will decide the outcome(s) of the request(s).
Cultural leave
The purpose of cultural leave is to enable kaimahi to take part in events or activities which are
culturally significant to them. Cultural leave is available for all kaimahi in recognition of the
Commission’s obligations under article 2 and article 4 of Te Tiriti o Waitangi.
Entitlement
Kaimahi with 12 months or more service with the Commission will be entitled to two paid days
of  cultural  leave  each  year.  This  leave  type  renews  annually  on  1  July  and  cannot  be
accumulated nor paid out on termination of employment.
Note:  The Commission will only pay out any unused annual leave as part of the final pay when
a  kaimahi  ends  employment  with  the  Commission.  All  other  leave  such  as  tiaki  leave,
commission days and TOIL will not be paid out as part of final pay when employment ends
with the Commission.
Ngā tuhinga pākanga | Related legislation,
regulations and documents
Related legislation and regulations
This policy guided by the following legislation and regulations:
•  Employment Relations Act 2000
•  Holidays Act 2003
•  Parental Leave and Employment Protection Act 1987
•  Volunteers Employment Protection Act 1973
Related documents
Related documents include:
•  Request for Special Leave Form
•  Request to Cash Up Annual Leave Form

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Kuputaka | Definition of terms
Terms
Term
Definition
Kaimahi
Employee
Tiaki
Care
Abbreviations
Abbreviation
Definition
TOIL
Time Off in Lieu
ACC
Accident Compensation Corporation
IRD
Inland Revenue Department
PSA
Public Service Association
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