Appendix 1
Information on Special Paid leave from the Department’s
leave policy
Special leave with or without pay
1.
Special leave is discretionary leave that may be granted with or without pay where
other types of leave have been taken, are unavailable or not suitable. Approval for
special leave with or without pay is determined on a case-by-case basis.
2.
Some examples of when special leave with pay may be granted are:
•
to extend a period of bereavement/tangihanga leave
•
to extend a period of sick leave
•
to support an employee through a domestic violence situation
•
to attend meetings of statutory boards, councils or committees
•
to support an employee undertaking study or training courses or attendance at
conferences or conventions
•
to attend a sporting or cultural event
•
to participate in emergency/civil defence activities
•
an employee needs time off but either has no annual leave or it is appropriate to
grant them special leave (for example to attend to personal business that cannot
be arranged outside work time)
3.
Special leave with pay is not appropriate for:
•
ongoing sporting, cultural, or community activities
•
membership of cultural groups, sports committees, or voluntary organisations
•
to extend a period of parental leave (e.g. when an employee only has an
entitlement to six months parental leave)
•
to travel overseas for an extended period.
under the Official Information Act 1982
4.
Requests for special leave are considered balancing the employee’s and DIA’s needs.
Managers will take into consideration cultural requirements. Previously approved
special leave does not create a precedent for future requests. Managers may refuse an
application for special leave.
5.
Wherever possible, managers will discuss the options available before determining
which leave is the most appropriate based on the circumstances/reasons for the leave.
Released
6.
Special leave is not normally approved if an employee will be working for another
employer in New Zealand. To avoid any conflicts of interest, employees must notify
their manager if they intend to undertake work for another organisation during a
period of special leave.
7.
Further information to support making decisions for approving special leave with or
without pay can be found in the Guide: Leave.
Page 1 of 10
Appendix 1
Commencement of special leave
8. Special leave commences on the first working day after the cessation of duties.
However, employees will be paid for a public holiday if they have worked in the
fortnight ending on the public holiday.
9. Employees are expected to take all annual leave due before taking special leave
without pay.
Impact on terms and conditions and pay
10. As pay stops when special leave without pay starts, employees are responsible for
ensuring ongoing arrangements are made for automatic deductions from their pay,
e.g. PSA membership fees, Southern Cross Medical payments. Employees do not 1982
receive payment for any public or departmental holidays that occur.
11. While on special leave without pay for more than 35 days (including Saturdays and
Act
Sundays), annual leave stops accruing and service entitlements to sick leave and long
service leave cease.
Returning to work after special leave without pay
12. Unless agreed in writing before commencing special leave, DIA does not guarantee a
job when an employee returns from special leave without pay of more than three
months. If a job is ‘kept open’ the employee returns to that job. If a job has not been
Information
kept open they may be appointed to a vacant job similar to the one they were in. It is
unlikely an employee wil be automatical y appointed to a different job, however they
may be given preferential status. Preferential status is a commitment to an interview
for any suitable jobs applied for.
13. If an employee cannot be placed in employment o
Official n return they are given one month’s
notice in writing that their employment is to be terminated.
14. Any terms and conditions relating to
the special leave and return to work arrangements
will be provided in writing before the start of the special leave.
Extension of special leave
15. Any request for an extensio
under n of special leave must be applied for at least one month
before the expiry of the original period of leave. Approval to extend special leave is at
managers’ discretion.
Representing DIA
16. Where an employee represents DIA in an official capacity this is treated as official duty,
not leave. Any payments received must be paid to DIA.
Released
Page 2 of 10
Appendix 1
Information on Special Paid leave from the Department’s
leave guide
Special leave with or without pay
Personal obligations can affect employees at different times in their working lives. They may
be short-term crises or long-term commitments. If employees are supported to manage any
impact of their personal lives on their work, disruptions at work will be minimised.
Our approach is to try, wherever possible, to allow employees to meet personal
1982
responsibilities. Special leave may be an appropriate option when other forms of leave are
not appropriate or leave entitlements are exhausted.
Act
Requests for special leave are decided on a case-by-case basis. Leave that has been
approved previously for one employee or set of circumstances does not necessarily create a
precedent for another employee or, for that employee in the future.
For periods of special leave without pay greater than one month, annual leave is expected to
be taken before special leave without pay commences.
Special leave is not normally approved to undertake other employment. However, it may be
Information
considered when there is an opportunity for the employee to develop skil s that wil
mutual y benefit the employee and DIA. An employee must advise DIA if they plan to
undertake paid work while on special leave.
There may be occasions when a request for special leave is not appropriate, or the need to
Official
be consistent and fair to all employees means a manager declines an employee's request. If
managers are unsure whether they should approve special leave either with or without pay
the
they should discuss the circumstances with HR by emailing
[email address] or call Ext
5311.
If an employee does not attend work when special leave has been declined there may be
consequences such as disciplinary
under action.
Types of special leave
The reasons for approving special leave are varied. Some examples are (note this list is
indicative only):
Released
Type of Leave
With Pay Without Pay
Sick leave
Bereavement/Tangihanga leave
Domestic violence leave
Jury service
Witness leave
Meetings of boards, councils and committees
Page 3 of 10
Appendix 1
Type of Leave
With Pay Without Pay
Investitures
Transfer leave
Sporting events
Cultural events
Time off to vote
PSA meetings
Personal appointments/emergency situations
Extended holiday/travel
Extending parental leave
1982
Participation in civil defence activities
Attendance at conferences or conventions
Act
Study leave
Effect on terms and conditions of employment
Special leave without pay interrupts but does not break service. Unless agreed in writing
prior to the employee going on leave, managers should not guarantee continued
employment when someone requests long term special leave without pay of m
Information ore than
three months. Managers should consult with HR prior to making any commitment.
When an employee is on special leave without pay for more than 35 consecutive days (a
period of five weeks including weekends) entitlements to annual leave, sick leave and long
service leave stop accruing from the time special leave c
Official ommences. The period of 35
consecutive days applies to part-time employees in the same way as full-time employees.
the
Employees on special leave without pay do not receive payment for public or departmental
holidays during the leave period.
Employees should be notified in writing, prior to going on special leave, of the terms and
under
conditions relating to the leave and possible return to work arrangements.
An employee who cannot be placed in employment on return from special leave wil be
given one month’s notice in writing that the employment relationship is to be terminated.
While on special leave without pay, it is the responsibility of the employee to make
arrangements covering any automatic deductions from their pay.
Released
Employee’s responsibilities
Employees should:
• apply for special leave as far in advance as is practical to enable proper
consideration of the request providing al relevant information to their manager
Page 4 of 10
Appendix 1
• apply for a fixed period of special leave wherever possible as extending a period of
leave may not be possible and frequent absences on special leave disrupts the
work of the team
• remain in contact throughout the period of leave as appropriate
• notify their manager if the circumstances applying to the original request for
special leave changes
• return to work on the agreed date
• attend work when a request for special leave has been declined, unless another
type of leave has been approved.
Manager responsibilities
1982
Managers should:
Act
• consider each application on its merits and circumstances with any decision taking
into account the individual circumstances of the employee
• make and communicate the decision, including the reasons for the decision, as
quickly as possible
• where appropriate discuss the options available with the employee before making
any decision on the most appropriate leave Information
• propose and implement keeping in touch plans to ensure that the employee
remains connected wherever possible and appropriate
• where appropriate initiate a discussion and raise the option of special leave if you
become aware of circumstances where special leave would be appropriate.
Official
Where special leave has been agreed the manager will write to the employee advising them
of the terms and conditions relating to the special leave.
the
Considerations when determining special leave
When considering whether special leave with or without pay should be approved and the
amount of leave to provide, it is a
under ppropriate to understand the circumstances and how they
affect that person, and treat people and their situation individually.
When considering the appropriate leave to grant, managers should consider:
• the nature, length and reason for the request
• the operational needs of DIA, in particular their business group, as wel as the
Released
impact on other team members and how these will be managed, including other
people who may be on leave
• what precedents might be set in agreeing to the request
• if the employee has taken any other period of special leave and the circumstances
of that special leave - frequent absences on special leave disrupt the work of the
team
• if there other leave options available which are more appropriate
• the employee’s length of service with DIA
Page 5 of 10
Appendix 1
• the employee’s history of achievement of objectives, their wider contribution to
DIA, and other relevant factors
• any cultural requirements for that employee
• whether the special leave requested wil benefit DIA
• shether a job can realistically be held open for the period of leave requested and
the availability of a suitable replacement
• whether the possibility of change processes in the foreseeable future may require
a review of the job
• whether a change to the start date of the special leave could provide a
compromise that works for the employee and DIA.
1982
Any requests for an extension of special leave should be considered in the same manner as
the original request.
Act
Examples of special leave
Cultural Events
Special leave without pay may be appropriate when an employee needs or wishes to attend
a cultural event/hui because of their position in the community.
Information
If the employee is representing DIA special leave with pay may be approved.
Jury Service
An employee is usually granted special leave with pay for jury service.
Official
The Juries Act 1981 provides that anyone registered as an elector for a general election can
be called up for jury service at any time. Managers should allow employees to report for jury
the
service. However, if there are operational difficulties a request may be made to release the
employee from attending.
When an employee receives a jury service summons they should discuss the timing with
under
their manager, providing as much notice as possible, so that arrangements can be made for
their work to be covered while they are away.
When an employee is on jury service they are paid a nominal fee and expenses for their
service. An employee on special leave with pay is required to pay the jurors’ fees to DIA.
Expenses may be retained by the employee. If the daily fee is outside an employee’s
standard daily rate (for example, in recognition of evening work) the employee may keep the
Released
extra payment.
If an employee chooses to take annual leave or leave without pay instead of special leave on
pay, they may keep the jurors’ fees.
While on jury service employees should stay in contact with their manager letting them
know how long they anticipate they are likely to be required for. Whenever possible,
employees should return to work when excused from jury service during normal working
hours.
Page 6 of 10
Appendix 1
When an employee receives a statement of payment and cheque from the courts, they bank
the cheque, deduct the expenses and pay DIA the fees, sending a copy of the ‘statement of
payment’ with their payment to the payrol team.
PSA meetings
PSA members are entitled to attend two paid two-hour meetings during work time per year.
PSA meetings are agreed in advance with management, with the PSA giving reasonable
notice. The department cannot unreasonably withhold agreement for these meetings.
Personal appointments / emergency situations
1982
Personal appointments should, wherever possible, be arranged outside working hours or be
accommodated by flexible working. However, there may be circumstances where urgent
Act
private business occurs without notice that the employee needs to take time off work. In
these situations the manager may, in the absence of other leave being available, approve
special leave without pay. Some examples are:
• when an employee needs to settle personal matters and find it is not possible to
undertake appointments outside work hours
• in genuine household or domestic emergency circumstances such as storm/flood
damage
Information
• in genuine emergency circumstances that prohibits an employee from attending
work (e.g. transport failures, inclement weather)
• a breakdown in long term care arrangements for a relative, child or dependant or
because of other domestic circumstances
Official
• to attend divorce, separation, custody or adoption proceedings before a court of
law.
the
Extended holiday/travel
Where an employee requests special leave for an extended holiday/overseas travel special
leave without pay may be granted
under .
It is not normally appropriate to approve special leave where the main purpose of the travel
is for the employee to seek alternative employment.
An employee must notify their manager if they undertake paid work for another
organisation during a period of special leave in order to avoid any conflicts of interest.
Released
Extended parental leave
Where an employee is only entitled to six months parental leave, under the Parental Leave
Policy, a manager may agree to a period of special leave without pay. Where special leave is
approved, entitlements under the parental leave policy cease to apply at the end of the
parental leave period.
Employees should be made aware that taking special leave will make them ineligible for the
ex-gratia parental leave payment.
Page 7 of 10
Appendix 1
Sporting Events
Special leave may be approved to participate in international sporting events, either
overseas or within New Zealand, as a competitor or an accredited official.
In deciding whether special leave with pay is appropriate managers should take into
consideration:
• whether selection has been made on a national basis or as a representative of a
particular province or group
• the level of the competition and whether the competition is local or international
• wil the leave be disruptive or inconvenient to the team or DIA
1982
• will the employee receive any payment by the sporting organisation above a daily
incidentals allowance.
Act
Participation in civil defence activities
Special leave with pay may be approved for civil defence or emergency fire-fighting duties,
or to participate in search and rescue exercises and operations.
The Civil Defence Emergency Management Act 2002 provides that where an employee is
required to undertake civil defence duties during a state of emergency (e.g. flood, fire or
earthquake), which causes them to be absent from work, they cannot be dism
Information issed.
Special leave may be granted with pay in the following circumstances:
• training and exercises: leave as required when training and exercises for civil
defence and search and rescue are conducted by a recognised authorities
Official
• committed employees in an emergency: leave as requested, up to 10 days
(reviewable) in the case of a civil defence emergency
the
• volunteer employees in an emergency: where employees volunteer during a civil
defence or search and rescue emergency, up to 3 days leave may be granted.
Employees should seek approval in advance whenever possible or advise their manager at
under
the first opportunity when prior approval cannot be sought and return to work as soon as is
reasonably possible.
Employees who are members of a volunteer ambulance, fire-fighting, or another recognised
civil defence service may be granted special leave without pay to attend training courses
arranged by these organisations.
Released
Meetings of Boards, Councils and Committees
Special leave with pay may be granted to attend meetings of boards, councils and
committees to which an employee has been appointed by a Minister, but they are not a DIA
representative. The timing of leave is subject to agreement.
Participation in any other capacity (i.e. not as a ministerial or DIA representative) is at an
employee’s initiative and must be taken as annual leave or special leave without pay. Any
payment received belongs to the employee.
Page 8 of 10
Appendix 1
Investitures
Special leave with pay may be granted for employees to attend an investiture as the
recipient of an honour, or when accompanying their partner to such an occasion. DIA may
meet the travel and accommodation costs involved if they are the recipient.
Time Off To Vote
On the day of an election where an employee has not had a reasonable opportunity to vote
prior to starting work, section 162 of the Electoral Act 1993 requires an employer to allow
the employee to leave work no later than 3:00 pm so that they can vote.
If an employee is not required for essential work or services, employees do not have to
1982
return to work and there wil be no reduction in pay because of the early departure. If an
employee is required after 3:00 pm for the purpose of carrying out essential work or services
Act
they must be allowed to leave work for a reasonable time to vote but the employee must
return to work.
Transfer leave
Approval of special leave may be given for an employee who is on transfer at DIA’s expense,
both to visit their family in the former location prior to their moving and to assist with the
transfer.
Information
Witness leave
If an employee is called as a witness in a private capacity for a criminal or traffic case, special
leave with pay may be approved. The employee should recover fees and expenses from the
party cal ing them as witness and repay these fees to DI
Official A.
If an employee is called as a witness for cases other than a criminal or traffic case, annual
the
leave or special leave without pay may be approved. The employee may retain any fees or
expenses received.
When special leave is n
under
ot appropriate
There are times when a request for special leave is not appropriate. In these circumstances
employees are expected to attend work or may request annual leave or ‘make-up’ the time.
Special leave is typically not approved in the following circumstances:
• being stranded due to mechanical problems with transport e.g. train, ferry, plane,
Released
car
• getting married or the reaffirmation of marriage vows
• for planned arrangements such as moving house
• attendance at drug/alcohol rehabilitation programmes
• childcare for a friend or family members child when they are ill or out of town
• taking relatives or friends to the airport
• presenting at or attending courses that are not job related
Page 9 of 10
Appendix 1
• caring for or taking family pets to the vet or other appointments.
Returning from long term special leave
Where it has been agreed an employee’s job will be kept ‘open’ (being filled temporarily
through fixed-term placement or secondment), the employee should return to that job
when they return from special leave.
If their job has not remained ‘open’, the employee may be appointed to a vacant job similar
to the one that they were in at the time of going on special leave.
Employees returning from special leave should not be automatically appointed to other jobs.
1982
However, they can be given ‘preferential status’. Preferential status provides an employee
with a commitment to an interview for any suitable jobs they apply for.
Act
Keeping in touch while on long term special leave
When an employee is taking an extended period of special leave, they should discuss with
their manager how they would like to keep in touch with what is happening at DIA.
This could include:
Information
• regular phone calls from the manager
• invitations to social events or invitations to team meetings
• copies of information distributed to the team.
Agreement may be reached that a nominated contact, other than the manager, will be
Official
responsible for maintaining contact with the employee.
the
under
Released
Page 10 of 10
Document Outline
