Purpose 3. Scope 3. Responsibilities 4. Annual Leave 4. Commissioner Leave 5. Sick Leave 5. Bereavement/tangihanga Leave 6

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1 Leave

2 Leave Purpose 3 Scope 3 Responsibilities 4 Annual Leave 4 Commissioner Leave 5 Sick Leave 5 Bereavement/tangihanga Leave 6 Jury Service and Witness Leave 7 Special Leave (including Leave Without Pay) 7 Applications for Leave 7 Leave Policy 2 OPC/2211/A413979

3 1.0 Purpose 1.1 The purpose of this leave policy is to set out the conditions for particular types of leave. It provides a framework for the granting and administration of leave. 1.2 The aim of this leave policy is to ensure a safe and healthy work environment and to support an appropriate work-life balance for all staff. It seeks to ensure that the management of staff absences is in line with contractual entitlements and operational requirements, and is fair and consistent for all staff. 2.0 Scope 2.1 This leave policy applies to all staff of the Office of the Privacy Commissioner (OPC), whether permanent or fixed term, full time or part time. 2.2 It covers: Annual leave Commissioner leave Sick leave Bereavement/tangihanga leave Jury service and witness leave Special leave (including leave without pay) 2.3 Except where the entitlements provided by the OPC are expressly intended to exceed the minimum legal requirements, all leave is provided in accordance with the Holidays Act 2003 and all other applicable legislation. 3.0 Responsibilities 3.1 Managers are responsible for: Approving staff leave, with the exception of special leave which can only be approved by the Privacy Commissioner (Commissioner) or his delegate; Recommending to the Commissioner, in consultation with Human Resources, if special leave should be approved by the Commissioner and if so, on what terms; Managing leave entitlements and balances in accordance with this policy; Ensuring that leave approvals are notified to the Accounts Officer so they can be recorded accurately; Getting the prior approval of the Commissioner or his delegate to any departure from normal practice or procedure in managing leave. 3.2 Staff are responsible for: Familiarising themselves with the provisions of this policy; Giving their manager as much notice as possible in applying for planned leave; Alerting their manager as soon as possible if they have to take unanticipated leave e.g. sick leave; Complying with all other OPC procedures for the applying, taking and management of leave. Leave Policy 3 OPC/2211/A413979

4 4.0 Annual Leave 4.1 Entitlement Staff are entitled to the number of days of annual leave for each completed year of service as prescribed in their individual employment agreement. 4.2 Scheduling and Taking Annual Leave The taking of annual leave is to be agreed between OPC and the staff member and will take into account the staff member s preferences and the operational requirements of the office The OPC recognises that it is important for staff to take their annual leave. It enables staff to look after their health, safety and wellbeing and to return to work rested and able to achieve their best Entitlement to annual leave is calculated on an accrual basis and should be taken during the year in which the entitlement arises. 4.3 Carrying over Unused Annual leave In addition to it being in the interest of their wellbeing for staff to take their annual leave, there is a financial risk to the OPC if annual leave builds to significant levels. This is because it is a contingent liability in the OPC s financial accounts. Accordingly, limits apply to how much unused annual leave staff may carry over Full time staff may carry over up to 10 days annual leave and part time staff, an equivalent pro rata amount Unused leave in excess of the limits specified in may only be carried over with the express approval of the Commissioner; must not exceed the annual entitlement; and will only be granted in special circumstances. Applications must be made in writing on the OPC s Application to Carry Over Leave form. Leave carried over under this approval must be used within the next 12-month period. The staff member must be able to support their application with a written plan for the carried over leave to be used within that next 12-month period If the Commissioner does not approve annual leave being carried over, the manager will endeavour to agree with the staff member a time when the leave will be taken. If no agreement is able to be reached, the Commissioner may, in the manner prescribed in section 19 of the Holidays Act, require the staff member to take the annual leave. 4.4 Anticipating Annual Leave Annual leave is allowed to be accrued progressively through the year. Each month a proportion of annual leave is earned which contributes towards the full year entitlement Staff may apply to anticipate annual leave up to a maximum of 50% of the annual leave to which they would be entitled at the end of that 12-month period. Leave Policy 4 OPC/2211/A413979

5 4.5 Cashing up Annual Leave As per the Holidays Act Amendment 2010, staff can request to exchange up to one week of annual holidays for cash in any one entitlement year OPC would prefer staff to use their annual leave entitlement in the interest of their own wellbeing, for their rest and relaxation and to be able to return to work refreshed. It recognises, however, that in some circumstances the option to cash up a week s annual leave might be more helpful to staff Applications must be made in writing and will be considered on a case-bycase basis. 4.6 Salary Sacrifice for Additional Annual Leave The OPC recognises that in some circumstances, it might be helpful to staff to be able to sacrifice a portion of their salary to effectively buy an additional week s annual leave Applications must be made in writing and will be considered on a case-bycase basis Approval will be at the OPC s discretion and will be subject to its operational requirements. 5.0 Commissioner Leave 5.1 The OPC s offices are usually closed for the 3 working days between Christmas and New Year. 5.2 Special Commissioner leave is granted for the 3 days specified in 5.1. Staff are entitled to this paid leave for any of their normal working days falling in that period. This paid Commissioner leave is over and above annual leave entitlements. 6.0 Sick Leave 6.1 Entitlement Unless otherwise stated in a staff member s individual employment agreement, all staff are entitled to 10 days paid sick leave for each complete year of service. 6.2 Taking Sick Leave The OPC recognises that it is in the best interests of all staff that staff who are ill have the opportunity to recover and recuperate away from the office. Where an illness may be infectious or contagious, taking the necessary time away from the office also helps ensure that other staff are not made vulnerable to likewise falling ill. OPC is committed to providing a safe and healthy workplace for all staff. Leave Policy 5 OPC/2211/A413979

6 6.2.2 Sick leave is leave which may be taken when a staff member is absent from work because of illness or injury, their spouse or partner is ill or injured, or a person who depends on the staff member for care is ill or injured Staff who are unable to be at work due to illness or injury must notify their manager, or arrange for their manager to be notified, as soon as possible on the day, unless special circumstances apply Staff must submit to their manager an application for sick leave if they are anticipating that they will require it (for example, for a planned medical procedure for themselves or a dependant in their care) or as soon as they are back in the office after any unplanned absence. All sick leave must be approved by the manager Staff who are absent from work on sick leave for 3 or more consecutive days may be required to provide a medical certificate for the absence. The OPC may also request a medical certificate within the 3-day period if it advises the staff member as soon as possible that it requires one and it is at the OPC s expense Staff who present themselves for work even though they are ill or injured may be requested to take sick leave. The OPC may ask for the staff member to provide, at the OPC s expense, a medical certificate confirming that the staff member is sufficiently well to return to work without jeopardising their own health and safety, or that of other staff Where you are suspected of being absent from duty without sufficient cause or where you are not performing to expectations for health reasons, you may be asked to provide proof from a registered medical practitioner that there are no health reasons that would prevent you from working or that you are not fit to work because of health reasons, as the case may be. The Privacy Commissioner may refund the expenses incurred by you in complying with this provision. 6.3 Unused Sick leave Unused sick leave may be carried over to the next and subsequent years. There is no limit to the amount of sick leave that may be accumulated Sick leave cannot be cashed out, nor will any unused sick leave be paid out on the termination of employment. 7.0 Bereavement/Tangihanga Leave 7.1 Entitlement In accordance with the Holidays Act, staff are entitled to 3 days paid bereavement/tangihanga leave on completion of 6 months continuous service, in relation to the death of a spouse or partner, parent, child, brother or sister, grandparent, grandchild or spouse s or partner s parent Under the Act, staff are also entitled to 1 day s paid bereavement/tangihanga leave on completion of 6 months continuous service if the Commissioner accepts that they have suffered bereavement as a result of the death of another person. Leave Policy 6 OPC/2211/A413979

7 7.2 Taking Bereavement/Tangihanga Leave Staff must notify their manager as soon as practicable of their request for bereavement/tangihanga leave. 8.0 Jury Service and Witness Leave 8.1 Employees may apply for leave to fulfil their civic obligations when they are summonsed for jury service or to be a witness. The OPC recognises the importance of staff being available for this service and supports this civic responsibility. 8.2 Leave for jury service would usually be granted on full pay but staff may, if they wish, apply instead to take annual leave or leave without pay. Where annual leave or leave without pay is granted or where the service is performed on a weekend, staff may retain the juror s fees. Where leave is granted on full pay, the juror s fees should be reimbursed to the OPC. 8.3 A staff member called as a witness in, or because of, the staff member s official capacity is regarded as being on official business and no leave is required. 8.4 A staff member called as a witness in a private capacity may be granted leave on pay for a period not exceeding 3 days. A longer period may be approved in special circumstances. Otherwise, the staff member may be granted leave without pay or annual leave for any additional period. 9.0 Special Leave (including Leave Without Pay) 9.1 Staff may apply for special leave when their circumstances do not meet the eligibility criteria for any other type of leave entitlement. This may be because: The circumstances are not covered by an applicable leave policy; or The staff member has exhausted their entitlement to a particular kind of leave (e.g. sick leave). 9.2 Special leave is granted on a case-by-case basis at the Commissioner s discretion and may be granted as paid or unpaid leave and on such other conditions (including the non-accrual of annual and sick leave) as the Commissioner might determine. 9.3 Staff should discuss their special leave request with their manager as early as possible. Applications must be made in writing to their manager. They are submitted to the Commissioner for consideration along with the manager s recommendation, in consultation with Human Resources. 9.4 Any application for special leave will usually only be considered when annual leave and, where applicable, sick leave entitlements have already been exhausted Applications for Leave 10.1 With the exception of applications to carry over excessive annual leave for which there is a separate Application to Carry Over Leave form, all other applications for leave covered in this policy requires the completion of the Application for Leave form. Leave Policy 7 OPC/2211/A413979

8 10.2 For planned leave, the form must be completed for submission to the manager, and the manager must have approved the leave and returned the signed form to the Accounts Officer, prior to the leave being taken. Special leave must be accompanied by supporting information as to why it is required For unplanned leave, for example unanticipated sick leave, staff are required to complete the Application for Leave form, for approval by their manager and return to the Accounts Officer, within 2 working days of the staff member s return to work. RESPONSIBILITIES Persons/ Areas Affected: Contact: Approval Authority: All OPC Staff Support Services Manager/ General Manager Privacy Commissioner Date Issued: 16 March 2016 Leave Policy 8 OPC/2211/A413979