Clause 2.7.1(c) of the current Collective Employment Agreement between the NZFS and the NZPFU describes how public holidays falling within periods of leave will be dealt with for rostered shift staff.
This clause states that "If a public holiday falls or public holidays fall within the extended leave period (i.e. the 14 days) the leave will be extended by the number of public holidays in the same manner as applies to sickness, namely an additional leave day is added to the first duty day shift immediately following the extended leave period."
In most circumstances, the application of this clause is straightforward, However, where statutory holidays fall during and immediately following the end of a leave cycle, this clause must all be read in conjunction with the Holidays Act, which is clear that leave cannot be taken on a statutory holiday. This is relevant to the upcoming Christmas and New Year period, for those employees in Leave Group 1.
One statutory holiday falls during Red Watch Leave Group 1's period of leave so they return to work on 29 December as they receive one additional day's leave for 25 December.
Two statutory holidays fall during Brown Watch Leave Group 1's period of leave so they return to work on 1 January as they receive two additional days leave for 25 and 26 December.
No statutory holidays fall during Green Watch Leave Group 1's period of leave so they return to work on 26 December.
Two statutory holidays fall during Blue Watch Leave Group 1's period of leave. They are entitled to two additional days leave for the statutory holidays on 25 and 26 December. They return to work on 1 January 2013 because the Holidays Act prevents them from taking these two additional days leave on 1 and 2 January 2013 as these are statutory holidays. In accordance with Clause 2.7.1(c) and the Holidays Act these two additional days leave are to be taken on 3 and 4 January 2013. However, it is recognized that these employees may prefer to pro-rata the annual leave days for 25 and 26 December 2012 rather than take these days on 3 and 4 January.
Blue Watch Leave Group 1 workers must notify the rosters office by Friday 14 December 2012 if they wish to pro-rata the annual leave days for 25 and 26 December, otherwise they will be required to return to work on 1 January and will be rostered off on 3 and 4 January 2013 in lieu of the public holidays that occur during their leave cycle.
Three statutory holidays fall during Green Watch Leave Group 2's period of leave so they return to work on 14 January as they receive three additional day's leave for 26 December, 1 January and 2 January.
Two statutory holidays fall during Red Watch Leave Group 2's period of leave so they return to work on 15 January.
Two statutory holidays fall during Brown watch Leave Group 2's period of leave so they return to work on 17 January as they receive two additional day's leave for 1 and 2 January.
Two statutory holidays fall during Blue Watch Leave Group 2's period of leave so they return to work on 19 January.
