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 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 7.

Two statutory holidays fall during Green Watch Leave Group 7's period of leave, being 25 and 26 December. Applying the Holidays Act and Clause 2.7.1 (c) of the Collective Employment Agreement they receive their additional days' leave on 3rd and 4th of January, and therefore return to work on the day shift on 1st of January. This is because additional leave days cannot be taken on a statutory holiday.

Three statutory holidays fall during Red Watch Leave Group 7's period of leave, being 25 and 26 December and the 1st of January. Applying the Holidays Act and Clause 2.7.1 (c) of the Collective Employment Agreement, Red Watch Leave Group 7 would receive their additional leave days on their first day shift of 3rd,4th and 5th January, return to work for their last night shift on 6th January.

Four statutory holidays fall during Brown Watch Leave Group 7's period of leave, being 25 and 26 December and 1 and 2 January .Applying the Holidays Act and Clause 2.7.1 (c) of the Collective Employment Agreement, Brown Watch Leave Group 7 would receive four additional days leave for 25 and 26 December and 1 and 2 January, which are then taken on 5, 6, 7 and 8th January. They therefore return to work for their second cycle of shifts on 13th January 2015.

Four statutory holidays fall during Blue Watch Leave Group 7's period of leave, being 25 and 26 December and 1 and 2 January. Applying the Holidays Act and Clause 2.7.1 (c) of the Collective Employment Agreement, Blue Watch Leave Group 7 would receive four additional days leave for 25 and 26 December and 1 and 2 January, which are then taken on 7,8,9 and 10th January. They therefore return to work for their second cycle of shifts on 15th January 2015.

Two statutory holiday falls during Green Watch Leave Group 8's period of leave, being 1 and 2 January. Applying the Holidays Act and Clause 2.7.1(c) of the Collective Employment Agreement they receive their additional day's leave on 17th and 18th January, and therefore return to work on the night shift of 19 January.

It is recognised that both Green Watch Leave Group 7 and Red Watch Leave Group 7 may prefer to prorata the additional leave days they receive (i.e. move or accumulate with the approval of their manager), given that they are required to return to work in between leave days.

Red and Green Watch Leave Group 7 workers must notify the rosters office by Thursday 17th December if they wish to pro-rata their additional annual leave days. If no notification is received Green Watch Leave Group 7 workers will be required to return to work on 1 and 2 January before taking their additional leave day on 3 and 4th January, and Red Watch Leave Group 7 workers will be required to return to work on 6th January.

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