FLIN FLON TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2014/07/01 - 2018/06/30 (EXPIRED)

Article 4:00 - Leave of Absence

4:01 Adoption

Leave shall be granted without salary deduction, for the adoption of a child to a maximum of two working days. (Refer to Article 4:04)

4:02 Compassionate Leave

a. Leave shall be granted for death or serious illness of a member of the employee's immediate family, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents or grandchildren of the employee or of the employee's spouse, to a maximum of five (5) working days without salary deduction. The Division may request a medical certificate to verify serious illness.

b. Additional working days compassionate leave may be granted but will be charged at substitute rates.

4:03 Court Appearances

Any teacher required to be absent from duties due to attendance at a court of law for purposes of acting as a juror, Crown or School Division subpoenaed witness, shall do so without loss of pay.  Any monies received by a teacher from the Court exclusive of expenses (for example, meals or lodging allowances) shall be paid directly to the Division upon receipt.  The teacher shall make him/herself available for duty at his/her school during regular school hours when not required at court.  Any teacher required to be absent for these purposes, shall submit details to the Division at the earliest possible date. The employee shall immediately notify the Division upon becoming aware of his/her requirement to attend at court.

4:04 Maternity, Adoptive and Parental Leave

Leaves for Maternity, Adoptive and Parental purposes shall be in accordance with Employment Standards Code of the Province of Manitoba.

E.I. Benefit Top-Up

a.  A teacher taking maternity leave pursuant to this article shall be entitled to receive pay for the period of leave up to seventeen (17) weeks in the amount of ninety percent (90%) of the salary being received at the time leave was taken, this pay to include any benefits received from Human Resources Development Canada to a Supplemental Unemployment Benefits (SEB) Plan.

b.  In respect of the period of maternity leave, payments made according to the SEB Plan will consist of the following:

1. For the first two weeks, payment equivalent to 90% of her gross salary, and

2. Up to fifteen (15) weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and 90% of her gross salary.

c.  A teacher taking adoptive or parental leave pursuant to this article shall be entitled to receive pay for the period of leave up to ten (10) weeks in the amount of ninety percent (90%) of the salary being received at the time leave was taken, this pay to include any benefits received from Human Resources Development Canada to a Supplemental Unemployment Benefits (SEB) Plan.

d.  In respect of the period of adoptive or parental leave, payments made according to the SEB Plan will consist of the following:

1.  For the first two weeks, either payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety percent (90%) of gross salary where the two week waiting period has been served or payment equivalent to ninety percent (90%) of gross salary; and

2.  Up to eight (8) weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety percent (90%) of gross salary.

e. Where any portion of the leave period referenced in (a), (b), (c) and (d) above falls during the summer, Christmas Break, Spring Break, or any other period for when the teacher would not be earning salary, that portion of the leave period does not qualify for SEB Plan benefits pursuant to Article 4.04 (a), (b),(c) and (d).

4:05 Major Religious Holy Leave

1.  A teacher under contract shall be given leave of absence up to a maximum of three (3) days per school year without loss of pay for major religious holy days observed by the teacher and designated as a day of obligation by the teacher’s religion.

Teachers shall not absent themselves from duty for reasons of religious holy days without first notifying the Superintendent or designate.

The following notification period shall apply:

a)  Teachers on staff requiring religious holy leaves during the school year shall provide notice in writing on the prescribed form as soon as possible after the start of the school year, however, not later than September 30th .

b)  In instances where religious holy leave is required prior to September 30th in the school year, notice shall be given within ten (10) working days after the start of the school year, unless the holy day falls within the first ten (10) working days of the school year there the notice shall not be less than five (5) working days;

c)  Where the appropriate notice has not been given, religious holy days leave will be provided and the teacher’s regular salary will be deducted the substitute rate in the teacher’s salary classification.

2.  The parties agree that this article constitutes reasonable accommodation for religious holy leave.

4:06 Sick Leave

a) When a teacher is sick he/she shall be entitled to a leave of absence (herein called “sick leave”) during his/her sickness and shall be entitled to be paid his/her full salary during such sick leave.

b) Sick leave shall be provided at the rate of twenty (20) days at the beginning of the school year. The unused portion of the sick leave in any year(s) shall be carried forward and accumulated from year to year to a maximum as indicated below:

     First Day – Fall Term 2014         123 days

c) The provision of twenty (20) sick days in any year shall be prorated in the following circumstances:

i) Where a teacher commences employment at a time other than the commencement of the fall term.

ii) Where a teacher returns from a leave at a time other than the commencement of the fall term.

iii) In the event of termination of employment prior to having earned the amount of sick days utilized, the unearned portion of sick leave will be deducted from the final salary payment.

iv) Teachers employed on a part-time basis, shall accrue and be granted sick leave with pay pro-rated on full time equivalents.

v) Sick leave shall not continue to accrue while on any leave of absence without pay.

d) The distribution of teachers’ share (5/12) of the EI Wage Loss Replacement Partial Premium Reduction Plan is to be:

i) 1/12th of the premium reduction to be included in professional development budget.

ii) 4/12th of the premium reduction to be remitted to the Association at the conclusion of the current calendar year.

 e) Effective the fall term 2011, teachers shall make every effort to schedule appointments outside of school hours. When medical appointments cannot be made outside of school hours, every effort shall be made to schedule the appointment to minimize the time away from school, in such case medical leave shall be granted. Minimizing the time away from school shall mean teachers shall only take the time needed for the appointment and time needed to travel to and from the appointment. Such leave shall be counted against the employee’s accumulated sick leave. The maximum amount of time available to a teacher under this clause is three (3) days per school year.

4:07 Leave for Executive Duties - Manitoba Teachers' Society

a. A teacher, being a member of the Manitoba Teachers' Society Executive Committee, or of the Executive Committee of any branch thereof, or any special committee of the Society or being appointed an official representative or delegate of the Society or any branch thereof, and being authorized by the Executive Committee of which he or she is a member, or acting as a representative or delegate, shall be excused from school duties for either purpose or both purposes for not more than a total of six (6) teaching days in any one school year, or a total of ten (10) teaching days in any one school year if the teacher is a member of the Provincial Executive of the Manitoba Teachers' Society. A maximum of fifty-five (55) days in total may be taken for the purposes mentioned above during any school year by members of the association. No additional leave of absence beyond fifty-five (55) days in a school year shall be taken for the purpose mentioned above except with consent and approval of the Division. The Division or its designate is to be given two weeks' notice of intended leave. The Division may waive a full notice period for special circumstances.

b. Members of the instructional staff being members of the Provincial Executive of the Manitoba Teachers' Society or any member of a Provincial Committee thereof, may be excused from school duties for the purpose of attending such meetings for a maximum of ten (10) teaching days under the same regulations as laid down in Article 4:07 a.

c)  The Manitoba Teachers' Society shall reimburse the Division for each day of leave at the rate of the daily salary deduction based on the number of days in a school year as dictated by the Minister of Education from one school year to the next.

4:08 Paternity Leave

Upon request, a teacher shall be granted three (3) days of paternity leave without loss of salary or benefits to attend to needs directly related to the birth of his children. At the teacher’s option such leave may be taken at the time between the day of the birth of his children and three (3) days following the discharge from hospital of the mother or the children. The days of leave need not be taken consecutively.

In the case of a home birth, leave without loss of salary shall be granted within the seven (7) days following the date of the birth and including the day of the birth.  If hospitalization is required, such leave may be taken up to three (3) days following the discharge from hospital of the mother or the child(ren).  The days of leave need not be taken consecutively.

4:09 Personal Leave

Each teacher shall be entitled to three (3) days personal leave in any school year; the first and second day at no deduction of salary and the subsequent day at deduction of substitute rate. Leave beyond three (3) days for any and all reasons, except which as might otherwise be provided in the Collective Agreement, shall be at the sole discretion of the Division and shall be at a daily salary deduction based on the number of days in a school year as dictated by the Minister of Education from one school year to the next.

Personal leave shall be subject to the teacher providing reasonable notice of such leave to the Division.

Personal leave shall not be cumulative from one school year to the next.

In the event of a substitute not being required, the substitute deduction will accumulate in the teacher's home school-based fund.

The school-based fund is to be administered by a staff committee for educational purposes.

4:10 Extra-Curricular Leave

For each 25 hours of extra-curricular duties, up to a maximum of a total of 100 extra-curricular hours, a teacher shall be entitled to either:

a. a payment equivalent to one-half the daily substitute teacher rate; or

b. a half day leave of absence without salary deduction at a time mutually agreeable to the Division and the teacher.

If desired, such leave shall be granted in advance of hours being earned.

If leave is advanced and the extra-curricular duty is not completed the employee will have the cost of the substitute deducted from the first payment in July and charged as personal leave day(s).

If it is not possible to accommodate leave days within the school year the Division will pay the teacher in accordance with Clause 4:10 (a).

4:11 Family Medical Leave

Each teacher shall be entitled to use up to five (5) days of accumulated sick leave per school year to attend to the illness, injury or medical appointments of the teacher’s spouse, parents, or dependent children. Where such cases occur and both are teachers within the scope of this agreement, both teachers may not access this provision concurrently.

4:12 Cancellation of a Substitute

Teachers failing to give notice of intention to resume teaching shall have this amount deducted from his/her salary.