ASSOCIATION DES EDUCATRICES ET DES EDUCATEURS FRANCO-MANITOBAINS

EFFECTIVE PERIOD: 2014/07/01 - 2018/06/30

ARTICLE 38.00 - PARENTING LEAVE

38.01 Maternity Leave

(a) Every female member of the Association shall be entitled to maternity leave.

(b) The condition of maternity leave shall be determined by the member and the Division to their mutual satisfaction.

(c) The Division shall provide the member with a copy of the agreement reached in clause b) above.

(d) Maternity leave shall not constitute a break in employment.

(e) At the termination of the maternity leave the member shall be reinstated in the position occupied by her at the time such leave commenced or in a comparable position with no less than the same salary and benefits.

(f) Nothing in the foregoing shall reduce the rights of a member for maternity leave as outlined in the Employment Standards Act.

 

38.02 Adoptive Leave

(a) Every member of the Association shall be entitled to leave for the adoption of a child or children.

(b) The condition of the adoptive leave shall be determined by the member and the Division to their mutual satisfaction.

(c) The Division shall provide the member with a copy of the agreement reached in clause b) above.

(d) Adoptive leave shall not constitute a break in employment.

(e) At the termination of the adoptive leave the member shall be reinstated in the position occupied by her or him at the time such leave commenced or in a comparable position with no less than the same salary and benefits.

38.03 Parenting Leave

(a) Any teacher shall be entitled to parenting leave for the birth of a child or children.

(b) The condition of the parenting leave shall be determined by the teacher and the Division to their mutual satisfaction.

(c) The Division shall provide the teacher with a copy of the agreement reached in clause (b) above.

(d) Parenting leave shall not constitute a break in employment.

(e) At the termination of the parenting leave the teacher shall be reinstated in the position occupied by him at the time such leave commenced or in a comparable position with no less than the same salary and benefits.

38.04 Paternity Leave

Effective on the date of signing of this Agreement, every male member shall be entitled to three (3) days paid paternity leave without loss of pay or benefits for the birth of a child or children.

38.05 Supplementary employment insurance benefit plan

(a) After having worked for the Division for a period of seven (7) consecutive months, a teacher who is eligible for maternity leave in keeping with Manitoba’s Employment Standards Act and who is also eligible for employment insurance benefits under the Canadian Employment Insurance Act is entitled to receive remuneration equivalent to ninety percent (90%) of the gross salary which she was earning when she went on leave.  This remuneration must include all of the benefits from Human Resources Development Canada (HRDC) under a supplementary unemployment benefits (SUB) plan.

(b) With respect to the period of the maternity leave, the remuneration provided under the supplementary unemployment benefits plan must be paid to the teacher as follows:

  i) For the first two weeks, remuneration equivalent to ninety percent (90%) of her gross salary, and

  ii) For an additional maximum period of fifteen (15) weeks, remuneration equivalent to the difference between the employment insurance benefits to which the teacher is entitled and ninety percent (90%) of her gross salary.

(c) Effective on the date of signing of this Agreement, after having been employed by the Division for a period of seven (7) consecutive months, any teacher who is eligible for adoptive or parental leave in keeping with Manitoba’s Employment Standards Act and is also eligible for employment insurance benefits in keeping with the Canadian Employment Insurance Act is entitled to receive remuneration equivalent to ninety percent (90%) of the salary which he/she was earning when he/she went on leave. This remuneration must include all of the benefits received from Human Resources and Development Canada (HRDC) under a supplementary unemployment benefits (SUB) plan.

(d) Effective on the date of signing of this Agreement, with respect to the period of the adoptive or parental leave, the remuneration provided under the supplementary unem-ployment benefits plan must be paid to the teacher as follows:

  i) For the first two weeks, remuneration equivalent to ninety percent (90%) of his/her gross salary, and

  ii) For an additional maximum period of eight (8) weeks, remuneration equivalent to the difference between the employment insurance benefits to which the teacher is entitled and ninety percent (90%) of his/her gross salary.

(e) Effective on the date of signing of this Agreement, when a portion of the seventeen (17) weeks of maternity leave indicated in subsection b) above or a portion of the ten (10) weeks of adoptive or parental leave indicated in subsection d) above falls during the summer, the Christmas vacations, the spring break or any other period during which the teacher does not earn a salary, the teacher is not entitled, in keeping with the provisions of article 38.05 of this collective agreement, to supplementary benefits for this portion of the maternity or adoption leave.

(f) i) If a teacher started her maternity leave before June 30 of a given year and a portion of the first seventeen (17) weeks falls after the start of the fall term of the subsequent school year, that teacher is entitled to supplementary maternity benefits for the portion (if any) of the seventeen (17) weeks of maternity leave that falls after the start of the next fall term.

 ii) Effective on the date of signing of this Agreement, if a teacher starts his/her adoptive or parental leave before June 30 of a given year and a portion of the ten (10) first weeks falls after the start of the fall term of the subsequent school year, that teacher is entitled to supplementary adoptive or parental benefits for the portion (if any) of the ten (10) weeks of adoptive or parental leave that falls after the start of the next fall term.

(g) The ten (10) weeks of supplementary employment insurance benefits will be paid immediately following the maternity leave.  When a teacher is eligible to receive up to ten (10) weeks of supplementary employment insurance benefits, in accordance with this Collective Agreement, and when the days of leave fall within the period of benefits, these days of leave will not reduce his or her eligibility to the ten (10) weeks of supplementary benefits.  These benefits will be paid upon the teacher’s return to work after the leave period.