Letter of Understanding
Between:
Rolling River School Division
-and-
Rolling River Teachers Association
Re: Settlement of Maternity Leave Grievance
The Rolling River School Division agrees to settle the grievance filed by the RRTA and individual teachers regarding the application of the Maternity Leave in Article 7:08 on a without prejudice basis:
1. Commencing January 1, 2017, the following language shall replace the existing Article 7:08 in its entirety:
Parenting Leave
Maternity or Parental Leaves shall be in accordance with the Employment Standards Code of the Province of Manitoba.
Top-Up Benefits
(a) Effective January 1, 2017 a teacher taking Maternity Leave and/or Parental Leave pursuant to this article shall be entitled to receive pay equivalent to ninety percent (90%) of the teacher's gross salary (gross salary means the teacher's gross salary at the time the leave commenced plus any subsequently negotiated salary adjustments) for up to one hundred and thirty-five (135) teaching days, which pay will include any Employment Insurance benefits received in accordance with this article.
(b) Effective January 1, 2017 the Division shall pay a teacher on Maternity Leave and/or Parental Leave:
(1) if the teacher's one (1) week or five (5) day waiting period falls entirely on teaching days, ninety percent (90%) of the teacher's gross salary plus up to eighty (80) teaching days of Maternity Leave Top-Up calculated at the difference between the teacher's Employment Insurance benefit and ninety percent (90%) of the teacher's gross salary provided the teacher remains on either maternity or Parental Leave and continues to receive Employment Insurance benefits;
(2) if the teacher's one (1) week or five (5) day waiting period falls partially or entirely within a non-teaching period, ninety percent (90%) of the teacher's gross salary for any teaching days and up to eighty-five (85) teaching days of Maternity Leave top-up calculated at the difference between the teacher's Employment Insurance benefit and ninety percent (90%) of the teacher's gross salary provided the teacher remains on either Maternity or Parental Leave and continues to receive Employment Insurance benefits;
(3) up to fifty (50) teaching days of Parental Leave top-up calculated at the difference between the teacher's Employment Insurance benefit and ninety percent (90%) of the teacher's gross salary provided the teacher remains on Parental Leave and continues to receive Employment Insurance benefits.
For greater certainty, a teacher who is receiving Employment Insurance benefits shall be entitled to:
(1) one hundred and thirty-five (135) teaching days of pay and/or top-up benefits if the teacher takes both Maternity Leave and Parental Leave;
(2) eighty-five (85) teaching days of pay and/or top-up benefits if the teacher only takes Maternity Leave;
(3) fifty (50) teaching days of pay and/or top-up benefits if the teacher only takes Parental Leave;
unless the teacher takes a shorter period of Maternity Leave or Parental Leave in which case, the pay and/or top-up will be pro-rated to reflect the actual number of teaching days taken. The parties acknowledge that the top-up payments made by the Division for Maternity Leave may extend into the period of time that the teacher is on Parental Leave but the payment is intended to be a top-up of Maternity Leave benefits.
c) Non-Application
This article shall not apply to any teacher who is employed on a term contract during the teacher's first year of Employment. All other teachers shall be eligible to receive the top-up benefits once they have been employed for a period of seven (7) months by the Division.
2. Any teacher who was on Maternity Leave as of September 1st, 2016 shall be entitled to the new language of Article 7:08 commencing September 1, 2016, save and except for the waiting period which would be two weeks. The one week waiting period is effective January 1, 2017. The provisions are not retroactive in the past to a date earlier than September 1, 2016.
For example: a teacher who started August 1st, 2016, would have been on Maternity Leave for twenty three (23) days in August (excluding weekends). As of September 1, 2016, they would be eligible for Maternity Leave top-up for sixty-two (62) school days.
SIGNED and DATED at Minnedosa, in the Province of Manitoba, this 21 day of April, 2017
ROLLING RIVER SCHOOL DIVISION
Chairperson, Board of Trustees Secretary-Treasurer
ROLLING RIVER TEACHERS' ASSOCIATION OF THE MANITOBA TEACHERS' SOCIETY
President Chairperson, Negotiating Committee