Memorandum of Settlement

Schedule 'A'

5.05 Parenting Leave

1. Every female teacher employed by the Board shall be entitled to unpaid maternity leave.
2. Every teacher employed by the Board shall be entitled to unpaid parental leave.
3. Every teacher employed by the Board shall be entitled to unpaid parental leave to adopt a child provided that the leave commences within one (1) year of the child coming into the care or custody of the adoptive parent with adoption proceedings completed or underway.
4. Maternity and/or Parental Leaves shall be granted in accordance with the Employment Standards Code (Manitoba).
5. At the termination of a Maternity and/or Parental Leave a teacher under contract shall be reinstated in the position occupied by the teacher at the time such leave(s) commenced or in a comparable position with not less than the same salary and benefits.
6. The qualifying period, as per the Employment Standards Code, must be served in order to qualify for Top-Up benefits in accordance with Article 5.05(g). For greater certainty, should a teacher fail to serve the full qualifying period prior to the start of the maternity leave or parental leave, then that teacher shall be eligible to receive Top-Up benefits for the portion of the leave which occurs after completion of the qualifying period.

Top-Up Benefits

1. Effective July 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. 
2. Effective July 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.

3. 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. 

(h)          A teacher who wishes to attend the birth of their child, or who is adopting a child, and is not otherwise on a Parenting Leave shall be entitled to a maximum of one (1) day leave at no deduction of salary should the child be born, or