With respect to maternity/parental leave, the Manitoba Employment Standards Code will apply except as provided herein.
Every female teacher shall be entitled to maternity leave and every teacher shall be entitled to parental leave in accordance with this article.
The teacher and the Division may mutually agree to extend the length of the leave if the teacher so desires. Any such arrangements shall be confirmed in writing by the Division.
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 pursuant to a Supplemental Employment Benefits (SEB) Plan established pursuant to the Employment Insurance Act and any regulations thereto (“SEB Plan”).
In respect of the period of maternity leave, payments made according to the SEB Plan will consist of the following:
a) For the first two (2) weeks, payment equivalent to ninety percent (90%) of her gross salary; and
b) Up to fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefit the teacher is eligible to receive and ninety percent (90%) of her gross salary.
A teacher taking 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 the leave was taken, this pay to include any benefits received pursuant to a SEB Plan.
In respect of the period of parental leave, payments made according to the SEB Plan will consist of the following:
a) For the first two (2) weeks, payment equivalent to ninety percent (90%) of his/her gross salary; and
b) Up to eight (8) additional weeks, payment equivalent to the difference between the Employment Insurance benefit the teacher is eligible to receive and ninety percent (90%) of his/her gross salary.
Where a teacher is entitled to receive up to ten (10) weeks (fifty (50) teaching days) of parental “top-up” benefits in accordance with the collective agreement and where non teaching days fall within the entitlement period, such non teaching days shall not reduce the teacher’s fifty (50) teaching days of “top-up” entitlement.
(Effective July 1, 2015 Article 14.09 replaces Articles 14.04 through to Article 14.08)
Effective July 1, 2015 a teacher taking Maternity Leave and/or Parental/Adoptive Leave pursuant to this Article shall be entitled to receive pay equivalent to ninety percent (90%) of the teacher’s gross salary at the time the leave commences 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 to this Article.
Effective July 1, 2015 the Division shall pay a teacher on Maternity Leave and/or Parental/Adoptive Leave:
a) If the teacher’s two (2) week or ten (10) day waiting period falls entirely on teaching days, ninety percent (90%) of the teacher’s gross salary plus up to seventy-five (75) 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;
b) If the teacher’s two (2) week or ten (10) 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;
c) Up to fifty (50) teaching days of Parental/Adoptive 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/Adoptive Leave and continues to receive employment insurance benefits.
For greater certainty, a teacher who is receiving employment insurance benefits shall be entitled to:
a) One hundred and thirty-five (135) teaching days of pay and/or top-up benefits if the teacher takes both Maternity Leave and Parental/Adoptive Leave;
b) Eighty-five (85) teaching days of pay and/or top-up benefits if the teacher takes only Maternity Leave;
c) Fifty (50) teaching days of pay and/or top-up benefits if the teacher takes only Parental/Adoptive Leave;
unless the teacher takes a shorter period of Maternity Leave or Parental/Adoptive 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.
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.
Where a maternity/parental leave expires during a school term, the teacher shall be entitled to return to the same or comparable position at the commencement of the next ensuing term immediately following the expiration of such leave. In the interim, the teacher shall be entitled to return to such position as the Superintendent may, in his/her discretion, decide, provided that the teacher shall, in either event, be entitled to not less than the same salary and benefits received by the teacher prior to the commencement of maternity/parental leave.
For the purpose of this section, “term” means either the months of September to December or January to June, as the case may be.
A teacher shall have the right to two (2) days leave where the spouse has given birth to a child or where the teacher has adopted a child as long as that leave is taken within two (2) weeks preceding or following the adoption or birth of that child on the understanding that the teacher taking the leave shall have deducted from their salary the cost of any substitute teacher required to take their place.
(Effective Fall Term 2015) A teacher shall have the right to one (1) day paid leave where the spouse has given birth to a child or where the teacher has adopted a child within two (2) weeks preceding or following the adoption or birth of that child. There will be no deduction of salary for such leave.