HANOVER TEACHERS' ASSOCIATION

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

ARTICLE 8: LEAVES

8:01 Bereavement Leave

 a) Upon request each teacher shall be allowed bereavement leave without loss of salary in the case of death of his/her father, mother, son, daughter, sister, brother, spouse or common-law spouse up to but not exceeding five (5) days; and mother-in-law, father-in-law, son-in-law, daughter-in-law, grandmother, grandfather, grandchild, brother-in-law, or sister-in-law up to but not exceeding three (3) days; and uncle, aunt and friend up to one (1) day upon approval by the superintendent.

 For the purpose of this article, a common-law spouse shall be defined as follows:  Where an employee establishes that he or she has been residing with a person and has been publicly representing that person as his or her spouse for a period of not less than one (1) year, that person shall be deemed to be the common-law spouse of the employee.

 b) Leave without loss of salary beyond this amount may be granted at the discretion of the superintendent.

8:02 Compassionate Leave

 a) Upon request each teacher shall be allowed compassionate leave without loss of salary in the case of serious illness of his/her father, mother, son, daughter, sister, brother, spouse or common-law spouse up to but not exceeding five (5) days; and mother-in-law, father-in-law, son-in-law, daughter-in-law, grandmother, grandfather, grandchild, brother-in-law, or sister-in-law up to but not exceeding three (3) days; and uncle, aunt and friend up to one (1) day upon approval by the superintendent.

 For the purpose of this article, a common-law spouse shall be defined as follows:  Where an employee establishes that he or she has been residing with a person and has been publicly representing that person as his or her spouse for a period of not less than one (1) year, that person shall be deemed to be the common-law spouse of the employee.

 b) Leave without loss of salary beyond this amount for compassionate reasons may be granted at the discretion of the superintendent.

8:03 Sabbatical Leave

Sabbatical leave shall be paid according to the following formula: A teacher shall have been on staff for seven consecutive years.  (Consecutive to mean that the teacher has not been under the employ of someone other than Hanover School Division.)  The allowance paid during his/her leave shall be 50% of his/her basic salary, plus increments.  (Principal's allowance not included.)  Not more than 2% of the teachers on staff in the Division shall be eligible for leave in any one year.  Leave shall be granted for further study only.  Each teacher shall be required to return to the Division for three years after his/her one year of sabbatical leave.  In the event that a teacher does not return after the leave, he/she shall be required to refund 100% of the sabbatical allowance.  If the teacher leaves employment after one year of service, 2/3 of his/her allowance shall be refunded.  If the teacher returns for two years only, he/she shall be required to refund 1/3 of his/her sabbatical allowance.  Approval for leave may be granted by the Superintendent and the School Board.  All applications for sabbatical leave shall be submitted to the Superintendent by the last teaching day in November.  Approval or denial of such leave shall be decided by the last teaching day of December.

8:04 Maternity, Adoptive, and Parental Leave, Supplementary Employment Benefits (SEB) Plan

a) Every female teacher shall be entitled to maternity leave and every teacher shall be entitled to adoptive leave in accordance with this article.

b) Every teacher shall be entitled to unpaid parental leave.
 
c) Except as otherwise provided herein, the Manitoba Employment Standards Code will apply.

d) The teacher and the Division may mutually agree to extend the length of leave if the teacher so desires.  Any such arrangements shall be confirmed in writing by the Division.

e)   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 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.

f)    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 an 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 only takes maternity leave;

  (c) fifty (50) teaching days of pay and/or top-up benefits if the teacher only takes 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.

g)    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.

8:05 Personal Leave

a) Leave Without Pay

i) Leave of absence for public and/or community service not exceeding one (1) day per year may be granted at the discretion of the Superintendent.
 
ii) Leave of absence for public and/or community service exceeding one (1) day per year may be granted by the Board at its discretion.  Application for such leave to be made through the Superintendent to the Board.
 
iii) Leave of absence for personal reasons not exceeding one (1) day per year may be granted at the discretion of the Superintendent.  Such leave may not be used for vacations or to extend vacations.
 
iv) Leave of absence for personal reasons exceeding one (1) day, but not more than two (2) days per year, may be granted by the Board at its discretion. Application for such leave to be made through the Superintendent to the Board. Such leave may not be used for vacations or to extend vacations.

 b) Leave at Substitute Cost

 i) Any teacher shall be entitled to one (1) day of personal leave per year at substitute cost.
  
    Teachers shall not be granted personal leave on any in-service, parent teacher, or administration days, nor shall personal leave be granted to extend Spring, Summer, Christmas break periods, or long weekends.
  
    In no event will more than 10% of the teachers per school be granted personal leave on any one (1) day.  Requests for personal leave shall be made to the principal with as much notice as possible and will be dealt with on an as received basis.

 ii) The Board recognises that additional personal leave may be required in some circumstances.  The Board may grant additional personal leave at substitute cost.

 c) MTS Leave

  i) Any teacher, being a member of the Manitoba Teachers’ Society’s Executive or of the Executive of any branch thereof, or of any special committee of the Society or any branch thereof, or being appointed an official representative or delegate of the Society or of any branch thereof and being authorized by the Executive of the Society to attend a meeting of the committee of which he or she is a member, or to act  as a representative or delegate of the Society or of any branch of the Society in a matter of Society business, requiring absence from school, shall have the right to attend such meetings or to act as such representative or delegate and shall be excused from school duties for either purpose or for both purposes on not more than a total of five (5) teaching days in any school year, provided that the Society or any branch thereof assumes the cost of providing substitutes.

A maximum of fifty (50) 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 (50) days in a school year shall be taken for the purposes mentioned above except with the consent and approval of the Board.

 ii) Local Association President’s Secondment

    (a) The Division shall provide the President of the Hanover Teachers’ Association leave to conduct Association business up to 100% of the teacher’s assignment as indicated by the Association.

    (b) The Association agrees to reimburse the Division, the President’s salary and benefits, for the percentage of leave taken by the President of the Association.

    (c) The Hanover Teachers’ Association will notify the Division by April 30th if they intend to exercise the leave of absence for the President for the following academic year.  The schedule for the leave shall be developed by the Superintendent.

   (d) Upon return from secondment, the teacher shall be placed in the same assignment held by the teacher prior to the secondment, unless there is a mutual agreement between the teacher and the Division to do otherwise.

 d) Leave With Pay

 i) The Board may at its discretion grant leave to a teacher up to a maximum of four (4) days during any one (1) school year. Application for such leave to be made through the Superintendent to the Board. Such leave may not be used for vacations or to extend vacations.

 ii) Teachers shall be granted, upon request, personal leave with pay of up to two days per school year.

    Teachers shall not be granted personal leave on any in-service, parent teacher, or administration days, nor shall personal leave be granted to extend Spring, Summer, Christmas break periods.

    In no event will more than 10% of the teachers per school (but not less than 2 teachers per school) be granted personal leave on any one day.  Notwithstanding the above, for the day preceding a long weekend and the day immediately following a long weekend, no more than 5% of the teachers per school will be granted personal leave, and no teacher will be granted more than one personal leave day per long weekend.

    Requests for personal leave shall be made to the principal with as much notice as possible and will be dealt with on an as received basis.  In the case of an emergency the teacher shall contact their principal no later than 8:00 a.m. for the day the leave is being requested.

    A maximum of three (3) personal leave days may be accumulated from year to year.

e) One Year Leave of Absence

 A teacher may apply for a one year leave of absence at no loss of tenure rights provided that:
 i) Application is made not later than April 30th in the year leave is requested.
 ii) A teacher on such leave shall notify the Board of his/her intention to return or not to return on staff not later than March 31st of the year which the leave expires.
 iii) The teacher on leave shall not lose any days of accumulated sick leave.
 iv) The Board shall respond to the teacher's request within thirty (30) days from the date on which an application is received.
 v) The Board shall consider each application for leave on its own merits and the Board's decision shall be final.

8:06 Sick Leave

a) Where a teacher is sick, he/she shall be entitled to sick leave during his/her illness and to be paid his/her salary during his/her sick leave; but subject to 8:06 (d), the leave shall not exceed twenty(20) teaching days in any school year.

b) Twenty (20) days sick leave shall be awarded to each employee on the first (1st) working day of each school year subject to 8:06 (d).

c) Term, Temporary and Permanent employees not starting employment on the first (1st) day of the school year shall be awarded the pro-rated number of sick leave days on their first (1st) working day, calculated to the nearest whole number of days.
 
d) Where the employment of the teacher is continued for more than one year the unused portion of the sick leave of any year(s) shall be carried forward and accumulated from year to year to a maximum of forty (40) teaching days in the second year and sixty (60) teaching days in the third year and eighty (80) teaching days in the fourth year, and one hundred(100) teaching days in the fifth year, and one hundred and twenty (120) teaching days in the sixth and subsequent years.  Effective the first day of the fall term of 2013, sick leave may be accumulated to a maximum of one hundred and thirty (130) teaching days in the subsequent years.

e) Should the Division become eligible for a reduction in premium under the Employment Insurance Act, the teachers' 5/12 share of the premium reduction will be remitted twice yearly (at the conclusion of the spring and fall term) to the Secretary-Treasurer of the Local Association and the amount received shall be used for educational purposes.

f) Teachers employed on a part-time basis shall be granted sick leave with pay pro-rated based on full-time equivalents.

g) Teachers employed on a temporary contract shall be entitled to sick leave during the term of the contract under the same terms and conditions as a teacher regularly employed by the Division but the number of days entitlement shall be in the proportion as the total number days taught is of the number of days in the current school year multiplied by twenty (20).

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

i) A teacher may be required to furnish a medical certificate when requested by the Division.

8:07 Family Related Medical Leave

 Each teacher is entitled to use up to four (4) days of his/her sick leave per school year for a medical issue of an immediate family member.

8:08 Jury and Witness Duty

A teacher who is summoned for jury duty or who receives a summons or subpoena to appear as a witness in a court proceeding, other than a court proceeding occasioned by the employee’s private or personal affairs, shall be granted a leave of absence without loss of pay for the required period of absence.  All jury and witness fees, excluding expense reimbursements, received by the employee shall be remitted to the Division.  The teacher shall have responsibility to provide to the Division satisfactory proof of the necessity of this absence.  Absence from work shall be minimized.  The employee shall immediately notify the Division upon becoming aware of his/her requirement to attend at court and keep the Division informed on their anticipated absence and return date.

8:09 Birth Leave

Effective September 2015, a teacher who wishes to attend the birth of their child(ren) shall be entitled to a maximum of one (1) day leave at no deduction of salary.  This day must be taken within one week following the birth.

8:10 Adoptive Leave

Effective September 2015, any teacher who is adopting a child shall be entitled to a maximum of one (1) day leave at no deduction of salary.  This day must be taken within one week following the adoption.

8:11 Deferred Salary Leave Plan

The Hanover School Division shall administer a voluntary Deferred Salary Leave Plan for the Hanover Teachers' Association of the Manitoba Teachers' Society.