A. Every female teacher shall be entitled to maternity leave and every teacher shall be entitled to parental leave in accordance with this Article.
B. Every teacher shall be entitled to unpaid parental leave.
C. Except as otherwise provide 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. 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 from Human Resources Development Canada to a Supplemental Employment Benefits (SEB) Plan. The implementation of this clause is subject to the successful arrangement of a Supplemental Employment Benefits Plan with Human Resources Development Canada.
F. In respect of the period of maternity leave, payment made according to the SEB Plan will consist of the following:
1. For the first two weeks, payment equivalent to 90% of her gross salary, and
2. Up to fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and 90% of her gross salary.
G. A teacher taking parental leave shall receive pay for the period of leave up to ten (10) weeks of payment equivalent to the difference between the payment from Human Resources Development Canada and 90% of his/her salary. The ten weeks includes any waiting period required for employment insurance benefits.
H. In respect of the period of adoptive or parental leave, payment made according to the SEB Plan will consist of the following:
1. For the first two weeks, either payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety percent (90%) of gross salary where the two week waiting period has been served or payment equivalent to ninety percent (90%) gross salary, and
2. Up to eight (8) weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and 90% of gross salary.
I. Top-Up Benefits
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 subsequent 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.
Effective July 1, 2015, the Division shall pay a teacher on Maternity Leave and /or Parental Leave:
1. 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;
2. 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;
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 either Maternity or Paternal Leave and continues to receive employment insurance benefits.
i. For greater certainty, a teacher who is receiving employment insurance benefits is entitled to:
(1). One hundred and thirty-five (135) teaching days of pay and /or top-up benefits if the teacher takes both Maternity 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 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.
J. 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.