INTERLAKE TEACHERS' ASSOCIATION

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

ARTICLE 17: LEAVES OF ABSENCE

17.01

A. MTS Duties Leave

A teacher being a member of the Manitoba Teachers' Society Executive Committee or of the Executive Committees of any branch thereof, or of any special committee of the Society, or being appointed an official representative or delegate of the Society or any branch thereof, and being authorized by the Executive Committee of which he/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 both purposes on not more than a total of five (5) teaching days in any school year; provided that the Superintendent is notified prior to the leave, and, provided that a substitute satisfactory to the Board can be secured and that the cost of providing this substitute is assumed by the Society and shall not be a charge upon the Board concerned. No additional leave of absence beyond five (5) days in a school year shall be taken for the purposes mentioned above, except with the consent and approval of the Board.

B. President's Release Time Leave

1. Each school year, the Division shall provide release time to the President of the Association the equivalent of up to ten (10) days release from regular classroom duties plus a scheduled release of up to thirty (100%) percent.
 
2. The Association agrees to reimburse the Division with the replacement teacher's cost incurred during the leave taken by the President of the Association.

3.  The Interlake Teachers' Association shall notify the Division by May 15th if they intend to exercise the leave of absence for the President. The schedule for the leave shall be developed with the President, Principal of the school affected and the Superintendent.

4. Notwithstanding point 3 above, the Association agrees to provide the Division, if possible, the name of the President for the upcoming school year and the percentage of release time prior to May 15th and as early in the school year as possible.

17.02 Elected President of Manitoba Teachers' Society Leave

A teacher employed by the Division who is elected president of the Manitoba Teachers' Society shall at the termination of the teachers' leave of absence return to a position in the same school where the teacher formerly taught provided the teacher has, on or before March 15 th in the year of the leave, advised the Superintendent of Schools in writing of the teacher's intention to return to the school at the commencement of the next teaching year. If the teacher fails to inform the Division in writing of the teacher's intention to return, the Division shall not be required to assign the teacher to the teacher's former school and the Division is relieved of any obligations to the teacher in this respect.

17.03 Post Secondary Education Examination Leave

Any teacher shall be entitled to leave for the writing of an examination during school hours without loss of salary to the teacher provided the Superintendent is notified three (3) weeks prior to the leave. Such leave will be one day for each examination written. Substitutes, when required, shall be paid by the Board. Granting of leave with less than three weeks notification shall be at the discretion of the Board.

17.04 Parenting Leave

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.

17.05 Sabbatical Leave

A.   Sabbatical leave for study shall be granted, or rejected, by a joint committee of the Board and the Interlake Teachers' Association. Such committee shall be composed of two (2) Board members appointed by the Board and three (3) Association members appointed by the Association president. The applicant for the leave must be prepared to appear before the Committee to discuss the details of the request.

B.   All applications must be submitted not later than February 1st of the year in which consideration is asked. The merit of the particular program chosen should be set forth by the applying teacher in a letter to the Board.

C.   If sabbatical leave is granted by the Committee referred to in Clause (A) hereof, the amount of the bursary shall be determined by the Board in consultation with the candidate but in no case shall the allowance be less than one-half of the salary he/she would have received had he/she not been on sabbatical.

D.  Payment of the award shall be made on a monthly basis in the same manner as it is presently for teachers on staff. Payment of the award shall be made with the provision that the teacher shall return to the Division. If the teacher desires to seek employment elsewhere, he/she shall repay the amount received as set out below:

1. If not returning - full repayment.

2. If returning for one year only - fifty percent (50%)

If a teacher fails to return after sabbatical, full repayment shall be made on or before September 1st of the year that the teacher would normally resume work in the Division.

E.   Not more than one teacher for every one hundred (100) teaching staff shall be granted sabbatical leave in any one year.

F.  Where all other considerations are equal, seniority shall be the basis for awarding sabbatical leave.

G.  Sabbatical leave shall not constitute a break in tenure but will not count as a year of experience for the purpose of increments. There shall be no accumulation of sick leave during the period in which a teacher is absent on sabbatical leave.

17.06 Sick Leave

A. When a teacher is absent from work because of sickness he/she shall be entitled to sick leave during such absence and to be paid his/her salary during this leave. Subject to Subsection B of this article, such leave shall not exceed twenty (20) teaching days in any school year.

B. Where the employment of a teacher is continued for more than one (1) year, the unused portion of sick leave in any year shall be carried forward and accumulated from year to year to a maximum of:

   40   teaching days in the second year;
   60   teaching days in the third year;
   80   teaching days in the fourth year;
  100 teaching days in the fifth year,
  120 teaching days in the sixth year.
  130 teaching days in the seventh and subsequent years. (Effective Fall Term 2015)

C. The Association agrees that any rebates applied for as a result of a reduction in unemployment premiums be allocated between the Board and the Association, 5/12 to the Association and 7/12 to the Board.

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

E. The Board shall provide full sick leave entitlement to a pregnant teacher who, as a result of her condition either before or after delivery, is unable to be at work and perform her regular duties for a valid health-related reason (s). The pregnant teacher shall follow current proof of claim procedures for sick leave entitlement as may be required by the Board.

F. Each teacher shall be entitled to use up to three (3) days of sick leave per school year to attend to the illness, injury or medical appointments of his or her immediate family including the spouse, or children, or parents of the teacher or spouse. Where such cases occur and both parents of a particular child are teachers within the scope of this agreement, both parents may not access the provisions of this article concurrently unless approved by the Superintendent.

 Reasonable effort shall be made to schedule medical appointments outside of school hours.

17.07 Leave of Absence Without Pay

Teachers in the Division shall be eligible for a one (1) year or two (2) year leave of absence without pay. Such leave shall not constitute a break in tenure or loss of accumulated sick leave; but shall not count in calculating experience for increment purposes. Upon return, the said teacher will be assigned by the Board to a teaching position. Eligibility for leave under this Article will exist once every five (5) years during the teacher's employment with the Interlake School Division.

17.08 Temporary Reduction in Contract Time Leave

In exceptional circumstances and depending on staffing configurations that may be approved by the Superintendent or designate, the teacher and the Division may mutually agree upon a reduction of teaching time.  In those cases, and unless agreement to the contrary, the teacher will return to employment and be re-instated the following school year to the percentage of time being worked prior to the leave being granted.

17.09 Compassionate Leave

Each teacher in the Division shall be granted compassionate leave without loss of salary, of  up to three (3) days, in any school year provided suitable arrangements have been made with the immediate supervisor prior to the leave. Leave with or without salary beyond the three (3) days for compassionate leave may be granted at the discretion of the Board.

17.10 Personal Leave

A. Teachers may be granted two (2) days personal leave per school year, at no deduction of salary, which leave shall not be unreasonable withheld.

B. The application, where possible, shall be submitted to the Principal at least one(1) week prior to taking the leave.

C. Effective Fall Term 2015:
Each teacher shall be allowed to carry one personal leave day forward to the next school year, thereby allowing for a possible maximum of three (3) personal leave days in any school year.  No more than two (2) personal leave days may be used consecutively without the approval of the Superintendent or designate.

17.11 Leave for Other Purposes

In all cases of absence from teaching duties other than for illness or other reasons heretofore stated in this agreement, permission of the Board shall be obtained and any teacher thus absent from duty shall be deducted the salary of a substitute teacher for each of the first five (5) consecutive days of absence. Beginning at the sixth consecutive day of absence and for each consecutive day of absence thereafter, the teacher shall have 1/200 of his/her annual salary deducted.