KELSEY TEACHERS' ASSOCIATION

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

ARTICLE 4 - LEAVES

4.01 Compassionate Leave

Each teacher shall be allowed compassionate leave without loss of salary up to, but not exceeding, a total of ten (l0) teaching days in any one school year, but not more than five (5) days on any one occasion of absence for the following:

In the case of death or serious illness to any member of the immediate family of the teacher:  immediate family to include aunt, uncle, niece, nephew, father, mother, sister, brother, son, daughter, wife or husband, legal guardian and/or a child under legal guardianship, father in law, mother in law, grandparent, grandparent in law, brother in law, sister in law, grandchild, son in law, daughter in law, common law spouses (as defined by Law) of the teacher.
 
Additional leave for compassionate reasons may be granted at the discretion of the Board.  In all cases, the teacher shall notify the Board thereof prior to taking such leave. 

A teacher shall be granted bereavement leave up to one (1) day without loss of pay in order to attend a funeral as an active pallbearer or eulogist.  The Division, at its discretion, may grant additional time to an employee to attend the funeral service where long distance travel is required.
Additional leave for compassionate reasons may be granted at the discretion of the Board.  In all cases, the teacher shall notify the Board thereof prior to taking such leave.

4.02 Educational Leave

After a period of five years on staff, a teacher may be granted one year educational leave. Such leave shall be subject to the following conditions:

(a) Application must be made for such leave not later than February 28th and the decision given to the teacher not later than March 31st. Leave shall become effective September 1st for a period of one year. All applications shall be reviewed by an Evaluation Committee consisting of two representatives of the Board and two representatives of the Association or one Board member and the Superintendent and two members of the Association. The Evaluation Committee will make a recommendation to the Board of Trustees regarding such leave. The Superintendent shall notify the applicant of the Board's decision.

(b) The number of teachers granted educational leave in any one year shall not exceed two.

(c) The salary paid during educational leave will be determined as follows:
   5 years service ... 50%
   6 years service ... 60%
   7 years service ... 70%
The above percentages are calculated on and applicable to the salary of the applicant at the time the application is submitted or $31,180.00 whichever is the lessor.

(d) Educational leave shall not constitute a break in seniority but will not count as a year of experience for the purpose of increments.

(e) The teacher shall sign an agreement to return to his/her duties for the opening of the new school year following expiration of the leave and shall further undertake not to resign or retire from the services of the Board for the period of at least two years after his/her return. If this agreement is broken, the teacher will reimburse the board on a pro rata basis.

(f) Educational leave salary shall be paid on a monthly basis and shall be authorized on presentation of proof of enrolment in an approved course at a recognized University or College.

(g) On request teachers shall be allowed a maximum of two days per school year without loss of salary, for the writing of university examinations or defending a thesis or dissertation during the school year.

4.03 M.T.S. Leave

(a) A teacher, being a member of The Manitoba Teachers' Society Executive Committee or of the Executive Committee 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 the Society to attend a meeting of the Committee of which he/she is a member, or to act as a representative or delegate, 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 one school year.  A maximum of seventy-five (75) 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 seventy-five (75) days in a school year shall be taken for the purposes mentioned above except with the consent and approval of the Board.  In all cases, the teacher shall notify the Board thereof prior to taking such leave.  The cost of providing a substitute teacher shall be assumed by the Society and shall not be a charge upon the Division.

KTA Presidents Release Time
(b) A teacher who is elected President of the Association shall be seconded from the Division for up to 50% release time plus a further 10 days of release   upon application of the Association.  Application shall be made no later than May 31st for the following school year.  Unusual or exceptional circumstances which preclude the making of application by the last teaching day of May shall be considered by the Division:

i) The Association shall reimburse the Division for all salary and benefit costs.

ii) A teacher who returns to active service with the Division upon completion of such a secondment of no more than two years shall be placed in the same or similar position held by the teacher prior to the secondment unless there is an agreement between the teacher and the Division to do otherwise.

iii) A teacher who returns to active service with the Division after more than two years shall be placed in a position for which he/she has the qualifications and ability to perform the work.

4.04 Maternity/Adoptive/Parental Leave

Leaves for maternity, adoptive or parental purposes shall be in accordance with the Employment Standards Code of the Province of Manitoba.

E.I. Benefit Top-Up

a) 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 Plan with Human Resources Development Canada.  The implementation of this clause is subject to the successful arrangement of a Supplemental Employment Benefits (SEB) Plan with Human Resources Development Canada.

b) In respect of the period of maternity leave, payments made according to the SUB Plan will consist of the following:

i) For the first two weeks, payment equivalent to 90% of her gross salary, and

ii) 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.

c) A teacher taking adoptive or 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 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.

d) In respect of the period of adoptive or parental leave, payment made according
to the SEB Plan will consist of the following:

i) 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%) of gross salary; and 

ii) Up to eight (8) weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety percent (90%) of gross salary.

e) Where any portion of the leave referenced in (a), (b), (c), and (d) above falls during the summer, Christmas Break, Spring Break, or any other period for when the teacher would not be earning salary, that portion of the leave period does not qualify for SEB Plan benefits pursuant to Article 4.40 (a), (b), (c), and (d).

4.05 Personal Leave

Effective the date of signing: 
(a) (i) Two personal leave days  shall be granted at no loss of salary to a full-time teacher (a part time teacher shall be granted such leave equal to their full time equivalency) upon application to the Superintendent in conjunction with the Principal each school year for unstated personal reasons.  Teachers will be allowed to carry over one (1) unused personal leave day to the next school year for an overall maximum of three (3) personal leave days in any school year.
     (ii) Additional personal leave may be granted at the discretion of the Superintendent and shall be at either no charge, or at substitute cost, or at salary per diem deduction.

(b) A teacher who is absent from duties due to inclement weather and related travel conditions may have his/her salary reduced by the daily rate of a substitute teacher's salary for the time period involved provided that:
     (i) The R.C.M.P. or Highways Department have closed the highway(s) to traffic
     (ii) Regular air and ground carriers are unable to travel to The Pas and no alternate arrangements are available to the teacher because of carrier timetables.

4.06 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 subsection (b), the leave shall not exceed twenty (20) teaching days in any school year.

(b)  ( i)  Where the employment of a teacher is continued for more than one (l) year, the unused portion of the sick leave in any year(s) 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 consecutive years

1. In any school year where a teacher has actually taught for the Board and has exhausted all previously accumulated sick leave, the Board, upon request from such teacher, shall advance up to twenty (20) days sick leave less the accumulated entitlement already taken for that school year.

If the employment of such teacher is terminated or the sick leave advanced and used but not subsequently earned by the end of the following school year, it shall be reimbursed to or recovered by the Board at the said teacher’s daily rate of pay in effect at the time the days were advanced.

ii) The provision of twenty (20) sick days in any year shall be pro-rated in the following circumstances:
     
     a) where an employee commences employment at a time other than the commencement of the fall term,

     b) where an employee returns from a leave at a time other than the commencement of the fall term,

     c) where an employee terminates employment during the school year for reasons other than sickness,

     d) where an employee does not work a full school year for reasons other than sickness.

           iii) For purposes of paragraph (b) (iii), pro-rating of the twenty (20) sick days provided in any year shall be calculated as set out below:

                      No. of days of actual teaching service
                             (including paid sick days)
                      _______________________________          X  20
                     Total no. of teaching days in the school year

 

iv) Sick leave accumulation balances shall be rounded to the nearest whole day.

(c) There shall be no accumulation of sick leave credited for periods of "leave of absence" and/or "educational leave".

(d) In the event a teacher is injured during the course of other employment, the amount of sick leave payable shall be reduced by the amount of compensation, salary, or other benefits the teacher is entitled to receive as a result of that employment, provided however that the Division shall only pay an amount necessary to bring the teacher's income to the net level it would have been had he/she provided services to the Division.

(e) For the purposes of determining sick leave under the Collective Agreement the number of days a teacher is on sick leave with pay shall be deducted from that teacher's accumulated sick leave with pay entitlement.

(f) Teachers employed on a part-time basis and who have a contract with the Division shall be granted sick leave with pay pro-rated based on full-time equivalents.

(g) Teachers employed on a Limited Term-General contract pursuant to the provisions of The Public Schools Act shall be entitled to sick leave during the term such contract under the same terms and conditions as teachers regularly employed by the Division but the number of days entitlement shall be in the proportion as the total number of days taught over the number of days in the current school year multiplied by twenty (20).

4.07 Leave for Jury and Witness Duty

An employee covered by this agreement, who is required to perform jury duty or appear as a subpoenaed witness in a court of criminal jurisdiction in a criminal proceeding on a day in which he/she would normally have worked, will be reimbursed by the employer for the difference between the pay received, excluding any expense money, and his or her regular salary.

An employee at the employer's discretion may be required to furnish supporting documents to his or her claim relative to the foregoing.

An employee on jury and witness leave must report for his/her regular assignment at any time he/she is not required to be available for court duty.

4.08 Birthing Leave

Leave shall be granted for two (2) teaching days without loss of pay in the case of a teacher, other than the mother, upon the birth of their child.  Leave shall be granted for the actual occasion of the birth and one (1) further day’s leave of absence with pay. 

It shall be understood that leave of absence with pay shall be provided when the day of birth or the additional days falls on a regular school day.

4.09 Deferred Salary Leave Plan

The Division agrees to administer the Deferred Salary Leave Plan in accordance with the terms and conditions of the Plan.

The Association shall indemnify and save the Division harmless for any loss suffered in respect to any investment or investments of the Deferred Salary Leave Plan Investment Fund, whether direct loss or indirect loss.

4.10 Religious Leave

a) A teacher under contract shall be given leave of absence up to a maximum of three (3) days per school year without loss of pay for major religious holy days observed by the employee and designated as a day of obligation by the teacher’s religion.  Teachers shall not absent themselves from duty for reasons of religious holy days without first notifying the Superintendent or designate.

The following notification period shall apply:

  i) Teachers on staff requiring religious holy leave days during the school year shall provide notice in writing on the prescribed form as soon as possible after the start of the school year, however, not later than September 30;

   ii) In instances where religious holy leave days are required prior to September 30 in the school year, notice shall be given within ten (10) working days after the start of the school year, unless the holy day falls within the first ten (10) days of the school year where the notice shall not be less than five (5) working days;

   iii) Teachers commencing employment at a time later than September 30 and requiring religious holy leave days during the school year shall provide notice in writing on the prescribed form as soon as possible after commencing employment, however not later than thirty (30) days;

   iv) Where the appropriate notice has not been given, religious holy days leave will be provided and the teacher’s regular salary will be deducted the substitute teacher rate in the teacher’s salary classification.

b) The parties agree that this article constitutes reasonable accommodation for religious holy leave.