LAKESHORE TEACHERS' ASSOCIATION

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

ARTICLE 6 – LEAVES OF ABSENCE

6.01 Bereavement/Compassionate Leave

(a) Each teacher in the Division shall be granted bereavement leave without loss of salary, to a maximum of five (5) days in the case of death of the teacher’s father, mother, spouse, husband, son or daughter.

(b) Each teacher in the Division shall be granted bereavement leave without loss of salary, provided the Superintendent is notified prior to the leave, to a maximum of four (4) days in the case of death of the teacher’s brother, sister, parents-in-law, natural grandparents, grandchildren and fiancé(e).  In each case a maximum of four (4) days leave shall be granted.

(c) Each teacher in the Division shall be granted bereavement leave without loss of salary, to a maximum of one (1) day in the case of death of the teacher’s sister-in-law, brother-in-law, grandparent-in-law, aunt, or uncle.

(d) Each teacher in the Division shall be granted two (2) days compassionate leave without loss of salary, provided the Superintendent is notified prior to the leave, in the case of a life-threatening illness of the teacher’s father, mother, son, daughter, brother, sister, spouse, parents-in-law, natural grandparents, grandchildren and fiancé(e).

Leave with or without salary for compassionate reasons not covered above may be granted at the discretion of the Board.

6.02 Leave for Manitoba Teachers' Society Purposes

(a) A teacher who is a member of the Manitoba Teachers' Society Executive Committee, or any of the Society's authorized committees, or is an authorized representative or delegate of the Society, and who is authorized to attend a meeting of the committee(s) or to act as a representative, or delegate may be allowed at the discretion of the Board, without loss of salary, a leave of absence to a maximum of five (5) teaching days in any one school year, provided that the Board is notified prior to the leave and the Division is reimbursed for the cost of providing a substitute teacher. A maximum of 40 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 40 days in a school year may be taken for the purposes mentioned above except with the consent and approval of the Board.

Effective Fall Term 2016:
(b)        President’s Release Time

i) Each school year, the Division shall provide release time of up to thirty (30%) percent to the President of the Association.
ii) The Association agrees to reimburse the Division with the replacement teacher’s cost and for any increased administrative allowances incurred during the leave taken by the President of the Association.
iii) Lakeshore 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.

6.03 Examination Leave

On request, the teachers on staff shall be allowed a maximum of one day leave without loss of salary, for the writing of each university examination or other final assessment that falls on a school day, provided the examination or other final assessment is for a course leading to a higher classification on the basic schedule of the agreement or for a course that will permit a teacher to broaden his/her teaching experience.

6.04 Parenting Leaves

(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) Except as otherwise provided herein the Manitoba Employment Standards Code will apply.

(c) 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.

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

(e) In respect of the period of maternity leave, payments made according to the SUB 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.

(f) 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 leave was taken, this pay to include any benefits received from Human Resources Development Canada to a Supplemental Unemployment Benefits (SUB) Plan. The implementation of this clause is subject to the successful arrangement of a Supplemental Unemployment Benefits Plan with Human Resources Development Canada.

(g) In respect of the period of adoptive/parental leave, payments made according to the SUB Plan will consist of the following:
 1. For the first two weeks, payment equivalent to 90% of gross salary, and
 2. Up to eight (8) additional weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and 90% of gross salary.

6.05 Paternity Leave

A teacher shall be granted two (2) days leave without loss of salary on the birth of his son or daughter if:

a) the birth occurs during the time school is in session, or if

b) the birth occurs on the last day of Christmas, spring, or summer break.

A teacher shall be granted one (1) day leave without loss of salary on the birth of his son or daughter if the birth occurs on the second last day of Christmas, spring or summer break.

6.06 Adoptive Leave

A teacher shall be granted two (2) days leave without loss of salary on the adoption of a child if:

a) the adoption occurs during the time school is in session, or if

b) the adoption occurs on the last day of Christmas, spring, or summer break.

A teacher shall be granted one (1) day leave without loss of salary on the adoption of a child if the adoption occurs on the second last day of Christmas, spring, or summer break.

6.07 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) Where the employment of a teacher is continued for more than one (1) 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;
  124 teaching days in the sixth year;

Effective Fall Term 2015: 126 days in the seventh and subsequent years;
Effective Fall Term 2016: 128 days in the seventh and subsequent years;
Effective Fall Term 2017: 130 days in the seventh and subsequent years.

(c) The teachers covered by this collective agreement agree to have their portion of the Reduced Premiums realized from the Employment Insurance Commission as the result of this extended sick leave coverage paid to the Lakeshore Teachers' Association during each January for the preceding year to be used for educational purposes.

(d) Teachers may be required, after three (3) consecutive days, to provide a medical note while away on sick leave. For extended sick leave, teachers may be required to provide medical updates to the employer on a regular basis to the Superintendent’s Department. All medical information will be safeguarded and kept confidential.

Upon returning to work after an extended sick leave, teachers shall be required to provide medical clearance to the Division which demonstrates their ability to return to their duties.

(e) Family Medical Leave

Effective date of signing:
Each teacher shall be entitled to use up to five (5) days of his/her sick leave per school year to attend to the serious illness or injury or medical appointments of an emergent nature of that teacher's spouse, pre-school age or school age children, or parents.  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 paragraph concurrently.

6.08 Leave for Jury and Witness Duty

A teacher who is subpoenaed for jury or witness duty by a court of law will be reimbursed for any loss of pay in excess of the stipends received from the court. This shall be done when the teacher provides evidence to show the number of days involved and the amount of money received for the court duty.

6.09 Personal Leave

Effective Fall Term 2011:

a) With reasonable notice to the Superintendent, two days of personal leave with no loss of salary per school year shall be granted by the Superintendent.  Where notice for leave is less than 3 days prior to the day leave is requested, such leave shall be granted at the sole discretion of the Superintendent..

b) Teachers shall not be granted personal leave on any in-service day, parent-teacher administration day, and pupil evaluation day set aside by the Division or school for pupil evaluation in which the teacher is involved, nor shall personal leave be granted to extend the Spring, Summer, or Christmas breaks.  However, no more than two (2) teachers in schools with more than 6 teachers, and no more than one (1) teacher in a school with less than 6 teachers shall be granted personal leave on any one day.

c) Teachers will be allowed to carry over one day personal leave to the next school year. However in no case will a teacher be allowed a total maximum accumulation greater than three days of personal leave in any school year.  Personal leave shall not be taken on consecutive work days.

6.10 Special Leave

The Division and the Association support in principle the concept that staff can benefit from exploring new learning experiences through a wide variety of opportunities. The Division and the Association recognize the need for the public school system to provide teaching opportunities for new teachers entering the profession.

1. Special leaves of absence may be granted by the school division to those Lakeshore School Division professional teaching staff who have the equivalent of ten (10) years of service with the Division.

2. Special Leaves of Absence may be for a full year or less.

3. No teacher shall be eligible for more than the equivalent of one year of Special Leave in any ten (10) year period of employment with the Lakeshore School Division.

4. The maximum number of teachers on Special Leave in any given school year shall not exceed the full-time equivalent of three (3) teachers.

5. A teacher granted a Special Leave of Absence shall be guaranteed his/her previous position in the same school. In the event that the position has become redundant because of course cancellation and/or a reduction in enrollment, the teacher shall be guaranteed a similar position.

6. A Special Leave of Absence shall not count as experience for increment purposes.

7. A Special Leave of Absence being granted will be conditional upon the availability of a replacement first or second year teacher suitable to the Board. The replacement teacher will sign a Form 2A Term Contract.

8. (a) Income paid to a teacher during a whole year of Special Leave of Absence will be:

   $23,978.66, effective the first (1st.) day of fall term, 2014; less prepaid premiums;
   $24,458.23, effective the first (1st.) day of fall term, 2015; less prepaid premiums;     
   $24,947.40, effective the first (1st.) day of fall term, 2016; less prepaid premiums;
   $25,321.61, effective the first (1st.) day of fall term, 2017; less prepaid premiums;
   $25,701.43 effective January 1st, 2018; less prepaid premiums.

(b) Income paid to a teacher who takes less than a whole year leave shall be the total number of school days for which leave is granted divided by the number of days in the current school year as prescribed by the Minister of Education and Training multiplied by the annual Special Leave income, less prepaid premiums.

(c) Income as determined in (a) and (b) shall be paid in equal installments in accordance with the pay periods in effect during the leave.

9. Income for the year of Special Leave of Absence shall be prorated to the contract time of the teacher at the time the Leave is requested:

e.g.  A full-time teacher will receive 100% of salary as outlined.

        A half-time teacher will receive 50% of salary as outlined.

10. This Special Leave of Absence cannot be taken concurrently with any other Leave program.

11. Teachers wishing to begin a Special Leave of Absence, in any school year must apply in writing to the Superintendent on or before March 31 st of the preceding school year.

12. Upon receipt of the application for Special Leave of Absence by the Superintendent, the Superintendent will then convene a committee consisting of the Superintendent, one Board member and the Association President, that will review applications for the Leave, and make subsequent recommendations to the Board for final approval.

6.11 Participation in Group Plans During Leave of Absence

Teachers who have been granted a Leave of Absence and are eligible to continue to participate, during their absence, in group payroll deduction benefit plans, may request in writing that the Division make premium payments under such plans. The teacher wishing to commence a Leave of Absence shall prepay to the Division a sum of money equal to the total premium for the period of the Leave of Absence. The Division shall thereupon make payment(s) under the plan(s) on behalf of the teacher during such Leave of Absence. In the event of a rate change in any of the plans during the duration of the Leave, the Division shall inform the teacher of the additional sums of money necessitated by the change. Failure on the part of the teacher to forward such sums necessitated by the change in rate shall be deemed to be notice that said teacher no longer wishes continuation of premium payments, and the Division shall give notice to the teacher of such discontinuation and forward to that teacher any residual monies to which the teacher may be entitled.