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 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. 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.
F. 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 (2) weeks, payment equivalent to 90% percent of her gross salary, and
2. Up to fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefit the teacher 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 HRDC and 90% of his/her salary. The ten weeks includes any waiting period required for employment insurance benefits.
H. The parties agree to the following application rules, terms and conditions:
1. The maternity leave period which is eligible for payment under this Article is the first seventeen (17) weeks (the two (2) week waiting period and the next immediate fifteen (15) weeks).
2. Where any portion of the seventeen (17) weeks referenced in (1) above falls during the Summer Break, Winter Break, Spring Break, or any other period when the teacher is not earning her salary, that portion of the maternity leave period does not qualify the teacher to receive maternity leave top up benefits.
3. A specific application or registration for a Supplemental Unemployment Benefits Plan is not required. The only requirement from Human Resources Development Canada is that the comments section of the Record of Employment confirming that Section 38 of the Employment Insurance Regulations are met.
4. Teachers must be under contract to the Division during the period when maternity leave top up benefits may be paid by the Division in order to be eligible to receive those payments.
5. The qualifying period of seven teaching months must be seven consecutive teaching months in the employ of the Louis Riel School Division, as per the Manitoba Employment Standards Code. The full seven (7) months qualifying period must be served in order to qualify for any maternity leave payment. For greater certainty, should a teacher fail to serve the full qualifying period prior to the start of the maternity leave, then that teacher shall be eligible to receive maternity leave top up benefits only for that portion of the seventeen (17) weeks referenced in (1) above which occurs after the completion of the seven (7) month qualifying period.
6. The Division requires, from each of the teachers on maternity leave, a copy of the Statement of Finalized Employment Insurance Benefits in order to accurately calculate her entitlement. This is a document which the teacher should have received (or will receive) from Employment Insurance four to six weeks from the date that she applied for Employment Insurance Benefits. Should payments to teachers be required prior to receipt of the Statement, an estimate of the correct entitlement will be made with an adjustment made following receipt of the Statement.