A. Teachers who have been employed for four (4) or more years on their present Form 2 and/or Teacher General contract and who meet the following operational guidelines shall be granted, upon written request, a one (1) year leave of absence without pay. If in the opinion of the Division, the absence of that teacher would adversely affect the quality of education in the Division, the leave may be deferred. Deferrals shall not be for longer than one (1) year except in exceptional circumstances. For purposes of this article, “guaranteed return” means: teachers upon return shall be placed in a position appropriate to their qualifications and as close as possible to the one which they had at the time the leave was granted. The concept of “guaranteed return” does not abrogate any of the provisions of termination of contract or lay-off which apply to teachers.
B. Operational Guidelines:
1. Applications shall be submitted to the Superintendent of Schools by April 1st if the leave is to commence on September 1st of the same year.
2. The purpose of the leave must be stated by the applicant. Gainful employment during the leave is not acceptable.
3. During leaves of more than one (1) year, accumulation of sick leave and other fringe benefits are only available to teachers participating in out-of-the-country or exchange teaching as approved by the Board.
4. Teaching experience gained during such leave shall be recognized on the same basis as other experience gained outside the Division.
5. Teachers whose applications are approved will receive a leave with a “guaranteed return” as defined above.
6. Teachers will sign a memorandum covering the details of their leave and the memorandum will specify that teachers on leave of absence without pay will be deemed to have tendered their resignation if they do not give five (5) months notice in writing of their intention to return and/or do not return by the date specified.
7. A teacher is entitled to no more than three (3) leaves of absence without pay during employment in the Division. Additional leave may be granted at the discretion of the Board. For the purpose of this clause “employment in the Division” shall be deemed to mean that employment with the Louis Riel School Division will commence the beginning of the 2004/2005 school year.
8. The Division reserves the right to limit the number of teachers on leave of absence without pay to three percent (3%) of the number of teachers on staff.
9. A leave may be on a full or part-time basis provided such leave is taken for a full school year.
10. In exceptional circumstances, and when mutually agreed upon by the Division and the teacher, a leave for less than a school year may be granted.