(a) Every female employee covered by the Collective Agreement shall be entitled to Maternity Leave in accordance with the Employment Standards Code of the Province of Manitoba. Every employee covered by the collective agreement shall be entitled to Parental Leave or Adoptive Leave in accordance with the Employment Standards Code of the Province of Manitoba.
i. A teacher who qualifies for Employment Insurance benefits, 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 entitlement to receive pay for the period of leave up to seventeen (17) weeks 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 Unemployment Benefits Plan with Human Resource Development Canada.
ii. In respect of the period of maternity leave, payments made according to the SEB Plan will consist of the following:
a. For the first two weeks, payment equivalent to 90% of her gross salary, and
b. 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.
iii. A teacher, who qualifies for Employment Insurance benefits, taking Adoptive Leave or Parental Leave pursuant to this article shall be entitled to receive pay for the period 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.
iv. 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.
Top-Up Benefits
(Note the following replaces existing (a)i, (a)ii, (a)iii, (a)iv effective July 1, 2015)
(a) i. Effective July 1st, 2015, a teacher (who qualifies for Employment Insurance benefits) 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 subsequently 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.
(a) ii. Effective July 1st, 2015, the Division shall pay a teacher (who qualifies for Employment Insurance benefits) on Maternity Leave and/or Parental/Adoptive 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 Leave 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/Adoptive 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 Parental/Adoptive Leave and continues to receive employment insurance benefits.
(a) iii. For greater certainty, a teacher who is receiving employment insurance benefits shall be entitled to:
1) One hundred and thirty-five (135) teaching days of pay and/or top-up if the teacher takes both Maternity Leave and Parental/Adoptive 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 benefits if the teacher only takes Parental/Adoptive Leave;
unless the teacher takes a shorter period of Maternity Leave and/or Parental/Adoptive 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 the Maternity Leave benefits.
(a) iv. 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.
(b) To request leave, the employee shall make written application to the Division not later than four weeks before the leave is to commence. In the case of adoptive leave the employee shall give as much notice as reasonable possible provided the Division has been kept up to date of the progress of adoption proceedings. Before returning from leave, the teacher must provide the Division with four (4) weeks’ notice to their return date.
(c) The conditions of maternity leave shall be determined to the mutual satisfaction of the employee and the Division.
(d) Following the mutual agreement by the employee and the Division on the conditions of the parenting leave to be taken, the Division will provide the teacher with a written memorandum of the agreement, including the statement that, at the termination of the leave, the employee will be reinstated in the position occupied by her/him at the time such leave commenced or in a comparable position with not less than the same wages and benefits.
(e) Where no agreement is reached between the employee and the Division pursuant to (d), then the employee concerned shall be granted leave according to provisions in current legislation.
(f) For purposes of all benefits, parenting leave shall not constitute a break in employment.
(g) Nothing in the foregoing shall reduce the rights of the employee with respect to leave which is provided in current legislation.