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 (b) below, the leave shall not be less than twenty (20) days in any given year. A teacher must first work a day within the current school year to receive sick leave as per Article 5.01(b).
b) Effective September 2008, where the employment of a teacher is continued for more than one (1) year the unused portion of the sick leave in any year shall be carried forward and accumulated from year to year to a maximum of:
40 days in the second year
60 days in the third year
80 days in the fourth year
100 days in the fifth year
120 days in the sixth year
122 days in the seventh year (Effective Date of Signing: 130 days in the seventh year)
c) In any school year where a teacher returns from leave and has no sick leave, the Division shall advance up to twenty (20) days sick leave. If said teacher thereafter terminate employment, any sick leave advanced and used but not subsequently accumulated as an entitlement in accordance with 5.01 (a) shall be reimbursed to the Division. This leave is not to be used as a bridge to Article 4.03 MTS Disability Plan nor Article 4.04 Short Term Disability Benefit Plan.
d) A part time teacher is entitled to a pro-rata share of twenty (20) days sick leave per year and the principal of accumulation, and the total to be accumulated, applies as to full-time teachers.
e) Sick leave shall not continue to accrue while on any leave of absence without pay.
In the event of death or serious illness a teacher shall be allowed the following bereavement leave plus additional time at the discretion of the Board:
a) for immediate family (spouse/common-law partner, child, parents of the teacher or spouse) = five (5) days.
b) for brother, sister, grandparents, grandchildren, brother and sister-in-laws, dependent or person in the care of the teacher - three (3) days
c) for aunt and uncle of the teacher – one (1) day.
Upon request each teacher shall be allowed compassionate leave without loss of salary of up to one day to attend a funeral to act as a pallbearer.
The Division recognizes that situations may arise where additional leave of absence may be required for other relatives and close friends. In such cases the Division will consider the request of the teacher on application of the teacher in writing.
Each teacher shall be entitled to use up to five (5) days of sick leave per school year to attend to the illness, injury or medical appointments of his or her immediate family including the spouse, children, or parents of the teacher or spouse. 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 provision of this article concurrently.
Every effort shall be made to schedule medical appointments outside of school hours.
A teacher shall be entitled to two (2) days personal leave of absence within each school year subject to approval of the principal. Both days shall be with no deduction in salary. Such leave must be requested at least two (2) teaching days in advance of the projected date of absence. In cases of emergency, however, the teacher may request that the two (2) day notice be waived through approval of the Superintendent.
Personal Leave will be taken as a full teaching day regardless of FTE (full time equivalent percentage) that a teacher is assigned. For example, a teacher who works .75 FTE is entitled to two days of personal leave worth .75 each day.
(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.
a) Upon the birth of their child, the teacher of such child shall be allowed up to two (2) days of leave. The first day will be at no loss of salary to the teacher. For the second day, the teacher will be deducted the substitute rate. If the teacher takes two days they must be taken on consecutive teaching days. This leave does not apply to a teacher eligible for Maternity Leave.
b) Upon the adoption of their child, the teacher shall be allowed up to two (2) days of leave. The first day will be at no loss of salary to the teacher. For the second day, the teacher will be deducted the substitute rate. If the teacher takes two days they must be taken on consecutive teaching days.
A teacher will be allowed leave of absence without loss of pay when subpoenaed to appear as a witness in Court, or when selected as juror in a court case. Any remuneration awarded by the court, excluding food, lodging and transportation will be paid by the teacher to the Division, up to a maximum of the salary involved for the period in question.
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 of to act as a representative or delegate of the Society in a matter of Society business requiring absence from the school, shall have the right to attend such meeting or to act as such representative or delegate and shall be excused from school duties for either purpose or both purposes on not more than a total of seven (7) teaching days in any school year, provided that a substitute is assumed by the Society and shall not be a charge upon the Division concerned except that the President of the local M.T.S. branch may be granted up to an additional five (5) days of such leave. Any additional leave shall require the consent and approval of the Board.
RE: Association Release Time
The Association shall, upon giving notice on or before April 30th, be entitled up to the equivalent of one half time (1/2) release position as determined by the Association to attend to Association business for the following school year.
There shall be no loss of benefits and the Association shall reimburse the Division for each release time member’s salary, allowance where applicable, benefits and other costs related to each release time member’s secondment.
On or before April 30th in the year of the secondment each release time member shall advise the C.E.O./Superintendent of Schools in writing of the member’s intention to return at the commencement of the next school year.
A member employed by the Division who is elected to a release time position shall at the termination of the member’s secondment return to the same position the member held prior to the leave or to a comparable position.
Teachers may be granted a leave without pay upon application to the Division.
Such leave shall not constitute a break in tenure or loss of accumulated sick leave; but shall not count in calculating experience for increment purposes. Application for said leave to be submitted to the Division by April 1. The applicant must notify the Division of intention to return not later than March 31 of the calendar year in which return is intended. Upon return, said teacher will be assigned by the Division to a teaching position.
In all other cases of absence from teaching duties, for one or more days, other than leave granted under Articles 5.01, 5.02, 5.03, 5.04, 5.05, 5.06, 5.07, 5.08, and 5.09 permission of the C.E.O./Superintendent must be obtained. The teacher shall be informed whether such leave shall be granted:
(a) with no deduction from the teacher's salary, or
(b) with the cost of the substitute teacher, where provided, deducted from the teacher's salary, or
(c) with a daily deduction of the teacher’s per diem salary. Where the C.E.O./Superintendent refuses permission, he/she shall set out in writing such reasons for such refusal. The teacher shall have the right to appeal the refusal to the Park West School Division Board. Further, the refusal shall be subject to arbitration, pursuant to Article 10 of this collective agreement. The function of the Arbitration Board shall be to determine whether the reasons for the refusal are reasonable.