PINE CREEK TEACHERS' ASSOCIATION

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

Memorandum of Settlement

THIS AGREEMENT made as of the 22nd day of January, 2018 (the “Agreement”)

BETWEEN:

PINE CREEK SCHOOL DIVISION,

(the “Employer”) 

- and - 

PINE CREEK TEACHERS’ ASSOCIATION

OF THE MANITOBA TEACHERS’ SOCIETY,

(the “Association”)

WHEREAS:

  1. The Association filed a grievance on October 27, 2017 grieving the application of the Maternity / Adoptive / Parental Leave provisions of the Collective Agreement (the “Grievance”); and
  2. The Employer and the Association have reached a resolution concerning the Grievance on the terms and conditions as set out herein.

NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereby agree as follows:

  1. Effective January 1, 2018, Article 5:06 (g) of the Collective Agreement shall be deleted and replaced with the revised Article 5:06 (g), as set out in Schedule “A” hereof;
  2. Effective the date of this Agreement, the Grievance will be withdrawn on a with prejudice basis;
  3. The Association agrees not to file any further grievance with respect to the subject matter of this Grievance prior to January 1, 2018; and
  4. Any teacher on leave, as of December 22, 2017, pursuant to Article 5:06, who remains on leave in January of 2018, will be subject to the revised Article 5:06 (g) (Schedule “A”) for the portion of his/her leave remaining as of January 1, 2018.

 

Signed at Gladstone, this 22nd day of January, 2018.

PINE CREEK Teachers’ Association

Per:_______________________________

Signed at Gladstone, this 22nd day of January, 2018.

PINE CREEK School Division

Per:_____________________________

 

Schedule 'A'

5:06 g) Supplementary Employment Benefit (SEB) Plan

After having served a qualifying period of seven (7) consecutive teaching months in the employ of the Division, an eligible teacher taking maternity leave, parental leave or adoptive leave pursuant to this article shall be entitled to receive pay, for a specified period, in the amount of ninety percent (90%) of the gross salary being received at the time leave commenced, this pay to include any benefits received from Human Resources Development Canada to a Supplemental Employment Benefits (SEB) Plan, subject to the

following:

i) The relevant provisions of the Employment Insurance Act and Regulations.

ii) The eligible leave period commences on the start date of the waiting period for benefits from Human Resources Development Canada.

iii) Payment made in accordance with the SEB Plan will consist of:

  1. Effective January 1, 2018 a teacher 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 (gross salary means 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.
  2.  Effective January 1, 2018 the Division shall pay a teacher on Maternity Leave and/or Parental/Adoptive Leave:

(1) if the teacher’s one (1) week or five (5) day waiting period falls entirely on teaching days, ninety percent (90%) of the teacher’s gross salary plus up to eighty (80) 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; 

(2) if the teacher’s one (1) week or five (5) 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.

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 benefits 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 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 maternity leave benefits.

C. 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.