The Employer may grant any teacher who so requests a one year leave of absence without pay for reasons acceptable to the Employer.
A teacher who is on such leave shall be considered to be still on staff and such leave shall not constitute a break in employment. The teacher may continue to pay his/her share of the pension plan and other premiums for benefits, if he/she so desires.
Any teacher returning to staff after a leave of absence shall not be guaranteed the same position held prior to the leave of absence and must be prepared to accept any placement on staff for which he/she is qualified.
Should the teacher decide not to return, the teacher must give the Employer notice as of April 30th of the year of the leave. No increment shall be earned for a leave of absence.
8.02 a) A teacher shall have sick/medical leave credits at the rate of twenty (20) days per year to a maximum of two hundred eight (208) days.
A teacher may use sick/medical leave days for his/her own self or his/her family (spouse, child, parent, brother, sister), for recuperation and convalescence, medical/ dental/ health appointments, and other reasons pertaining to health.
8.02 b) A teacher/teacher's estate shall be entitled upon death or retirement to receive a lump sum payment representing 50% of the unused accumulated sick/medical leave credits to a maximum of two hundred eight (208) days and based upon the teacher's latest salary rate in effect. A teacher shall be entitled to receive payment if he/she attained age 55 and retires.
8.02 c) Any extension of this sick/medical leave shall be at the sole discretion of the Employer.
At the discretion of the Employer, unless otherwise dispensed with by the Employer, a medical certificate from a duly qualified medical practitioner certifying that the teacher was sick during the period of absence shall be required after absences of three consecutive sick days.
8.02 d) An annual summary of accumulated sick/medical days shall be provided by the Employer to the Association on behalf of its members at the beginning of each calendar year.
8.02 e) If an employee sustains an injury or injuries in the course of his/her employment duties, which causes the employee to be absent from work, then the days lost shall not be considered part of the employee’s sick days total and shall not be deducted from his/her sick day total.
A teacher shall be granted a minimum of two (2) days leave with pay per school year.
Every teacher shall be entitled to maternity and parental leave. Except as otherwise provided herein, the provisions of Manitoba Employment Standards Code shall apply. The teacher and the Employer may mutually agree to extend the length of the leave if the teacher so desires. Any such arrangements shall be confirmed in writing by the Employer.
8.04 a) 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-five (95%) of the salary being received at the time leave was taken, this pay to include any benefits received from Employment Insurance pursuant to a Supplementary Unemployment Benefits Plan. The implementation of this clause is subject to the successful arrangement of a Supplementary Unemployment Benefits Plan with Human Resources Development Canada.
8.04 b) In respect of the period of maternity leave, payments made according to the Supplementary Unemployment Benefits Plan shall consist of the following:
i) For the first two weeks, payment is equivalent to ninety-five (95%) percent of her gross salary, and
ii) Up to fifteen (15) additional weeks payment equivalent to the difference between the Unemployment Insurance benefits the employee is eligible to receive and ninety-five (95%) percent of her gross salary.
8.04 c) A teacher taking parental leave pursuant to this article shall be entitled to receive pay for the period of leave up to ten (10) weeks in the amount of 95% of the salary being received at the time the leave was taken, this pay to include any benefits received from Unemployment Insurance pursuant to Supplementary Unemployment Benefits Plan. The implementation of this clause is subject to the successful arrangement of a Supplementary Unemployment Insurance Benefits Plan with Human Resources Development Canada.
8.04 d) In respect of the period of parental leave, payments made according to the Supplementary Unemployment Benefits Plan shall consist of the following:
i) Where the female parent is taking the leave,
Up to ten (10) weeks payment equivalent to the difference between the Unemployment Insurance benefits the employee is eligible to receive and ninety-five (95%) percent of her gross salary.
ii) Where the male parent is taking leave,
For the first two (2) weeks, payment equivalent to the difference between the Unemployment Insurance benefits the employee is eligible to receive and ninety-five (95%) percent of his gross salary.
8.04 e) i) A teacher is expected to remain in the employ of the Employer for a total of eighteen (18) months after her return to work, or be indebted to the Employer for the full amount of the maternity and parental allowance she has received.
8.04 e) ii) Should the teacher fail to return to work, for reasons other than death, lay-off, termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in 8.04 e) i), or having become disabled; she shall be indebted to the Employer for the full amount of the maternity and parental allowance she has received.
Each teacher shall be allowed bereavement and compassionate leave according to the following terms:
8.05 a) In the event of the death or serious illness (as diagnosed by a medical doctor and confirmed to the Employer by way of medical certificate if so requested) of a teacher's spouse, child, parent, brother, sister, grandparent, grandchild, step parent, step child, mother-in law, and father-in-law; or a teacher's spouse’s child, parent, brother, sister, grandparent, grandchild, step parent, step child, mother- in-law, and father-in-law, at five (5) days on each occasion.
8.05 b) In the event of the death or serious illness (as diagnosed by a medical doctor and confirmed to the Employer by way of medical certificate if so requested) of a teacher's spouse, child, parent, brother, sister, grandparent, grandchild, step parent, step child, mother-in law, and father-in-law; or a teacher's spouse’s child, parent, brother, sister, grandparent, grandchild, step parent, step child, mother- in-law, and father-in-law, at five (5) days on each occasion.
8.05 c) In the event of the death of a teacher's aunt, uncle, niece, nephew, brother-in-law, sister-in-law or the teacher’s spouse’s aunt, uncle, niece, nephew, brother-in-law, sister-in-law, the day of the funeral.
8.05 d) An additional day shall be given when travelling time is required.
8.05 e) The Employer may grant additional leave, with or without pay, for the above or other related causes at its discretion.
Definitions: "Family member" is defined as the teacher's spouse (includes both married and unmarried couples, of the same sex or the opposite sex), parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse, the spouse of the employee's child, a brother or sister of the employee or a relative of the employee who is dependent on the employee for care or assistance.
"Urgent matter" - an event that is unplanned or out of the employee's control, and raises the possibility of serious negative consequences, including emotional harm, if not responded to.
8.06 a) A teacher may request up to a maximum of five (5) days of their accrued sick time per fiscal year be designated as personal emergency leave for urgent matters of the teacher or a teacher's family member.
8.0.6 b) A teacher who wishes to take personal emergency leave shall advise the Employer in advance wherever possible that he or she shall be doing so. If, due to the nature of the circumstances giving rise to the leave, it is necessary for the teacher to begin the leave before advising the Employer, the teacher shall advise the Employer of the leave as soon as possible after beginning it.
8.06 c) The Employer may require a teacher who takes personal emergency leave to provide evidence reasonable in the circumstances that the teacher is entitled to the leave.
8.06 d) A request for personal emergency leave shall be denied if the requested day is adjacent to a holiday or vacation day. The Employer reserves the right to deviate from this provision if the circumstances surrounding the request warrant special consideration.
8.06 e) Personal emergency leave shall not be divided into less than one-half (1/2) day units.
Leave for the purpose of writing University or College examinations shall be granted for one day on the day the examination is to take place, without loss of salary. Failure to write exams on the day requested for leave shall result in a deduction of salary at the daily rate for the full day. Additional leave may be granted with or without salary at the discretion of the Employer.
8.08 a) A teacher, being a member of the Association Executive or a member of the Executive Committee of The Manitoba Teachers' Society and being authorized by the Executive Committee of the Society to attend a meeting of the committee of which he/she is a member or to act as a representative or delegate of the Society in a matter of Society business requiring absence from school, shall be excused from teaching duties for either purpose or both purposes for not more than a total of five (5) teaching days per school year, provided that a substitute satisfactory to the Employer can be secured. The maximum total leave for executive duties shall not exceed twenty-five (25) days in any school year.
8.08 b) Additional leave of absence of up to five (5) teaching days in the school year shall be granted to members of the negotiating committee of the Association to attend negotiations, conciliation or arbitration meetings, provided that a substitute satisfactory to the Employer can be secured. Absence from teaching duties to attend negotiations, conciliation, or arbitration meetings shall not be deducted from the twenty-five (25) days maximum.
8.08 c) The cost of providing the substitute teacher shall be assumed by the Society and shall not be a charge upon the Employer.
8.08 d) If additional days during a school year are required for the purposes mentioned above, consent and approval of the Employer must first be obtained.
8.08 e) Wherever possible, the teacher shall notify the principal, at least ten (10) working days prior to taking such leave.
A teacher called upon to serve as a juror or witness shall, upon presentation of a subpoena or summons to the employer, be granted leave without any deduction in salary. Any monies received from the courts (other than for food, travel or lodging) shall be assigned to the Employer.