SOUTHWEST HORIZON TEACHERS' ASSOCIATION

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

Article 7 - Leave

7.01 - Sick Leave

a.  When a teacher is absent from work because of sickness, he/she shall be entitled to sick leave during such absence and to be paid his/her salary during this leave. Subject to subsection b) of this article, the leave shall not exceed twenty (20) teaching days in any school year.

b. Where the employment of a teacher is continued for more than one (1) year, the unused portion of the sick leave in any year(s) shall be carried forward and accumulated from year to year to a maximum of one hundred and thirty (130).

c. i) When a Teacher suffers an on-the-job-injury, and is not covered by Workers’ Compensation Board benefits, while working under proper supervision, and for which the Division is responsible for the accident, that Teacher will be charged at a 50% rate against his/her accumulated sick leave.

   ii) An on-the-job injury will be physical in nature and will not include disease, stress or mental illness.

   iii) When a Teacher suffers an on-the-job injury any out-of-pocket expenses incurred by that Teacher will be paid by the board to a maximum of one thousand dollars ($1,000.00). Out-of-pocket expenses are those which not covered by any medical or insurance plans and are a result of the injury and are prescribed by a Health Care Professional as part of the prescribed treatment.

 d. Teachers shall make every effort to schedule appointments outside of school hours. When medical appointments cannot be made outside of school hours, every effort shall be made to schedule the appointment to minimize the time away from the school, in such case medical leave shall be granted. Minimizing the time away from school shall mean teachers shall only take the time needed for the appointment and time needed to travel to and from the appointment.  Such leave shall be counted against the employee’s accumulated sick leave.

7.02 — Family Medical Leave

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. 

Every effort shall be made to schedule medical appointments outside of school hours.

7.03 - Compassionate Leave

Three days compassionate leave in case of death or serious illness shall be allowed without salary deduction; further such leave could be granted, at the discretion of the Superintendent, without loss of salary.

7.04 - Personal Leave

a. A total of up to two (2) days personal leave per school year without loss of pay shall be granted by the Superintendent. It shall not be used to extend the end of summer vacation.

b.  Further extensions of this leave over and above any entitlement in this article may be granted on application by the teacher to the Board. The Board shall have the final decision in extending or rejecting further leave over and above any entitlement in this article.

c.  This leave shall be cumulative to a maximum of three days per school year subject to the following conditions:

  i. the above restrictions on extending vacations shall apply;

  ii. the teacher shall use the day deferred from the previous year before using the personal leave entitlement accruing to him/her in the current calendar year.

  iii. personal leave entitlement shall not be deferred beyond the year immediately subsequent to the year in which the entitlement was accrued; and

  iv. extensions granted by the Board over and above any entitlement in this article as provided for in (b) above shall not be accumulated nor deferred to subsequent years.

d. This leave shall not be used on scheduled in-service, professional development or parent teacher days unless the Superintendent has expressly given consent.

 

7.05 — Executive/President Leave

a. A teacher, being a member of The Manitoba Teachers’ Society Executive Committee, or of the Executive Committee of any branch thereof, or 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 which he/she is a member, or acting as a representative or delegate, shall be excused from school duties for either purpose or both purposes, for not more than a total of five (5) teaching days in any one school year, provided, that a substitute satisfactory to the Division can be secured and that the cost of providing such a substitute to the Division is assumed by the Society.  A maximum of thirty (30) days in total may be taken for the purpose mentioned above during any school year by members of the Association. No additional leave of absence beyond the thirty (30) days in a school year shall be taken for the purposes mentioned above except with the consent and approval of the Division.  In all cases, the teacher shall notify the Division five (5) teaching days prior to taking such leave.

b. Any teacher filling in the position of President of Provincial MTS shall be given a two (2) year leave of absence with a guarantee of employment at the end of his/her term.

c.   Any teacher who is elected to The Manitoba Teachers’ Society Executive shall be entitled up to an additional twenty (20)   days of release time per year or agreeable number of days to be confirmed no later than June 1st with the Superintendent and Principal of the school The Manitoba Teacher’s Society shall reimburse the Division for the full cost of the Teacher’s salary and fringe benefits while on release time.

d.   In addition to the above, both parties mutually recognize and agree that the President of the Association be entitled up to 20 days of release time per year to attend to Association business or agreeable number of days to be confirmed no later than June 1st with the Superintendent and Principal of the school. The Association shall reimburse the Division for the full cost of the President’s salary and fringe benefits while on release time.

7.06 - Sabbatical Leave

a. Any teacher having completed five (5) years of continuous service shall be entitled to apply for sabbatical leave for a term of one year, for the purpose of improving his or her academic and/or professional educations. After having completed seven years of continuous service, he or she shall be entitled to apply for sabbatical leave for study purposes.

b. Applications for sabbatical leave shall be filed with the Division not later than February 1st in the school year immediately prior to that for which leave is to be taken.

c. A teacher on sabbatical leave shall receive an amount of salary mutually agreed upon up to but not exceeding 50% of his/her salary after five (5) years of continuous service, and 70% of his/her salary after seven (7) years of continuous service, of the salary for the year in which he/she applies for sabbatical leave.

d. The number of teachers granted sabbatical leave in any one school year shall not be more than one teacher employed by the Division.

e. Sabbatical leave shall not affect the cumulative sick leave allowance of the teacher concerned. No further sick leave shall be accumulated during the period of the sabbatical leave.

f. Applications for sabbatical leave will be reviewed by an evaluation committee consisting of:

   i. two teachers, appointed by the local Manitoba Teachers’ Society Council,
   ii. two trustees, appointed by the Southwest Horizon School Division Board, 
   iii. Superintendent, as chairperson.

After a thorough review of the applications, the evaluating committee will make recommendations to the Southwest Horizon School Division Board.

g. Applications, including plans for the sabbatical leave, shall be in the hands of the Superintendent on February 1st.

The Evaluation Committee shall make recommendations to the Southwest Horizon School Division Board by March 1st.

The Southwest Horizon School Division Board shall make a decision and inform the applicants by April 1st.

h. Other terms and conditions of the leave in respect to future service commitments or repayment in lieu of default of future service commitment, and terms deemed necessary will be negotiated and incorporated in the individual contract made with the candidate at the time of granting said leave.

7.07 - Jury Duty

A teacher who is summoned for jury duty, to perform duties on a Government Board or Commission, or subpoenaed to appear in court proceedings other than a court proceeding caused by the teacher’s private affairs, shall be granted a leave of absence with pay for the required period of absence. The teacher shall make him/herself available for duty at his/her school during regular school hours when not required at court. Remuneration awarded by the Court (less transportation, meals and lodging allowance) shall be deducted from the teacher’s gross monthly pay.

The intent of “private affairs” shall include such as:

a. particular civil suits,
b. violations of the Highways Traffic Act where found guilty,
c. violations of the Criminal Code where found guilty.

7.08 — Maternity/Paternity/Adoptive Leave

Effective date of signing:

a.  Every female teacher shall be entitled to maternity leave and every teacher shall be entitled to parental and adoptive leave in accordance with this article.

b.  Every teacher shall be entitled to unpaid parental and adoptive leave.

c. Except as otherwise provided therein the Manitoba Employment Standards Code will apply.

d.  The teacher and the Division may mutually agree to extend the length of leave if the teacher so desires, any such arrangements shall be confirmed in writing by the Division.

e. Effective July 1, 2015, 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 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.

f. Effective July 1, 2015 the Division shall pay a teacher on Maternity Leave and/or Parental/Adoptive Leave:

   (i) 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 or parental leave and continues to receive employment insurance benefits;

   (ii) 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;

   (iii) 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 an 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.

g. 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.

7.09 - Deferred Salary Leave Plan

The Division will administer the Deferred Salary Leave Plan (D.S.L.P.) as per conditions outlined in the Ancillary Agreement and subject to the appropriate Federal Government tax ruling.

7.10 - Deduction of Salary for Absence

General Leave

Effective the date of signing:

In all cases of absence from teaching duties other than sick leave, compassionate, family medical personal or extra-curricular days, permission of the Superintendent shall be obtained and any teacher thus absent shall have an amount equal to 1/n, (where n = the number of days in the current school year as determined by the Minister responsible for Education) of pay deducted for each day of absence.


7.11 - Examination Leave

a. Teachers shall be allowed leave without loss of salary for one day for each examination written during school hours for the purpose of improving their qualifications.

7.12 - Hutterian Administration Leave

Principals within the Hutterian schools shall be entitled to 1 day per semester without loss of salary to use as an administration day, to a maximum of 2 days per year and the days shall not be accumulated from year to year.