Entitlement to Parental, Maternity and Adoptive leave shall be in accordance with the provisions of the Employment Standards Code.
Other Agreements not precluded.
Nothing in this agreement shall preclude a teacher and the Institute from mutually agreeing to terms of additional leave. Any such agreement made between the teacher and the Institute shall not be subject to grievance and arbitration under the Settlement of Disputes clause in this collective agreement.
SUB Plan
(a) A teacher taking maternity leave pursuant to this article shall be entitled to receive pay for the period of the leave up to seventeen weeks in the amount of 90% of the salary being received at the time leave is 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 Social Development Canada.
(b) In respect of the period of maternity leave, payments made according to the Supplementary Unemployment Benefits Plan will consist of the following:
(i) For the first two weeks, payment equivalent to ninety percent (90%) of her gross salary, and
(ii) Up to fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefits the employee is eligible to receive and ninety percent (90%) of her gross salary.
(c) An employee taking paid adoptive or 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 ninety percent (90%) of the salary being received at the time leave was taken, this pay to include any benefits received from Human Resources Social Development Canada pursuant to a Supplementary Unemployment Benefits(SUB) Plan.The implementation of this clause is subject to the successful arrangement of a SUB Plan with Human Resources Social Development Canada.
In respect of the period of adoptive or parental leave, payments made according to the SUB Plan will consist of the following:
(i) For the first two (2) weeks, either payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety (90%) of gross salary where the two week waiting period has been served or payment equivalent to ninety percent (90%) of gross salary, and
(ii) Up to eight (8) weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and nine percent (90%) of gross salary.
SUB Plan – Effective July 1, 2015 the following shall apply:
(a) 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 thirty-five (135) teaching days, which pay will include any employment insurance benefits received in accordance with this article.
(b) The Institute shall pay a teacher on Maternity 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 leave 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 leave 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 and continues to receive employment insurance benefits.
(c) For greater certainty, a teacher who is receiving employment insurance benefits shall be entitled to:
(i) One hundred thirty-five (135) teaching days of pay and/or top up benefits if the teacher takes both maternity leave and parental/adoptive leave;
(ii) Eighty-five (85) teaching days of pay and/or top up benefits if the teacher only takes maternity leave’
(iii) 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 Institute 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.
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 Institute.