THOMPSON TEACHERS' ASSOCIATION

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

ARTICLE 7 – LEAVES

7.01 Sabbatical Leave

The Board recognizes the principle of Sabbatical Leave and will consider each applicant for said leave on his/her individual merit.

When a teacher is granted Sabbatical Leave, he/she shall be entitled to:
• The greater of five thousand three hundred dollars ($5,300.00) or thirty percent (30%) of basic salary with two (2) years of service with the Board.
• Forty-five percent (45%) of basic salary with five (5) years of service with the Board.
• Sixty percent (60%) of basic salary with seven (7) years of service with the Board.

This leave shall not count as experience for increment purposes unless recognized by Manitoba Education.

The teacher shall not sign a contract with another school division/district while on Sabbatical Leave.

A teacher on Sabbatical Leave shall continue to have  Group Life Insurance Plan, Drug, Ambulance/Semi-Private Hospital Plan, Dental Plan, Vision Plan and Salary Continuance Plan available to him/her.

7.02 Bereavement/Compassionate Leave

a. Each teacher shall be allowed Bereavement Leave without loss of salary up to six (6) teaching days in the event of death of any immediate family member.

b. (i) Immediate family to include father, stepfather, mother, stepmother, sister, brother, son, stepson, daughter, stepdaughter, spouse, legal guardian and/or a child under legal guardianship, father-in-law, mother-in-law, grandparent, great-grandparent, grandparent-in-law, great-grandparent-in-law, brother-in-law, sister-in-law, grandchild, great-grandchild, son-in-law, daughter-in-law.

   (ii) A teacher shall be allowed up to an additional four (4) teaching days without loss of salary where travel is required to attend a death outside of Thompson for an immediate family member as listed in b. (i).

c. (i)   In the case of the death of aunts and uncles, one (1) day of Compassionate Leave shall be allowed if requested without loss of salary.

    (ii)   A teacher shall be allowed up to an additional four (4) teaching days at substitute deduction where travel is required to attend an aunt or uncle’s death outside of Thompson.
  
d. In the event of the death of a person not listed above, Compassionate Leave may be granted at substitute cost whether a substitute is required or not.

e. Additional leave for compassionate reasons may be granted at the discretion of the Board.  In all cases, the teacher shall notify the Board thereof prior to taking such leave.  The Board reserves the right to request evidence from a physician for any absences allowed herein.

7.03 Sick Leave

a. When a teacher is sick, he/she shall be entitled to a leave of absence (herein called “sick leave”) during his/her sickness and shall be entitled to be paid his/her full salary during such sick leave.

b. Each teacher shall be credited with twenty (20) teaching days sick leave with full salary at the beginning of each year of continuous employment as a teacher with this School District.

c. All unused sick leave in each year shall accumulate from year to year to the credit of each teacher, but shall at no time exceed a credit of two hundred (200) teaching days.

d. A teacher on sick leave shall be paid the same amount he/she would be paid if he/she were on duty until the teacher has exhausted all accumulated sick leave.

e. A teacher shall not accumulate sick leave while on Sabbatical Leave.

f. A teacher shall be entitled to use, for each incident, a maximum of fifteen (15) days from his/her sick days accrual to attend to the medical needs of each person listed in Article 7.02(b). Additional days from his/her sick day’s accrual may be granted at the discretion of the Board.

g.  Any teacher using sick leave as a result of accidental, physical injury at work, shall have said leave reinstated upon return to teaching duties.

h. Teachers on contract prior to 1986 will be subject to terms outlined in the Memorandum of Agreement.

i. When driving outside of Thompson for a referred medical/dental specialist appointment(s) on normal work days, the teacher will be allowed the day before, if it is a work day, to travel there, a day for the appointment, and the next calendar day to travel back if it is a normal work day.

7.04 Maternity/Parental/Adoptive Leaves

 General

1. Maternity and Parental/Adoptive Leaves shall be granted in accordance with The Employment Standards Code (Manitoba), which shall prevail if there is an inconsistency between the Code and this Article.

2. After a teacher has applied for Maternity and/or Parental/Adoptive Leave as provided for in Article 7.04 (3) and (4), the parties shall enter into a written agreement that:

a) an employee who returns to teaching duties within the same school year shall be reinstated to the position occupied by the teacher prior to the leave commenced;

b) where the Maternity or Parental/Adoptive Leave spans two (2) school years, the employee will be reinstated to either the same position occupied by the teacher at the time the leave commenced or a comparable position with no less than the same wages and benefits;

c) the date the teacher will resume teaching duties unless the District agrees to extend the leave;

d) the District will pay the employer’s portion of the benefits contained in Articles 9.01, 9.02, 9.03 and 9.05 for the leave periods.

Maternity Leave

3. Every female teacher who has been employed by the District for seven (7) months shall be entitled to Maternity Leave of up to seventeen (17) weeks if she:

a) submits an application for leave at least four (4) weeks before the date she wishes  her leave to  commence and indicates the date she wishes to resume her teaching duties; and

b) provides a medical certificate giving the estimated date of delivery.

Parental/Adoptive Leave

4. Every teacher who has been employed by the District for seven (7) months shall be entitled to Parental/Adoptive Leave of up to thirty-seven (37) weeks if the teacher submits an application for leave at least four (4) weeks before the date the teacher wishes the leave to commence, indicates the date the teacher wishes to resume teaching duties, and in the case of adoption provides documentation of the estimated date the teacher is to gain custody of a child.

Top-Up Benefits

5. Effective July 1st, 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.


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

a) 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;

b) 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;

c) 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:

       a) 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;

       b) Eighty-five (85) teaching days of pay and/or top-up benefits if the teacher only takes Maternity Leave;

       c) 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 District 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.

7.  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 District.

7.05 Leave of Absence for Society Duties

A teacher being a member of the Manitoba Teachers’ Society Committee or of the Executive Committee or 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, shall be excused from school duties for either purpose or both purposes providing that collectively the total number of days does not exceed eighty-five (85) days with a maximum of six (6) teachers being absent on any occasion.  On two (2) occasions per year, more than six (6) teachers may be absent subject to substitute teachers being available.  The cost of providing a substitute teacher salary must be paid by the Society.  No additional leave of absence within this clause will be available except with the consent and approval of the Board.  In all cases, the teacher shall notify the Board thereof prior to taking such leave.

7.06 Deduction of Salary for Absence

When a teacher is absent from teaching duties for one half (1/2) day to ten (10) consecutive teaching days, unless it is for illness or other reasons heretofore stated in this agreement, written permission of the Board must be obtained and any teacher thus absent from duty may have "per diem" less thirty percent (30%) of his/her annual salary deducted for each day absent from duties. For absence after ten (10) consecutive teaching days, salary may be deducted at the rate of "per diem" for each subsequent consecutive day.

"Per diem" for Article 7.06 shall mean the fraction that one (1) school day bears to the total number of days as prescribed by the Minister in any given school year.

7.07 Reinstatement After Leave

When a teacher indicates his/her intention to return from leave, the Board will attempt to reinstate the teacher in the previously occupied position, or failing this, the Board will attempt to reinstate the teacher in a comparable position.

7.08 Jury Duty

Teachers called for Jury Duty shall be paid the rate of pay amounting to the difference between the amount paid for jury services, exclusive of expense allowances, and the amount that would have been earned had the teacher worked on such a day.

7.09 Involuntary Absenteeism

A teacher who is absent from duties due to inclement weather and related travel conditions shall not suffer a reduction in salary for the time period involved provided that:

i. The R.C.M.P. or Highways Department does not recommend travel due to poor or unsafe driving conditions.

ii. Regular air carriers are unable to fly to Thompson and no alternate arrangements are available to the teacher because of carrier timetables.

7.10 Special Leave Plan

Purpose

The purpose of this special leave plan is to provide teachers with a minimal financial package in order that they may take a year’s leave of absence from their teaching duties in order to pursue other interests.

The plan is structured to be a minimal cost to the Board and not place the Board in a difficult position regarding staffing.

The plan will commence July 1st, 1998.

Eligibility

A special leave shall be granted by the Board for those teachers who have a minimum of ten (10) full or part time years of continuous service, including approved leaves, in the School District of Mystery Lake.

Guidelines

A successful applicant shall not be eligible to apply for another leave under Article 7.10 for a period of ten 10 years from the date of their leave.

The Salary payable for the one (1) year leave would be the lesser of the difference between the salary of the teacher on leave and the salary of a Class V 1st year teacher’s salary excluding any allowances, or twenty thousand dollars ($20,000.00) less prepaid premiums as outlined in these guidelines.  Part time teachers will be pro-rated accordingly.

A teacher on leave is eligible to continue participation in group benefits by requesting to do so in writing and prepaying both the teacher portion and employer portion of such benefits in advance of leave commencing. If there is any rate change during the leave, then the teacher would be charged with such increases on return to their duties.

A minimum of one (1) special leave shall be granted during a school year (as defined in the P.S.A. Regulations).

Application for a leave must be made prior to April 1st in the year preceding the next school year.

When there are more than two (2) applicants, a committee comprised of two (2) trustees, the Superintendent and two (2) TTA Executive members will decide on the successful applicants.

On the termination of the Special Leave the teacher(s) will be reinstated in the position occupied by them at the time they commenced their leave, or in a comparable position with not less than the same wages and benefits, depending on what vacancies are pending at that time.

A special leave shall not be granted concurrently with any other leave.

A special leave shall not count as experience for increment purposes.

A replacement teacher may be hired on a Limited Term General Contract.

A teacher not returning following this leave will not be eligible for any retirement benefits under Article 23.

A teacher shall enter into a formal agreement specifying the terms and conditions of the leave.

7.11 Religious Leave

a. A teacher under contract shall be given leave of absence up to a maximum of three (3) days per school year without loss of pay for major religious holy days observed by the teacher and designated as a day of obligation by the teacher's religion.

Teachers shall not absent themselves from duty for reason of religious holy days without first notifying the Superintendent of Education or designate.

The following notification period shall apply:

i. Teachers on staff requiring religious holy leave days during the school year shall provide notice in writing on the prescribed form as soon as possible after the start of the school year, however, not later than September 30th.

ii. In instances where religious holy leave days are required prior to September 30th in the school year, notice shall be given within ten (10) working days after the start of the school year, unless the holy day(s) falls within the first ten (10) working days of the school year where notice shall not be less than five (5) working days.

iii. Where the appropriate notice has not been given, religious holy days leave will be provided and the teacher's regular salary will be deducted at the certified substitute teacher rate.

b. The parties agree that this article constitutes reasonable accommodation for religious holy leave.