Effective Fall Term 2015
a) Full-time Teachers shall be entitled up to two days leave of absence for personal reasons (pro-rated for part-time & term teachers) at no deduction in any one school year provided that a substitute satisfactory to the Division can be secured. One of the days may be carried forward to be used in the subsequent school year for a maximum of three days in any one school year.
Personal leave cannot be used to extend the Summer breaks nor can it be taken on days designated for teacher in-service, parent teacher conferences, administration or pupil evaluation. No more than one teacher in any one school shall be entitled to leave at the same time unless approved by the Superintendent. Teachers shall, if possible, notify the principal at least one week in advance of taking such leave.
The maximum leave under this clause when combined with Extracurricular Leave (under Article 11) shall be no more than three consecutive (3) days at any one time.
b) In all cases of absence from teaching duties other than for illness (Section 93, sub paragraphs 1, 2, 3, and 4, Sections 94 and 95 of the Public Schools Act), personal leave as provided in paragraph “a” and compassionate leave, authorization of the Division shall be obtained and any teacher thus absent from duty shall be deducted the per diem rate of the teacher’s annual salary.
Wherever in this Agreement deduction of salary during a leave of absence or payment of salary is to be made at the per diem rate, the amount of the deduction or payment shall be calculated in accordance with the appropriate formula set out below:
i. Payment at Per Diem Rate
No. of days which payment is due x Teachers’ Current Salary
No. of school days in the school year
as defined by the Minister of Education
ii. Deduction at Per Diem Rate
No. of days without pay x Teachers’ Current Salary
No. of school days in the school year
as defined by the Minister of Education
c) The Division recognizes that situations other than those referred to may arise in which leave of absence may be required. In such cases, the Division will consider the request on application by the teacher and the amount of salary deduction shall be determined prior to the leave being granted.
(d) In all cases of absence, the substitute shall be approved and paid by the Division.
a) Compassionate Leave
Effective date of signing, each teacher shall be allowed Compassionate Leave without loss of salary up to but not exceeding the day(s), in each case of terminal illness of any member of the family of the teacher outlined below:
i. 4 days for immediate family to include: father, mother, sister, brother, son, daughter, spouse, common-law spouse or same gender partner,
ii. 3 days for mother-in-law, father-in-law, grandparents.
Leave beyond this amount on compassionate grounds may be granted at the discretion of the Division. In all cases, the teacher shall notify the Division prior to taking leave.
b) Bereavement Leave
For a Bereavement Leave, full salary of the teacher will be paid during the absence as follows:
i. Death of a spouse, common law spouse or same gender partner: 5 days
ii. Death of a child or grandchild: 5 days
iii. Death of a parent or step-parent: 5 days
iv. Death of a sister, brother, mother-in-law or father-in-law: 3 days
v. Death of a grandparent: 3 days
vi. Death of a brother-in-law or sister-in-law: 1 day
vii. Death of a spouse’s grandparent: 1 day
a) Every female teacher shall be entitled to maternity leave and every teacher shall be entitled to adoptive leave and parental leave in accordance with this article.
b) Every teacher shall be entitled to unpaid parental leave.
c) Except as otherwise provided herein 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:
i. 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;
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 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.
a) i. Where a teacher is sick, he or she shall be entitled to sick leave during his or her sickness and be paid his or her salary during such sick leave; but such leave shall not exceed twenty (20) teaching days in any school year.
Effective the Fall Term 2016
ii) Where the employment of a teacher is continued for more than one year, the non-used portion of the sick leave in any year(s) shall be carried forward and accumulated from year to year to a maximum of forty (40) days in the second year; sixty (60) days in the third year; eighty (80) days in the fourth; one hundred (100) in the fifth, and one hundred and twenty days (120) (Effective September 2017 increase to one hundred and twenty five days (125)) in the sixth and subsequent year.
b) Teachers employed on a part-time basis with the Division shall be granted sick leave with pay prorated based on full-time equivalents.
c) Teachers employed on a fixed term contract shall be entitled to sick leave during the term of the contract under the same terms and conditions as a teacher regularly employed by the Division. Sick leave shall accrue to a maximum of one hundred ten (110) days, when a teacher is employed by the Division on successive term contracts. Contracts shall be deemed to be successive when:
i. a teacher is employed under separate fixed term contracts in successive school years;
ii. the interruption between term contracts is less than a school year.
d) Sick Leave is not payable to a teacher:
i. who, while receiving sick leave benefits, is engaged in employment for wage or profit with another employer, except when such employment occurs as a result of a program of rehabilitative employment approved by the Disability Benefits Plan; or
ii. who, in respect of injury resulting from a motor vehicle accident, is receiving wage-loss replacement benefits from the Manitoba Public Insurance (“M.P.I.”) to the extent that such benefits and paid sick leave exceed the teacher’s normal salary and up to the maximum number of sick leave days accumulated by the teacher. In such cases, the teacher shall reimburse the Division the amount of benefit received from M.P.I.
e) The Unemployment Insurance Commission rebate shall be shared between the Division and the Association with the Division receiving 7/12 and the Association receiving 5/12 effective January 1, 1978.
f) The Division shall provide sick leave entitlement to a pregnant teacher who, as a result of her condition either before or after delivery, is unable to be at work and perform her regular duties for a valid health related reason(s). The pregnant teacher shall follow claim procedures for sick leave entitlement as determined by the Division.
g) The Division may require teachers to produce reports from a duly qualified health care practitioner(s) on matters related to their sickness or injury and absence from the workplace.
d) Sick Leave is not payable to a teacher:
i. who, while receiving sick leave benefits, is engaged in employment for wage or profit with another employer, except when such employment occurs as a result of a program of rehabilitative employment approved by the Disability Benefits Plan; or
ii. who, in respect of injury resulting from a motor vehicle accident, is receiving wage-loss replacement benefits from the Manitoba Public Insurance (“M.P.I.”) to the extent that such benefits and paid sick leave exceed the teacher’s normal salary and up to the maximum number of sick leave days accumulated by the teacher. In such cases, the teacher shall reimburse the Division the amount of benefit received from M.P.I.
e) The Unemployment Insurance Commission rebate shall be shared between the Division and the Association with the Division receiving 7/12 and the Association receiving 5/12 effective January 1, 1978.
f) The Division shall provide sick leave entitlement to a pregnant teacher who, as a result of her condition either before or after delivery, is unable to be at work and perform her regular duties for a valid health related reason(s). The pregnant teacher shall follow claim procedures for sick leave entitlement as determined by the Division.
g) The Division may require teachers to produce reports from a duly qualified health care practitioner(s) on matters related to their sickness or injury and absence from the workplace.
Effective date of signing, each teacher shall be entitled to use up to four (4) days of sick leave per school year to attend to the illness, injury or medical appointments of his or her immediately family including the spouse, children, or parents of the teacher or spouse. Every effort shall be made to schedule medical appointments outside of school hours.
Effective fall term 2017 four (4) days will be increased to five (5) days.
Any teacher required to be absent from duties due to attendance at a court of law for the purpose of acting as a juror, or a when subpoenaed as a crown witness or a witness in any case related to the teacher’s teaching duties, shall do so without loss of pay. In a situation related to a teacher’s teaching duties, travel to and from court shall be deemed to be traveling for division purposes. Any monies received by the teacher as a result of the aforementioned shall be paid directly to the board upon receipt. Any teacher required to be absent for these purposes shall submit details at the earliest possible date and keep the Division informed on the teachers anticipated absence and return date.
A teacher, being a member of the Manitoba Teachers' Society Executive Committee or of the Executive of any branch thereof, or of any special committee of the Society, or being appointed as an official representative or delegate of the Society or any branch thereof, and being authorized by the Executive Committee of the Society to attend the meetings of the Committee of which he/she is a member, or to act as a delegate or representative, shall be excused from school duties for either purpose or both purposes for not more then a total of ten (10) teaching days in any one school year, provided that a substitute satisfactory to the Division can be secured and that the cost of the substitute teacher be borne by the Society.
Maximum days allowed the Association in combined total shall not exceed forty (40) days in any school year. One teacher for every ten (10) teachers per school or fraction thereof, will be allowed leave on any given day.
Leave of absence up to twenty (20) days in the school year shall be granted to the President of the Association and not be counted within the forty (40) day overall maximum.
The above notwithstanding, leaves of absence from school duties for the purpose of attendance at interest arbitration hearings shall not be counted in the individual or group maximum days of leave of absence.
The teacher shall notify the Division a minimum of seven (7) days prior to taking such leave. In exceptional circumstances, the Division has the right to waive the limitation on the number of teachers per school and the notice period.
Any teacher may request a one year leave of absence without pay. A teacher on such leave shall be regarded as still on staff but shall not earn an increment during that year of absence.
a) All applications for leave of absence shall be submitted to the Secretary of the Division before April 1st with full particulars concerning the reasons for the leave.
b) The Division may limit the number of teachers on leave of absence to one in any one year.
c) Approval or rejection by the Division of such leave shall be decided before May 1st of the year of application for such leave by the teacher.
d) The onus is on the Division to notify any teacher who is being employed to replace a person away on a leave of absence that there may be no position open to him/her when the other teacher returns.
e) Upon return from leave of absence a teacher shall be placed in the same or in an equivalent position with no less than the same salary and benefits, if the original position no longer exists.
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 reasons of religious holy days without first notifying the Superintendent or designate.
The following notification period shall apply:
i. Teachers on staff requiring religious holy leaves 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 is 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 falls within the first ten (10) working days of the school year where the notice shall not be less than five (5) working days.
iii. Where the appropriate notice has not been given, religious holy day leave will be provided and the substitute teacher rate will be deducted from the teacher’s regular salary in the teacher’s salary classification.
b) The parties agree that this Article constitutes reasonable accommodation for religious holy leave.