WESTERN TEACHERS' ASSOCIATION

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

ARTICLE 4 - LEAVE

4:06 Maternity/Parental Leave

A. Every teacher shall be entitled to maternity/parental leave after seven (7) months of service.

B. The conditions of maternity/parental leave shall be determined by the teacher and the Division to their mutual satisfaction.

C. Following satisfactory agreement, the Division shall provide the teacher with a written memo of agreement.

D. Maternity/parental leave shall not constitute a break in employment.

E. At the termination of the maternity/parental leave the teacher shall be reinstated in the position occupied by him/her at the time such leave commenced or in a comparable position without less than the same salary and benefits.

F. Except as otherwise provided herein, the provisions of the Manitoba Employment Standards Code will apply.

G. 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 percent (90%) of the salary being received at the time leave was taken, this pay to include any benefits received from Human Resources Development Canada to a Supplemental Unemployment Benefits (SUB) Plan. The implementation of this clause is subject to the successful arrangement of a Supplemental Unemployment Benefits Plan with Human Resources Development Canada.

H. In respect of the period of maternity leave, payments made according to the SUB Plan will consist of the following:

1. For the first two weeks, payment equivalent to 90% of her gross salary, and

2. Up to fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and 90% of her gross salary.

I. A teacher taking parental or adoptive 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 Development Canada to a Supplemental Unemployment Benefits (SUB) Plan.  The implementation of this clause is subject to the successful arrangement of a Supplemental Unemployment Benefits Plan with Human Resources Development Canada.

J. In respect of the period of parental or adoptive leave, payments made according to the SUB Plan will consist of the following:

1. For the first two weeks, payment equivalent to 90% of gross salary, and

2. Up to eight (8) additional weeks payment equivalent to the difference between the Unemployment Insurance benefit the employee is eligible to receive and 90% of gross salary.

K. Where any portion of the 17 weeks referenced in (G) above, or where any portion of the 10 weeks referenced in (I) above, falls during the summer, Christmas break, Spring break, or any other period for when the teacher would not be earning his or her salary, that portion of the leave period does not qualify the teacher to receive a top-up benefit pursuant to this article.

L. Where a teacher had commenced her maternity leave prior to June 30 of a given year, and a portion of the first 17 weeks falls after the start of the next immediate fall term, the teacher shall be entitled to receive the top-up payments for the portion, if any, of the first 17 weeks of maternity leave which falls after the start of the next immediate fall term.

M. Where a teacher had commenced his or her parental or adoptive leave prior to June 30 of a given year, and a portion of the first 10 weeks falls after the start of the next immediate fall term, the teacher shall be entitled to receive the top-up payments for the portion, if any, of the first 10 weeks of parental or adoptive leave which falls after the start of the next immediate fall term.