MEMORANDUM OF AGREEMENT
BETWEEN THE WINNIPEG SCHOOL DIVISION
- and -
THE WINNIPEG TEACHERS' ASSOCIATION
of THE MANITOBA TEACHERS' SOCIETY
ON
MATERNITY LEAVE BENEFITS APPLICATION RULES
The parties agree to the following application rules, terms and conditions clarifying the Maternity Leave Supplementary Unemployment Benefits Plan per Article 20.05.
1. The maternity leave period, which is eligible for payment under this Article, is the first seventeen (17) weeks (the two (2) week waiting period and the next immediate fifteen (15) weeks).
2. Where any portion of the seventeen (17) weeks referenced in (1) above falls during the summer, Christmas Break, Spring Break, or any other period for when the teacher is not earning her salary, that portion of the maternity leave period does not qualify the teacher to receive maternity benefits pursuant to Article 20.05.
3. A specific application or registration for a Supplementary Unemployment Benefits Plan is not required. The only requirement from Human Resources Development Canada is that the comments section of the Record of Employment confirming that section 38 of the Employment Insurance Regulations are met.
4. Subject to the qualifying period, as set out in paragraph (6), where a teacher had commenced her maternity leave prior to the start of the plan and a portion of the first seventeen (17) weeks falls after the start of the plan, the teacher shall be entitled to receive the paid maternity leave benefit for the portion (if any) of the first seventeen (17) weeks of maternity leave which falls after the start of the plan.
5. Teachers must be under contract to the Division during the period when maternity leave benefits may be paid by the Division in order to be eligible to receive those payments.
6. The qualifying period of seven (7) teaching months must be seven (7) consecutive months in the employ of The Winnipeg School Division, as per the Manitoba Employment Standards Code. The full seven (7) months qualifying period must be served in order to qualify for any maternity leave payment. For greater certainty, should a teacher fail to serve the full qualifying period to the start of the maternity leave, then that teacher shall be eligible to receive maternity leave benefits only for that portion of the seventeen (17) weeks referenced in (1) above which occurs after the completion of the seven (7) month qualifying period.
7. The Division requires, from each of the teachers on maternity leave, a copy of the Statement of Finalized Employment Insurance Benefits in order to accurately calculate her entitlement. This is a document which the teacher should have received (or will receive) from Employment Insurance four (4) to six (6) weeks from the date that she applied for Employment Insurance Benefits. Should payments to teachers be required prior to receipt of the Statement, an estimate of the correct entitlement will be made with an adjustment made following receipt of the Statement.
8. The appropriate adjustments/application will be substituted to the above clauses when a teacher takes adoptive or parental leave.
Dated at Winnipeg in the Province of Manitoba, this 19th day of January, 2016.
Signed and Agreed to on behalf of:
THE WINNIPEG SCHOOL DIVISION THE WINNIPEG TEACHERS' ASSOCIATION
of THE MANITOBA TEACHERS' SOCIETY
______________________________ _______________________________
Chair President
______________________________ _______________________________
Secretary-Treasurer Business Agent