WINNIPEG TEACHERS' ASSOCIATION -- CODE OF RULES AND REGULATIONS --

CHAPTER 2
THE ADMINISTRATION OF A SCHOOL

Section 2.1 Duties of Principals

The principal shall be responsible to the Superintendent for administering the general policies and programs of the Division, and for keeping the staff informed about such policies and programs. Subject to the provisions of "The Public Schools Act", the "Regulations of Manitoba Education and Advanced Learning", this "Code of Rules", and the directives contained in the "Administrative Manual", the principal shall be responsible for the detailed organization of the school, and for the supervision of all personnel working in the school.

In carrying out the above, the principal's powers and duties shall include responsibility for the following:

1. The assignment and supervision of teachers, and the supervision of the instructional program.

2. The general direction and supervision of the work of the custodial staff in the school.

3. The preparation of a list of instructions for the guidance of substitute teachers in the school.

4. Scheduling the time of Faculty of Education students in order that their student teaching will be most profitable to them. Such students shall not be used as regular substitutes for teachers who are absent from school.

5. Taking all reasonable precautions to safeguard the health and general well being of the staff and pupils in the school. To this end, the principal shall see that pupils and staff are adequately trained to make effective any plans necessary for their safety.

6. The organization of the supervision of pupil activities in school buildings and on school grounds. The principal shall make provision for the supervision of the school during the noon recess and before assembling in the morning and immediately after dismissal in the afternoon. In elementary schools this shall be intended to include active supervision of the playground fifteen (15) minutes before commencement of classes in the morning and ten (10) minutes before commencement of classes in the afternoon on days when children are playing outside.

7. Activities sponsored and conducted by the student organization of the school. The principal shall accept no responsibility for students engaged in activities that are not part of the school program.

8. The organization and supervision of school patrols according to the regulations established for such patrols.

9. Seeing that all rules and regulations with respect to fire prevention and safety are carried out and that all personnel are familiar with "Instructions Relating to Fire Alarms and Fire Drills", "Fire Prevention and Safety" and "Civil Defence Regulations".

10. Seeing that first aid supplies are readily available.

11. The inspection of school grounds and school buildings to see that they are free from hazards which might cause accidents and to notify the proper authorities of any conditions which need to be remedied.

12. Keeping the Superintendent fully advised as to the conditions and needs of the school, and shall submit reports on pupil attendance, promotion, and other matters as required.

13. Evaluating the efficiency of each member of the teaching, clerical, caretaking and other staff, including substitute teachers, as required by the Superintendent and forwarding such reports to the Superintendent.

14. Arranging regular staff meetings for the purpose of discussing educational and administrative matters.

15. Being available as necessary, before school opening in the fall term, to meet with pupils, parents, and members of the supervisory staff.

16. The proper registration of pupils in the school and the maintenance of adequate records. It shall be the principal's responsibility to see that a pupil's records are forwarded upon request from the receiving school when the pupil transfers to another school.

17. Keeping copies of the "Administrative Manual" and the "Code of Rules" in the school up to date, and informing members of the staff of all revisions.

18. The administration of a system of accounting for all monies from student activities, from cafeterias, from student fees or fines, from entertainments, from gifts, or from other funds belonging to the school or the student body or any student group within the school. The administration of the School Fund shall be in accordance with the regulations adopted by the Board from time to time governing the holding, administering and expending of monies for the purposes of the school. He/she shall make provisions for the safe keeping of all monies belonging to the school or School Division.

19. Inspecting the condition of school property and immediately reporting serious damage to the Building Department and to the Police Department.

Section 2.2 Duties of Vice Principals

The vice principal shall assist the principal in the administration of the general policies, programs, and organization of the school. The vice principal should submit to the principal any specific recommendations deemed necessary or desirable for the improvement of the efficiency of the administration of the school or the improvement of the instructional program.

Section 2.3 Duties of Teachers Designated During Absence of a Principal

During the absence of the principal of a school where there is no vice principal, the Superintendent shall designate a member of the teaching staff of that school to assume the duties and responsibilities of the
principal.

Section 2.4 Duties of Teachers

Teachers shall carry out their duties in accordance with the regulations of Manitoba Education and Advanced Learning and of the school system under the direction of the principal.

1. Teachers shall be responsible for taking all reasonable precautions to safeguard the health and general well being of pupils in their charge and for any or all pupils of the school as assigned by the principal of the school. They shall enforce the rules governing the conduct of pupils as such rules may be prescribed by Manitoba Education and Advanced Learning, the School Board, the Superintendent, or the principal. They shall establish conditions and practices in their classrooms that will contribute to the physical and mental health of the pupils and they shall report promptly to the principal any serious accident or illness affecting pupils in their charge.

2. Teachers shall register in person in their respective buildings and be on duty at least fifteen (15) minutes before the opening hour in the morning and five (5) minutes before the opening hour in the afternoon.

3. Teachers shall be responsible for the order in their rooms and the adjacent hall, and during the assembling or dismissing of the school shall, under the direction of the principal, supervise the movement of pupils to and from the room.

4. The following regulations shall be followed when a teacher is absent:

(a) When a teacher is going to be absent, the teacher shall telephone the Absence Reporting and Substitute system or any other place that may be designated by the Administration and record the absence, the reason for the absence, and whether or not the absence requires a substitute, prior to 7:15 a.m. on the morning of the day on which the substitute is required.

(b) If a teacher is going to cancel an absence previously recorded on the Absence Reporting and Substitute System, the teacher shall telephone the System to cancel. If the cancellation is less than 24 hours prior to the start of the absence, or part-way through the absence, the teacher shall telephone the System Help Line to cancel. In the case of a teacher returning in the afternoon, the teacher shall telephone the System Help Desk and the school before 11:00 a.m.

(c) When, through the default of a teacher, a substitute reports for duty and is not required, the teacher concerned will be charged with the salary of the substitute, for the extra session.

(d) When a teacher requires a substitute for an absence other than illness, after permission for leave has been granted, the teacher shall make the request as far in advance as possible, stating the specific length of time for which the substitute will be required.

5. Teachers shall keep all records required.

6. In inclement weather teachers shall see that young pupils are properly clad before they are permitted to go outside and that outdoor clothing is removed when pupils are in the school.

7. Teachers shall require personal cleanliness from pupils.

8. Teachers shall administer any marking system or other means of evaluating pupils' achievement that may be instituted for the school and they shall report to parents the progress of their children as directed by the principal.

9. Unless expressly excused, teachers shall attend all meetings called by the Superintendent or principal during any school day for the purpose of discussing matters of concern to the school.

10. It shall be the responsibility of every teacher, insofar as it is reasonably possible, to see that adequate plans and instructions are available at any time when it is necessary for a substitute teacher to take over the regular work of the teacher.

11. Before leaving the school at the end of the day, teachers shall be responsible for seeing that all children under their direction are dismissed.

12. Under the direction of the principal, it shall be the duty of the teachers of each school to maintain regular supervision of the playground.

13. Teachers shall be familiar with bulletins and regulations issued by Manitoba Education and Advanced Learning and The Winnipeg School Division.

Section 2.5 Duties of Department Heads

Department heads in secondary schools shall be responsible, under the principal, for the improvement of instruction in their subject fields. Any administrative duties shall be subsidiary to this purpose. In executing their duties, department heads should seek to identify the needs and opportunities in their areas of responsibility, should make specific suggestions to the principal, and should work in cooperation with other teachers in their departments.

In carrying out the above, the duties of a department head shall include the following:

1. To assist the principal, in cooperation with heads of other departments, in the general organization and management of the school.

2. To be responsible to the principal for the organization and direction of the department.

3. To supervise the preparation of:

a) Details of the courses of study; and

b) The examinations for the department.

4. To maintain professional knowledge of the subject field at a high level in order to be able to provide leadership within the school and within the system.

5. To arrange, in consultation with the principal, for meetings of the teachers in the department to discuss matters relating to the department and to exchange ideas on teaching problems.

6. To prepare for the principal an annual statement for budget purposes of the supplies and equipment required for the department.

7. To requisition, through the principal, equipment and supplies for the department.

8. To maintain a current inventory of the equipment in the department.

9. To be responsible for the maintenance and care of equipment and supplies under the department head's charge.

10. To maintain close liaison with department heads in the same field in other schools.

11. To serve, along with department heads in the same field from other schools, on any advisory committees which may be established by the Assistant Superintendent in charge of Secondary Schools.

NOTE:

Department heads in the Technical Vocational High School shall have the following additional duties related to the Evening School Program: They shall advise and assist the Evening School principal in the planning of courses for their departments, in the selection of teachers, in the counselling of students, in the allotment and control of supplies, in the testing and recording of student achievement and in the general supervision of the program in their departments. This is not intended, however, to require their regular presence in the school in the evening, nor is it intended to prevent their service as counsellor registrars or as teachers at regular teaching rates if circumstances make it advisable for them to be so engaged.

Section 2.6 Duties of Substitute Teachers

Substitute teachers shall perform, as far as possible, all the duties of the teachers for whom they substitute and shall observe the regulations which apply to teachers on the regular staff. The details of their duties shall be those as set forth by the Superintendent.

Section 2.7 Laboratory Assistants

Laboratory assistants shall be responsible to the principal and the science department head, and shall carry out
such duties as are assigned to them.

Without in any way restricting the generality of the foregoing, the laboratory assistant shall be responsible for:

1. Care of laboratory equipment

2. Preparation of laboratories for student experiments

3. Marking student laboratory notebooks.

CHAPTER 4
INSTRUCTIONAL STAFF

Section 4.1 Qualifications for Appointment as Teacher

In making recommendations for appointments, the Superintendent shall give preference to those applicants with the highest qualifications. The qualifications required shall be a composite of those factors which are essential and desirable for a position on the teaching staff and shall include: educational qualifications, personal qualifications as determined through interviews and references, teaching experience, special qualifications or training required for a particular position, and any evidence of special experience or capacity that would contribute to the teacher's effectiveness in the Winnipeg School Division schools.

Section 4.2 Assignment of Staff

A teacher shall be assigned to a specific position by or under the direction of the Superintendent, and may be transferred to any other position for which the teacher is qualified. Transfers which involve promotion or demotion of a teacher to, or in, or from administrative or supervisory positions shall be submitted to the Board for approval.

Each teacher shall be given at least twenty (20) teaching days' notice by registered mail of any intended reduction of the teacher's salary by reason of a change in the teaching position, and the rights of the teacher as provided in the individual teacher's contract, or of the Association as provided in the Collective Agreement shall be available to such teacher and/or the Association.

After two (2) years, no employee in an administrative or supervisory position shall suffer a reduction in salary or position until:

1. First receiving notice in writing of the specific reason or reasons why such reduction in salary or position is contemplated, and

2. Such employee shall have the opportunity of a hearing, and to make representation in person or through a representative to the Board in camera to answer the complaint.

Section 4.3 Transfer of Employees

Transfers may be made at the initiative of the Superintendent or other administrative officer or at the request of the teacher, and for any purpose which, in the judgment of the Superintendent, is best for the welfare of the teacher or the schools.

All requests for transfers, whether for the individual or for a subordinate, shall be submitted in writing with an explanation of the reasons for such a request.

An application for transfer from a teacher shall, upon request by the teacher, be considered confidential, until such time as it becomes necessary to confer with the teacher's present and prospective superior officers in making final decisions and arrangements.

Section 4.4 Promotion

The criteria and procedures used by The Winnipeg School Division in the selection of personnel for appointment to principalships, vice principalships, and other administrative positions shall be determined by the Superintendent. While preference will normally be given to candidates who best meet these criteria, consideration may also be given to candidates who are outstanding teachers and who meet the requirements for a certain position but who do not conform to all the established criteria. Therefore, while the following items are not completely definitive, they provide guidelines for making appointments.

Experience Preference will be given to candidates who are intimately acquainted with many phases of the school system. Experience at different grade levels, in special programs, at different schools, and under different principals is desirable. Candidates who have a wide knowledge of the school system should be better suited, other factors being equal, to perform the administrative tasks. The amount of time necessary to gain a broad experiential background is considered to be at least ten (10) years' service in the school system.

Education The minimum educational qualifications for appointment to an administrative position shall be the first bachelor's degree with one (1) year of graduate study in education (e.g., B.A., B.Ed.). Preference will be given to candidates who hold Masters' degrees.

Scholarship Preference will be given to candidates who have attained at least second class standing in their last two (2) years of university education.

Physical and Mental Fitness Candidates for administrative positions should be in good physical and mental health.

Personal Factors Because testing instruments have not yet been developed which can measure an individual's personality, the assessment of this criterion depends upon the subjective judgment of the selectors. To maintain good interpersonal relationships, to make sound decisions, and to possess the necessary drive and enthusiasm to stimulate others, are some of the essential qualities of a good administrator. These supplement or include the following factors in which candidates should rate high: leadership, ability to teach, character, interest in and liking for children, ability to get along with people, organizing and executive ability, tact and diplomacy.

In selecting personnel for appointment to administrative positions, the Superintendent may employ any or all of the following procedures: a test of analytical ability, a written analysis of a hypothetical educational situation, classroom visit from the Superintendent or one of the Superintendent's assistants, a rating of administrative potential by the principal, and a personal interview.

CHAPTER 5
LEAVE OF ABSENCE

Section 5.1 Absence for Personal Business

1. Procedure for securing permission

Teachers shall not absent themselves from duty for reasons of personal business without first securing permission from the Superintendent. All requests for such approval shall be made through the principal on the form prescribed. In the case of an emergency where approval cannot be secured in advance, the teacher shall report to the principal at the earliest opportunity.

2. Salary provisions

(a) When permission for leave has been granted no deductions from salary shall be made when teachers are absent for the following reasons:

(i) To attend a convention or meeting of an organization with a program relevant to the teacher's work. (Limit, five (5) school days).

(ii) To deliver an address before an educational body.

(iii) To attend convocation to receive a university degree.

(iv) An employee will be granted bereavement leave of five (5) consecutive working days without loss of salary in the event of the death of a spouse, common-law partner, child, step-child, mother, step-mother, father, step-father, brother, or sister, as well as for any other relative who was a member of the household. Such days may be taken only in the period which extends from the date of death up to and including the day following interment, or five (5) consecutive working days following the death, whichever is the greater. One (1) bereavement leave day may be retained at the employee’s request for use in the case where actual interment or cremation is at a later date, or two (2) of five (5) days where travel is required.

Full salary shall be deducted for absence for this purpose beyond five (5) days unless otherwise approved by the Superintendent.

(v) To attend the funeral of a relative outside the immediate family who was not a member of the household, an allowance of up to one (1) day. For the purposes of this article a relative is defined as an uncle, aunt, cousin, niece or nephew or a spouse or partner’s (as defined in clause (x)(i) below) grandparents, uncle, aunt, cousin, niece or nephew.

(vi) In the event of the death of a mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandchild or grandparent, who is not a member of the employee’s household, three (3) consecutive working days’ leave without loss of salary will be granted and an additional two (2) consecutive days’ leave may be granted with loss of salary at the substitute rate. Such days may be taken only in the period which extends from the date of death up to and including the day following interment, or three (3) (five (5) if additional loss of salary days granted) consecutive working days following the death, whichever is the greater. One (1) bereavement leave day may be retained at the employee’s request for use in the case where actual interment or cremation is at a later date, or two (2) of three (3) days where travel is required.

(vii) If an employee is absent on sick leave, a statutory holiday, break periods or is absent from the service of the Division for any reason whatsoever, then the employee will not be granted bereavement leave in addition to any one of the aforesaid absences except as allowed under the collective agreement.

Notwithstanding the above an employee may retain one (1) bereavement leave day for use in the case where actual interment is at a later date or two (2) days where travel is required.

(viii) For quarantine of place of residence, a period not exceeding five (5) days to permit the teacher to secure other accommodation and eliminate any possibility of carrying infection into the school.

(ix) For up to one (1) day in the case of a teacher for either the birth of that teacher's child or children resulting from that teacher's spouse's or partner's pregnancy or the serious illness of that teacher's spouse or partner directly related to the pregnancy provided, however, if the entitlement to the leave is not taken then this entitlement shall cease two (2) days after the spouse or partner is discharged from hospital. Partner shall be defined as set out in clause (x)(i) below.

(i) For the purpose of Section 5.1 2 (a) (iv), (v) (vi) and (x), Partner shall be defined as being where a teacher establishes that he/she has been residing with a person of the same gender and has lived with that person in a marriage-like relationship for at least twelve (12) months and has publicly represented that person as his/her spouse, that person shall be deemed to be the same gender partner of the teacher.

(x) For up to one (1) day for the purpose of adopting a child.

(xi) For up to one (1) day in any case which the Superintendent may determine as sufficient to warrant such leave.

(xii) Each teacher, subject to the availability of a suitable substitute, shall be entitled to one (1) (two (2) days effective September 2015) days leave of absence for personal reasons at no cost to the teacher. The Division shall not require teachers to provide reasons for their requests for personal leave.

Unless there are extenuating circumstances, request for a leave is on a first come, first served basis. In schools with forty (40) or more equivalent full time teachers no more than three (3) teachers shall be granted leave on the same day. In schools with less than forty (40) full time equivalent teachers no more than two (2) teachers per school shall be granted leave on the same day.

The personal leave day shall be used in its entirety. Personal leave may accumulate from one school year to the next to a maximum of two (2) days (three (3) days effective September 2015). Teachers employed on a part time basis who have a Schedule C or D contract shall be entitled to one day of leave of absence for personal reasons pro rated based on full time equivalency. The personal leave day(s) a part-time teacher is entitled to are pro-rated based on full-time equivalency, for clarity a one half time teacher is entitled to one half of a full time equivalent day (x2).

Teachers shall not be granted leave for the following days, except as may be approved by the Director of Human Resources:

a) On any in service day, parent teacher day or administration day designated by the Division or school;

b) To extend the time off for Winter, Spring or Summer breaks.

Personal leave days may not be combined with other discretionary days where the combined total number of consecutive work days is greater than three (3).

(b) When permission for leave has been granted, deductions from salary will be made when teachers are absent for the following reasons:

(i) In the case of absence for an approved purpose, which involves financial recompense for a teacher, the amount of this recompense may be deducted from the teacher's regular salary up to the amount that the teacher would have earned during the period of absence.

(ii) In the case of absence for a purpose, including personal business, approved by the Superintendent, a teacher may receive regular salary less the rate for a substitute in the teacher's salary classification.

(iii) In the case of absence for a short leave granted for study approved by the Superintendent, allowances shall be made as follows:

(i) No deduction if the teacher is in receipt of a School Division bursary or has been specially requested by the School Division to undertake a course.

(ii) No deduction for first five (5) days, the minimum rate for a substitute on the same class for the next five (5) days, and, for each day thereafter, the actual cost of the substitute.

Section 5.2 Leave of Absence

1. Any teacher may be granted leave of absence for study for one (1) year and such leave may be extended if necessary to complete a program of study. Teachers who have not completed two (2) years of service shall not be eligible for leave of absence for any reasons other than study or illness.

2. Teachers who have completed two (2) years of service shall be eligible for leave of absence for study or for other purposes subject to the following:

(a) All requests for leave of absence shall be made through the principal by letter to the Superintendent for referral to the Board.

(b) Applications for leave of absence for the ensuing school year shall be filed with the Superintendent not later than the last teaching day in April. Where leave is requested during the school year, applications shall be filed with the Superintendent, where possible, at least thirty (30) days prior to date on which leave is requested.

(c) Leave of absence may be granted for a period not to exceed one (1) year. Applications for extension of leave will be accepted subject to any special regulations governing the type of leave requested.

(d) Teachers granted leaves of absence will be provided, at the termination of the leave, the same or a comparable position to that held immediately preceding the taking of leave provided the teacher on leave notifies the Division no later than the first teaching day of April in any school year prior to the next school year of their intention to return to teach in the Division. Where a teacher has failed to notify the Division by the first teaching day of April of his/her intention to return, that teacher will be notified no later than May 31st that their contract has been terminated.

(e) Leave of absence may be granted for reasons of health or for partial or suspected disability. Such applications shall be supported by a report from the teacher's medical attendant setting forth the diagnosis.

(f) Leave of absence may be granted for personal reasons such as illness in teacher's family, provided that the maximum period for which such leave may be extended shall be limited to three (3) years.

(g) Leave of absence may be granted in order that teachers may engage in educational work other than teaching provided that leave for this purpose shall be limited to one (1) year.

(h) Teachers may be granted leave of absence for the purpose of undertaking a teaching assignment sponsored by the Department of Foreign Affairs of the Government of Canada or other similar assignments provided that the maximum period for which such leave may be extended shall be limited to three (3) years.

(i) Teachers may be granted leave of absence to engage in teaching elsewhere when in the opinion of the School Division, there are extenuating circumstances to warrant the granting of such leave. Leave for this purpose shall be limited to one (1) year.

(j) Teachers may be granted leave of absence to engage in an occupation other than teaching, (provided that leave for this purpose shall be limited to one (1) year) when, in the opinion of the School Division, there are extenuating circumstances to warrant the granting of such leave. Leave for this purpose shall be limited to one (1) year.

(k) Teachers may, upon filing a prior written request with the Division and furnishing proof of the reason for the request, be granted a leave of absence without pay up to a maximum of ten (10) weeks for parental leave.

(l) Leave of absence may be granted for temporary service in the armed forces during peace time.

(m) Time spent on leave of absence shall not be used for determining entitlement to annual salary increments, except as provided in Article 9.04(a) of the Collective Agreement.

1. MATERNITY LEAVE

1.1 General
1.1.1 An employee who is pregnant is eligible for maternity leave in accordance with the Manitoba Employment Standards Code. Every effort will be made by the Division in conjunction with the employee's attending physician to protect the health and safety of the pregnant employee.

1.1.2 Employees must submit an application in writing for maternity leave at least four (4) weeks before the date specified in the application as the day the leave is to commence.

1.1.3 Employees must provide the Division with a certificate from a duly qualified medical practitioner certifying that the employee is pregnant and specifying the estimated date of delivery.

1.1.4 Maternity leave shall consist of a period, not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate referred to in 1.1.3.

1.1.5 Maternity leave shall consist of a period, of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate referred to in 1.1.3 and the actual date of delivery, if the delivery occurs after the date specified in the certificate.

1.2 Commencement and Termination Dates of Leave
1.2.1 Maternity leave granted to an employee in accordance with Section 1.1 shall commence no earlier than seventeen (17) weeks preceding the date specified in the certificate referred to in 1.1.3 and shall terminate no later than seventeen (17) weeks following the actual date of delivery.

1.2.2 An employee may terminate the maternity leave earlier than the day set out in 1.2.1 by giving written notice not less than one pay period prior to the day the employee wishes the leave to terminate.

1.3 Special Leave Related to Pregnancy
An employee who does not submit an application for maternity leave in accordance with clause 1.1.2, but who except for the non-compliance with that clause would have been eligible for maternity leave, is entitled to and shall be granted leave consisting of:

1.3.1 such period or periods within the seventeen (17) weeks immediately preceding the estimated date of delivery as certified by a duly qualified medical practitioner, if the Division is provided with a certificate from a duly qualified medical practitioner stating that during the period or periods mentioned in the certificate the employee:
(i) was incapable of performing the normal duties of employment, or
(ii) will be incapable of performing the normal duties of employment, by reason of a medical condition that is or was directly attributable to her pregnancy;

1.3.2 such further period granted under 1.3.1 when added to the leave granted under clause 1.3.1 will not exceed the amount of maternity leave to which an employee is entitled.

1.4 Special Entitlement to Leave
An employee who does not apply for maternity leave under subsection 1.1.2 or 1.3.1 shall be granted leave for a period not exceeding the period of maternity leave to which she is entitled under subsection 1.1.4 or 1.1.5.

1.5 Limitation
Notwithstanding anything contained in subsections 1.3 and 1.4, leave granted to an employee under any of those subsections shall terminate no later than seventeen (17) weeks following the actual date of delivery.

1.6 Supplemental Unemployment Benefit Plan (Maternity)
1.6.1 An employee except those covered by the Canadian Union of Public Employees, Local 110, and Trades Agreements taking maternity leave pursuant to this section 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 the leave was taken, this pay to include any benefits received from Human Resources Development Canada (HRDC) to a Supplemental Unemployment Benefits (SUB) Plan.

1.6.2 With respect to the period of maternity leave, payments made according to the SUB Plan will consist of the first seventeen weeks as follows:
a) For the first two weeks (waiting period) payment equivalent to ninety percent (90%) of gross salary, and

b) For up to the next immediate fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety percent (90%) of gross salary.

1.6.3 Where an employee intends to take additional leave, that employee must commence the leave immediately following expiry of the maternity leave without a return to work after the expiry of the maternity leave.

1.6.4 An employee taking additional leave is entitled, provided the terms and conditions of the Master Policies so provide, to prepay the cost of such benefit plans for the duration of the leave. Where the employee prepays the cost, such payment will include both the employee’s and Division’s share of the costs.

1.6.5 The HRDC start date for the maternity leave waiting period is the start date for which an employee is eligible for payment under this section.

1.6.6 For ten (10) month employees where any portion of the seventeen (17) weeks of maternity leave falls during the summer break, winter break, spring break or any other period when the employee is not earning salary, the employee is not entitled to receive top up benefits for that portion of the maternity leave.

1.6.7 Subject to the qualifying period being met where an employee has commenced maternity leave prior to the adoption of this policy and a portion of the first seventeen (17) weeks falls after that date, the employee shall be entitled to receive the paid maternity leave benefit for that portion (if any) of the first seventeen (17) weeks of maternity leave that falls after the date of adoption of the policy.

1.6.8 A specific application or registration for a SUB Plan is not required. The only requirement from HRDC is that the comment section of the Record of Employment confirm that the conditions of Section 38 of the Employment Insurance Regulations are met.

1.6.9 Employees must be regular full time or part time employees (not term/temporary) of the Division during the period when maternity leave benefits may be paid by the Division in order to be eligible to receive those payments.

1.6.10 The qualifying period of seven (7) consecutive months in the employ of the Division must be served as per the Employment Standards Code in order to qualify for any Supplemental maternity leave payment. Should an employee fail to serve the full qualifying period prior to the start of the maternity leave, then that employee shall be eligible to receive maternity leave benefits only for that portion of the seventeen (17) weeks which occurs after the completion of the seven (7) month qualifying period.

1.6.11 The Division requires each employee on maternity leave, to provide a copy of the letter from HRDC that confirms their approval with effective dates for maternity benefits in order to calculate benefits accurately.

1.6.12 Employees not eligible for maternity leave benefits from HRDC shall not be eligible for the Supplemental Unemployment Benefits Plan.

1.6.13 Should payments to employees be required prior to receipt of the statement from HRDC, an estimate of the entitlement will be made with an adjustment made following receipt of the statement.

1.7 Parental Leave (Maternity)
1.7.1 An employee who becomes the natural mother of a child is eligible for parental leave without pay.

1.7.2 Employees must submit an application in writing for parental leave at least four (4) weeks before the date specified in the application as the day the leave is to commence.

1.7.3 Employees taking parental leave in addition to maternity leave must commence the parental leave immediately on expiry of the maternity leave without a return to work after expiry of the maternity leave and before the commencement of the parental leave.

1.7.4 Parental leave shall consist of a period not exceeding thirty-seven (37) consecutive weeks.

1.7.5 An employee who gives less notice than specified in 1.7.2 shall be eligible for a period of parental leave of thirty-seven consecutive weeks less the number of days by which the notice given is less than four weeks.

1.7.6 An employee may terminate the parental leave earlier than the date set out in 1.7.4 or 1.7.5 by giving written notice not less than one pay period prior to the day the employee wishes the leave to terminate.

1.8 Reinstatement of Employee
An employee who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits.

1.9 Employment Deemed Continuous
For the purpose of calculating pension and other benefits of an employee to whom leave is granted in accordance with Sections 1.1 and 1.7 employment after the termination of that leave shall be deemed to be continuous with employment before the commencement of that leave.

1.10 Additional Personal Leave for Staff
Additional personal leave following parental leave may be granted to an employee provided mutually satisfactory agreement can be concluded between the Division and the employee.

1.11 Authorization for Leave
The Chief Superintendent or designee is authorized to grant leaves in accordance with the Maternity Leave section, with the exception that additional leave requested in accordance with section 1.10, shall require approval of the Board.

3. ADOPTIVE LEAVE

3.1 General
3.1.1 An employee who has adopted a child is eligible for adoptive leave in accordance with the Manitoba Employment Standards Code.

3.1.2 Employees must submit an application in writing for adoptive leave at least four (4) weeks before the day specified in the application as the day the leave is to commence.

3.1.3 Adoptive leave shall consist of a period, not exceeding thirty-seven (37) weeks subject to 3.1.4, 3.2.1 and 3.2.2.

3.1.4 An employee who gives less notice than specified in 3.1.2 shall be eligible for a period of adoptive leave of thirty-seven (37) consecutive weeks less the number of days by which the notice given is less than four weeks.

3.2 Commencement and Termination of Leave

3.2.1 Adoptive leave shall commence no later than the first anniversary date of the adoption of the child or of the date on which the child comes into the actual care and custody of the employee.

3.2.2 An employee may terminate the adoptive leave earlier than the date set out in 3.1.3 or 3.1.4 by giving written notice not less than one pay period prior to the date the employee wishes the leave to terminate.

3.3 Supplemental Unemployment Benefits Plan (Adoptive)

3.3.1 An employee except those covered by the Canadian Union of Public Employees, Local 110, and Trades Agreements taking 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 HRDC to a SUB Plan. The implementation of this clause is subject to the successful arrangement of a SUB Plan with HRDC.

3.3.2 In respect of the period of adoptive leave, payments made according to the SUB Plan will consist of the first ten (10) weeks as follows:

a) for the first two (2) weeks (waiting period), payment equivalent to his/her ninety percent (90%) of gross salary, and
b) for up to the next immediate eight (8) weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety (90%) of his/her gross salary.

3.3.3 Where the employee intends to take additional leave, the employee must commence the leave immediately on expiry of the adoptive leave without a return to work after expiry of the adoptive leave.

3.3.4 An employee taking additional leave is entitled, provided the terms and conditions of the Master Policies so provide, to prepay the cost of such benefit plans for the duration of the leave. Where the employee prepays the cost, such payment from the employee will include both the Division and employees’ share of the costs.

3.3.5 The HRDC start date for the adoptive leave waiting period is the start date for which an employee is eligible for payment under this section.

3.3.6 For ten (10) month employees where any portion of the ten (10) weeks for adoptive leave top-up falls during the summer break, winter break, spring break, or any other period for when the employee is not earning salary, the employee is not entitled to receive adoptive leave benefits pursuant to this Article for that portion of the adoptive leave period.

3.3.7 Subject to the qualifying period being met, where an employee has commenced adoptive leave prior to the date of adoption of this policy, and a portion of the first ten (10) weeks falls after that date, the employee shall be entitled to receive the paid adoptive leave benefit for that portion (if any) of the first ten (10) weeks of adoptive leave that falls after the date of adoption of the policy.

3.3.8 A specific application or registration for a Supplemental Unemployment Benefits Plan is not required. The only requirement from HRDC is that the comment section of the Record of Employment confirm that the conditions of Section 38 of the Employment Insurance Regulations are met.

3.3.9 Employees must be regular full or part-time employees (not term/temporary) of the Division during the period when adoptive leave benefits may be paid by the Division in order to be eligible to receive those payments.

3.3.10 The qualifying period of seven (7) consecutive working months in the employ of the Division must be served, as per the Employment Standards Code, in order to qualify for any adoptive leave payment. For greater certainty, should an employee fail to serve the full qualifying period prior to the start of the adoptive leave, then that employee shall be eligible to receive adoptive leave benefits only for that portion of the ten (10) weeks which occurs after the completion of the seven (7) month qualifying period.

3.3.11 The Division requires, from each employee on adoptive leave, a copy of the letter from HRDC that confirms their approval with effective dates for adoptive benefits in order to accurately calculate her entitlement.

3.3.12 Employees not eligible for adoptive leave benefits from HRDC shall not be eligible for the Supplemental Unemployment Benefits Plan.

3.3.13 If both adoptive parents are employed by the Division only one employee shall be eligible for the Supplemental Unemployment Benefits Plan.

3.3.14 Should payments to employees 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.

3.4 Reinstatement of Employee
An employee who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits.

3.5 Employment Deemed Continuous
For the purpose of calculating pension and other benefits of an employee to whom leave is granted in accordance with this section, employment after the termination of the leave shall be deemed to be continuous with employment before the commencement of the leave.

3.6 Additional Personal Leave
Additional personal leave may be granted to an employee provided a mutually satisfactory agreement can be concluded between the Division and the employee.

3.7 Authorization for Leave
The Chief Superintendent or designee shall be authorized to grant leaves in accordance with the Adoptive Leave Section, with the exception that additional leave requested in accordance with Section 3.6 shall require approval of the Board.

The Chief Superintendent or designee, upon review of the request, may grant short leaves of absence to teaching/clinical staff in accordance with the following:

7.1.4 Writing exams for university standing. Allow one-half (1/2) day per exam up to two (2) exams.
For three (3) or more exams (half-days) deduct excess at substitute rate.

7.1.5 Studying for exams. Deduct at one two-hundredths (1/200) of annual salary.

7.1.6 University or Community College Convocation:
- own. Allow one (1) day in town, excess at substitute rate.

- immediate family. Allow one (1) day; excess at one two-hundreths (1/200) of annual salary.

7.1.7 Graduation (High School):
- immediate family. Allow up to one day.

7.1.8 For study (in early summer sessions, etc.) Allow.
on bursary or course undertaken at School
Division's request.

Other study with the prior approval of the Allow up to five (5) days; deduct at substitute rate
Division. for next five (5) days; remainder of actual cost of substitute.

Note: Leaves approved in accordance with section 7.1.9 shall be limited to one occurrence in any school year.

7.1.9 To attend a convention or meeting of an Allow up to five (5) days.
organization with a program relevant to
the teacher's position, with the prior
approval of the Division.

7.1.10 To deliver an address before an educational Allow.
body.

7.1.11 Approved absence which involves financial Amount of recompense may be deducted.
recompense for a teacher.

7.1.12 Adjudicating at festivals, etc. Deduct at substitute rate.

7.1.13 Public service meetings:
- council, school board, etc. Deduct at substitute rate.

7.1.14 Musical Festival (own performance).                                  Deduct at substitute rate.

7.1.15 Participation in sports:
- for employees participating in league,                                         Deduct at one two-hundredth of (1/200) of annual
    league championship, zone or round                                          salary.
    robin play, invitational meets or
   qualifying competitions.

- for employees selected as representatives                                  Deduct at substitute rate.
   of the city in semi-final or final provincial
   competition .

- for employees selected by Sports Manitoba                               Allow.
   as representatives of the Province participating
   in semi-final or final National competition.

- for employees selected to be members of Allow.
National teams of Canada competing in
International competition.

Note: The above shall include both competitors and coaches. Coaches receiving recompense for days allowed by the Division shall reimburse the Division the amount of the recompense.

- other approved requests (eg. officiating). Deduct at one two-hundredths (1/200) of annual salary.

Note: Leaves approved in accordance with section 7.1.16 shall not exceed five (5) days in total, in any school year.

7.1.16 Wedding:
- own.                                                                                            Deduct up to three (3) days at substitute rate. Permission may
                                                                                                      be granted for up to five (5) days except in weeks when a holiday
                                                                                                      occurs, fourth (4th) and fifth (5th) days at one two-hundredths
                                                                                                      (1/200) annual salary.

- in immediate family.                                                                      In town one-half (1/2) day substitute rate, out of
                                                                                                      town one (1) day at substitute rate. Deduct at one
                                                                                                      two-hundredths (1/200) annual salary for excess.

7.1.17   Birth of a teacher’s child resulting from the                          Allow one (1) day. This entitlement ceases two (2) days
teacher’s spouse or common law spouse’s                                       after the spouse or common law spouse is discharged
pregnancy.                                                                                      from the hospital.

- Adopting a child. Allow one (1) day.

7.1.18 Moving. Deduct at one-two hundredths (1/200) of annual salary.

7.1.19 Approved late return from travel (or early Deduct at one two-hundredths (1/200) of annual
departure). salary.

7.1.20 For quarantine of place of residence. Allow up to five (5) days.

7.1.21 Curriculum committee meetings. No deduction. Cost of substitute charged to Manitoba Education.

7.1.22 Extra Curricular Activities
a) In any school year (as defined by the Minister of Education and Advanced Learning), a teacher will be entitled to a paid leave of absence of one day provided that:

     i) he/she performs 50 hours of eligible extra-curricular duties during the school year;
     ii) the date for such leave has been agreed upon between the principal and the teacher;
     iii) the eligible day leave of absence must be taken within the current school year; and
     iv) the date for such leave is not adjacent to any holiday period.

b) “Extra-curricular activities” means student-related athletic, social, leadership, recreational and cultural activities, occurring outside the normal school day, but does not include activities related to academic or instructional matters or curriculum subjects outside the normal school day, whether such occur alone or with students, parents or administrative staff, such as (without limitation) staff meetings, parent/teacher meetings, committee work, in-service sessions, marking and setting examinations, or marking school assignments.

c) An eligible extra-curricular activity is an activity which has received prior approval from the school principal.

d) Extra-curricular activities as described hereinbefore are voluntary.

7.1.23 The Chief Superintendent or designate has authority to grant personal leave in other special circumstances for up to one (1) day with no deductions from salary or with deduction at substitute rate or one two-hundredths (1/200) of annual salary.

WINNIPEG TEACHERS' ASSOCIATION

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

CODE OF RULES AND REGULATIONS