MEMORANDUM OF AGREEMENT
BETWEEN THE WINNIPEG SCHOOL DIVISION
- and -
THE WINNIPEG TEACHERS' ASSOCIATION
of THE MANITOBA TEACHERS' SOCIETY
The following sets out the basis of an Agreement made between The Winnipeg Teachers' Association and The Winnipeg School Division made as of the of 17th day of February, 2017.
Maternity, Parental/Adoptive Leaves
The parties agree to delete article 21.05 and replace it with the following:
Article 21.05 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 21.05 3) 4) and 5), 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 commencing the leave;
(b) where the Maternity or Parental/Adoptive Leave spans two (2) school years, the teacher 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 Division agrees to extend the leave;
(d) the Division will pay the employer’s portion of the benefits contained in Articles 19.01 and 19.03 for the leave periods.
3. The teacher and the Division may mutually agree to extend the length of the leave if the teacher so desires. Any such arrangements to be confirmed in writing by the Division and will be in accordance with the Code of Rules.
Maternity Leave
4. Every female teacher who has been employed by the Division 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
5. Every teacher who has been employed by the Division 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
6. Effective July 1, 2017 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 salary the teacher was receiving at the time the leave commenced 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.
7. Effective July 1, 2017, the Division shall pay a teacher on Maternity Leave and/or Parental/Adoptive Leave:
(a) if the teacher's one (1) week or five (5) day waiting period falls entirely on teaching days, ninety (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments plus up to eighty (80) days of Maternity Leave Top-up calculated at the difference between the teacher's employment insurance benefit and ninety (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments provided the teacher remains on either Maternity or Parental Leave and continues to receive employment insurance benefits;
(b) if the teacher's one (1) week or five (5) day waiting period falls partially or entirely within a non-teaching period, ninety (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments for any teaching days in that period, 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 (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments 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 (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments provided the teacher remains on Parental/Adoptive Leave and continues to receive employment insurance benefits.
For greater certainty, a teacher who takes both Maternity Leave and Parental Leave and is receiving employment insurance benefits shall be entitled to receive pay and/or top-up benefits from the Division of up to one hundred and thirty-five (135) teaching days, a teacher who takes only Maternity Leave and is receiving employment insurance benefits shall be entitled to receive pay and/or top-up benefits for up to eighty-five (85) teaching days, and a teacher who takes only Parental/Adoptive Leave and is receiving employment insurance benefits shall be entitled to receive pay and/or top-up benefits for up to fifty (50) teaching days. 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.
Non-Application
8. 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 entitled to receive the top-up benefits once they have been employed for a period of seven months by the Division.
THE WINNIPEG SCHOOL DIVISION THE WINNIPEG TEACHERS' ASSOCIATION
of THE MANITOBA TEACHERS' SOCIETY
Chair President
Secretary-Treasurer Business Agent