PRAIRIE SPIRIT TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2018/07/01 - 2022/06/30

ARTICLE 5 OTHER LEAVES OF ABSENCE

5:01 Sick Leave

  1. It is agreed by the parties that sick leave entitlement shall be granted by the Division where an employee is unable to be at work and to perform their regular duties as a result of illness or injury, or as stipulated in 5:02.

 

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  1. Each teacher who is employed by the school board and teaches at least the first day of school shall be credited with twenty (20) teaching days sick leave, prorated based on full time equivalents (FTE), with salary at the beginning of the school year.  If sick leave is unused, it will be accumulated to a maximum number of days, prorated, based on full time equivalents (FTE) as follows:

September 1st, 2015       115 days

September 1st, 2016       120 days

September 1st, 2017       130 days

  1. Where an employee does not teach the first day of school then sick leave shall be credited on a prorated basis using the following calculation:

                        No. of days remaining in the school year        X   20

                                                200

 

  1. The provision of 20 sick days in any year shall be prorated in the following circumstances:
    • Where an employee commences employment at a time other than the commencement of the fall term,
    • Where an employee returns from a leave at a time other than the commencement of the fall term,
    • Where an employee terminated employment during the school year for reasons other than sickness,
    • Where an employee does not work a full school year for reasons other than sickness.

 

  1. For the purposes of determining sick leave under the collective agreement:
  1. Sick leave cannot be accumulated when a teacher is absent from school because of sickness; and
  2. The number of days a teacher is on sick leave with pay shall be deducted from the teacher’s accumulated sick leave with pay entitlement.

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  1. Sick leave shall not continue to accrue while on any leave of absence without pay.

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  1. Full sick leave entitlement shall be provided to a pregnant teacher who, as a result of her condition before delivery, is unable to be at work and perform her regular duties for a valid health-related reason.  The pregnant teacher shall follow current proof of claim procedures for sick leave entitlement as may be required by the Board.

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  1. The rebates (presently 5/12th) based on the previous calendar year’s premiums realized from the Employment Insurance Commission as a result of the extended sick leave coverage shall be remitted in one annual lump sum on March 1st to the Treasurer of the Teachers’ Association.

5:02 Sick Leave for Family Related Matters

  1. Effective September 1st, 2015, up to five (5) days of sick leave entitlement per school year may be used for family related matters (illness, injury, medical appointments) for the teacher’s spouse, teacher’s common law spouse, children (shall include natural, step, or foster children), parents or parents-in-law.  Where both parents are employees of the Division, only one parent may utilize the above days at any one time.  This leave is non cumulative from one school year to the next school year.  This leave is prorated for part time teachers. 

 

  1. Every effort shall be made to schedule medical appointments outside of school hours.

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  1. Additional leave may be granted at the discretion of the Superintendent.

5:03 Compassionate Leave

  1. Each teacher shall be allowed compassionate leave without loss of salary for up to, but not exceeding, three (3) days per circumstance in the case of death, serious illness, or other tragedy in the immediate family of the teacher, spouse or common-law spouse.

 

  1. “Immediate family” shall include spouse, common-law spouse, son, daughter, son-in-law, daughter-in-law, father, mother, brother, sister, brother-in-law, sister-in-law, grandparents, or grandchildren.  (Children and grandchildren shall include natural, step, or foster children).

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  1. Effective September 1st, 2015 each teacher shall be allowed one (1) day leave in any one school year, at no salary deduction, to attend the funeral of other relatives or friends.

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  1. Additional Leave with or without salary, may be granted by the Superintendent provided there are extenuating circumstances.

5:04 Personal Leave

  1. Each teacher, upon notification to the Principal and/or Superintendent, shall be allowed two day leave of absence per school year without loss of pay, for personal reasons.  Effective September 1st, 2015 personal leave days must be used in the current school year.

 

  1. Teachers who, for the 2014/2015 school year were entitled to one personal leave day but did not use their day, and were intending to carry over the one day to the 2015/2016 school year shall be allowed to carry over the unused day to the 2015/2016 school year.  Thereafter, the no carry over provision will apply.

5:05 Leave for Other Purposes

  1. In all cases of absence from teaching duties not covered by the Collective Agreement or Board Policy, the teacher shall have their salary reduced as follows:
    1. By the amount paid the substitute teacher by the Board for a total of one (1) day of leave during the school year,
    2. By the amount paid the substitute teacher by the Board for an additional one (1) day of leave during the school year as long as not more than two (2) consecutive days of personal leave be taken in any one instance; and
    3. In all instances noted above, the permission of the Principal and/or Superintendent must be obtained and subsequent reports submitted to the Division Office.

 

  1. By 1/200th of the current annual salary rate of the teacher involved for each subsequent day of leave.

5:06 Fostering Continued Education

  1. Teachers absent from duties for the purpose of writing an examination shall have their salary reduced by the amount paid the substitute teacher by the Board.

 

  1. The Board shall pay tuition fees for courses taken at the request of the Board.

5:07 Teacher Convocation Leave

Any teacher absent from duties for the purpose of attending their own convocation shall have their salary reduced by the amount paid the substitute teacher by the Board.

5:08 Leave for Jury and Witness Duty

An employee who is summoned for jury duty or who receives a summons or subpoena to appear as a witness in a court proceeding, other than a court proceeding occasioned by the employee’s private affairs, or a court action against the employer School Division, shall be granted a leave of absence with pay for the required period of absence and all jury or witness monies received, by the employee (less that received for meals, transportation, and lodging) shall be remitted to the Division.

5:09 Leave in Recognition for Extracurricular Activities

  1. A teacher who is involved in extracurricular activities will be eligible for one half day of leave for each twenty-five (25) hours of extracurricular service to a maximum of two (2) days leave per school year.  The teacher, will submit, to the Principal, a summary of hours of direct contact time spent on each activity.  Hours will include scheduled practices, games, travel time to games, or tournaments, performances, rehearsals and meetings (eg. yearbook, student council, etc.).  Hours accrued cannot be carried from one school year to the next.

 

  1. Extracurricular activities which would qualify under this clause include all interschool sports, yearbook, drama and public performances, student council and leadership, school reach, awards night, etc.  The Principal will retain authority in consultation with the Superintendent to adjudicate whether a specific activity not listed here qualifies under this clause.  The timing of the leave must be approved by the Principal.  Leave days accumulated in one school year may be taken in that or the following school year.

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  1. Participation in extra curricular activities shall be voluntary.

5:10 Leave for Executive Duties

  1. A teacher, being a member of the Manitoba Teachers’ Society Executive Committee or of the Executive Committee of any branch thereof, or of any special committee of the Society, or being appointed an official representative or delegate of the Society or any branch thereof, and being authorized by the Executive Committee of the Society to attend a meeting of the committee of which they are a member, or to act as a representative or delegate, shall be excused from school duties for either purpose or both purposes on not more than a total of ten (10) teaching days in any one school year, provided that a substitute satisfactory to the Board can be secured and that the cost of providing such a substitute is assumed by the Society.  A maximum of seventy-five (75) days in total may be taken for the purpose mentioned above during any school year by the members of the Association.  In all cases, the teacher shall give reasonable notice to the Board prior to requiring such leave.
  1. In addition to the ten (10) days granted in accordance with the provisions of Section One of this article, any teacher who is elected president of the Prairie Spirit Teachers’ Association shall be granted an additional ten days in any school year provided that the Society assumes the cost of providing the substitutes.  The Association shall reimburse the division for such substitute costs.
  1. Association President Leave

 

  1. The Association President as determined by the Association shall be granted a leave of absence of 50%, 75% or 100% with pay as authorized by the Association or MTS and during the period of such leave of absence shall be deemed to be in the full employ of the Division.  The request for leave time is to be made by the Association on or before April 30 for the following school year.  “Full employ” means the employer will continue to pay the full salary, benefits, pension contributions and all other contributions and benefits they would receive as if they were not on leave.  In addition, the President shall continue to be entitled to all benefits and rights under the Collective Agreement, at the cost of the employer where such costs are identified by the Collective Agreement.
  1. During the leave(s) the Association shall reimburse the Division for 100% of such salary, benefits, pension contributions and all other contribution costs upon receipt of a monthly statement.
  1. In the event the Association President shall, as determined by the Association in accordance with the Bylaws of the Association, become unwilling or unable to fulfill the duties of the President;

i. the Association may in writing advise the Division that the Leave for such person is  no longer required and such leave shall immediately terminate,

ii. the former President shall be returned to his/her former position with the Division in accordance with the Collective Agreement,          

iii. the Association shall cease to have any responsibility to reimburse the Division for any costs associated with said leave, and

iv. the Association may in writing advise the Division that a new teacher will assume the role of President for the duration of the unexpired term.  In such case, the replacement shall be granted Leave on the same terms and conditions as provided for the President Leave herein.  The timing of the leave for the replacement president shall be as mutually agreed between the Association and the Division.

5:11 Sabbatical Leave

  1. The Board may, upon request, grant Sabbatical Leave to members of the teaching staff.

 

  1. Sabbatical Leave may, upon request, be granted to a maximum of one teacher per year.

 

  1. Where all other considerations are very nearly equal, seniority shall be the basis for awarding Sabbatical Leave.

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  1. All applications must be submitted not later than February 1st of the year in which consideration is asked.

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  1. Remuneration while on Sabbatical Leave shall be the current basic salary received by the teacher when leave was granted – calculated to a maximum of $47,300.00 effective July 1st, 2004, and such amount to be adjusted annually by the average percentage change negotiated under 3:03.

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  1. Sabbatical Leave will be granted for further academic study.  The merit of the particular program chosen should be set forth by the teacher applying in a letter to the Board.

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  1. Teachers with five (5) years seniority in the Division may qualify.

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  1. Payment of the award shall be made on a monthly basis in the same manner as it is presently for teachers on staff.  Payment of the award will be made with the provision that the teacher shall return to the Division.  If the teacher desires to seek employment elsewhere, the teacher shall repay the amount received as set out below:​​​​​​​​​​
  1. If not returning – full payment
  1. If returning for one year only – 75%
  1. If returning for two years only – 50%
  1. If returning for three years – NIL

 

  1. If a teacher fails to return after Sabbatical, or leaves prior to the end of the forgiveness period, repayment, including interest at the Division’s borrowing rate, shall be made on or before September 1st of the year the teacher would normally resume work in the Division.  Upon returning from Sabbatical Leave, the teacher shall assume a position in the Division which is compatible with their training and experience.

5:12 Deferred Salary Leave Plan

  1. The Deferred Salary Leave Plan as administered by the Division shall be as enunciated in the Master Agreement between the Division and the Association.

 

  1. The Deferred Salary Leave Plan shall come into effect August 30th, 1989.  Agreement to administer such a plan shall be written into and become a part of the Manual of Policies and Procedures of Prairie Spirit School Division.

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  1. The “Committee” shall be the Negotiation Committee of the Prairie Spirit Board of Trustees and the Collective Bargaining Committee of the Prairie Spirit Teachers’ Association.

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  1. An “Eligible Teacher” shall be a teacher signed to a Form 2 and employed by, and in, the Prairie Spirit School Division for a minimum of two years.

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  1. Leave under the Deferred Salary Leave Plan shall not exceed one school year.

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  1. Deferred Salary Leave shall not constitute a break in tenure, but will not count as a year of experience for the purpose of increments.

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  1. The maximum number of leaves tenable in any one year shall not exceed one, or, as otherwise agreed by the Committee.