PRAIRIE ROSE TEACHERS' ASSOCIATION

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

ARTICLE 14: LEAVES

14.01: SICK LEAVE

  1. It is agreed by the parties that sick leave entitlement shall only be granted by the Division where an employee is unable to be at work and perform regular duties as a result of illness or injury or medical leave as set out in Articles H) and I) hereof.
  1. Except as hereinafter provided, a teacher shall be entitled to sick leave not exceeding twenty (20) teaching days in any school year.  Where the employment of a teacher is continued for more than one (1) year, the unused portion of the sick leave in any year(s) shall be carried forward and accumulated from year to year.
  1. Unused sick leave shall accumulate to a maximum of 130 days. In each school year the number of sick days used shall be deducted from the total accumulation.
  1. There shall be no accumulation of sick leave during periods of leave of absence.
  1. Teachers employed on a fixed-term contract or on a part-time basis under contract shall be entitled to sick leave on a pro-rata basis.
  1. The Division may request that a teacher provide a medical certificate.
  1. A 5/12th share of the E.I. premium reduction shall be remitted at the end of each term to the Association.  In compliance with the EI Premium Reduction Program, Prairie Rose School Division guarantees that one day of sick leave of the two days of paid sick leave allowed monthly, will be reserved for the teachers’ use only.
  1. A teacher shall be granted up to 4 days of compassionate medical leave to attend to each case of a life threatening illness or injury in the immediate family of the teacher.  Immediate family shall include spouse, parents, sons, daughters, brothers and sisters, and wards.  This leave shall count against the teacher’s accumulated sick leave.  Leave in excess of the above may be granted at the discretion of the Board in extenuating circumstances which are substantiated to the satisfaction of the Board with salary deduction as determined by the Board.
  1. The Division recognizes the necessity for staff to attend medical appointments.  Staff shall make every effort to schedule medical appointments outside of school hours.  Where medical appointments can only be taken during school hours, medical leave shall be granted by the Division.  Such leave shall be counted against the teacher’s accumulated leave.
  1. The Division will report accumulated sick leave as at June 30 to each teacher by September 30 of each year.

14.02: SICK LEAVE FOR PREGNANT TEACHERS

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

14.03: BEREAVEMENT LEAVE

  1. A teacher shall be granted up to four (4) regularly scheduled consecutive work days’ leave without loss of salary in the case of death in the immediate family, defined as spouse, child, mother, father, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, step-parent, step-child, grandchild, court appointed ward, court appointed guardian.
  1. A teacher shall be granted up to two (2) regularly scheduled consecutive work days’ leave of absence without loss of salary in the case of death of a brother-in-law, sister-in-law, or grandparent of the teacher or their spouse.
  1. A teacher shall be granted up to one (1) regularly scheduled work day’s leave without loss of salary to attend to the funeral of an aunt, uncle, niece or nephew of the teacher or their spouse.
  1. A teacher shall be granted up to one (1) regularly scheduled work day’s leave of absence without loss of salary to attend a funeral as a pallbearer.  Paid leave will not be given to an employee listed as an honoury pallbearer.
  1. Short term absences on compassionate grounds, either with or without loss of pay, may be granted at the discretion of the Superintendent.

14.04: MATERNITY LEAVE, ADOPTIVE LEAVE, AND PARENTAL LEAVE

  1. Every female teacher shall be entitled to maternity leave and every teacher shall be entitled to adoptive leave in accordance with this article.
  1. Every teacher shall be entitled to unpaid parental leave.
  1. Except as otherwise provided herein, the Manitoba Employment Standards Code will apply.
  1. The teacher and the Division may mutually agree to extend the length of leave if the teacher so desires.  Any such arrangements shall be confirmed in writing by the Division.

14.04:1: SUPPLEMENTARY EMPLOYMENT BENEFITS PLAN

  1. Effective July 1, 2018, 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 teacher’s gross salary (gross salary means the teacher’s gross salary at the time the leave commenced plus any subsequently negotiated salary adjustments) 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.
  1. Effective July 1, 2018, the Division shall pay a teacher on Maternity Leave and/or Parental/Adoptive Leave:

 

    1. If the teacher’s one (1) week or five (5) day waiting period falls entirely on teaching days, ninety percent (90%) of the teacher’s gross salary plus up to eighty (80) teaching days of Maternity Leave top-Up calculated at the difference between the teacher’s employment insurance benefit and ninety percent (90%) of the teacher’s gross salary provided the teacher remains on either maternity or parental leave and continues to receive employment insurance benefits;

 

    1. If the teacher’s one (1) week of five (5) day waiting period falls partially or entirely within a non-teaching period, ninety percent (90%) of the teacher’s gross salary for any teaching days 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 percent (90%) of the teacher’s gross salary provided the teacher remains on either maternity or parental leave and continues to receive employment insurance benefits;

 

    1. Up to fifty (50) teaching days of parent/adoptive leave top-up calculated at the difference between the teacher’s employment insurance benefit and ninety percent (90%) of the teacher’s gross salary provided the teacher remains on parental/adoptive leave and continues to receive employment insurance benefits.

 

For greater certainty, a teacher who is receiving employment insurance benefits shall be entitled to:

 

    1. One hundred and thirty-five (135) teaching days of pay and/or top-up benefits if the teacher takes both maternity leave and parental/adoptive leave;
    2. Eighty-five (85) teaching days of pay and/or top-up benefits if the teacher only takes maternity leave;
    3. Fifty (50) teaching days of pay and/or top-up benefits if the teacher only takes parental/adoptive leave;

 

Unless the teacher takes a shorter period of maternity leave or parental/adoptive leave in which case, the pay and/or top-up will be pro-rated to reflect the actual number of teaching days taken. 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.

  1. Non-Application

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 eligible to receive the top-up benefits once they have been employed for a period of seven (7) months by the Division.

14.05: BIRTH AND ADOPTIVE LEAVE

Each teacher shall be allowed one day of leave without loss of pay upon the birth of each child with their spouse or common-law partner and one day upon the adoption of each child with their spouse or common-law partner.

14.06: PERSONAL LEAVE

Each teacher, upon authorization of the Superintendent, shall be allowed two days of leave of absence per school year, without loss of pay. No more than three teachers per school shall be granted said leave at the same time on a staff of twenty or more teachers.  No more than two teachers per school shall be granted said leave at the same time on a staff of ten to nineteen teachers.  A staff having less than ten teachers shall only be entitled to one teacher on a personal leave at a time.

 

One day leave of absence may be carried over to the next school year for an overall maximum accumulation of three days.  No more than two consecutive days of Personal Leave may be granted at one time.

 

Written application shall be submitted to the superintendent and where possible such application shall be made at least one (1) week prior to taking the leave.

 

Leave shall not be taken to extend summer breaks unless authorized by the Superintendent or designate.  Leave shall not be taken during either administrative or in-service days.

14.07: MAJOR RELIGIOUS HOLY DAYS

An employee under contract shall be given leave of absence up to a maximum of three (3) days per school year without loss of pay for major religious holy days observed by the employee and designated as a day of obligation by the employee’s religion.

 

Employees shall not absent themselves from duty for reasons of major religious holy days without first notifying the Superintendent or his/her designate.

The following notification period shall apply:

  1. Employees on staff requiring major religious holy leave during the school year shall provide notice in writing on the prescribed form as soon as possible after the start of the school year but not later than September 30.
  2. In instances where major religious holy leave is required prior to September 30th in the school year, notice shall be given within ten (10) working days after the start of the school year, unless the holy day falls within the first ten (10) working days of the school year, where the notice shall not be less than five (5) working days.
  3. Where the appropriate notice has not been given, major religious holy days will be provided and the employee’s regular salary will be deducted.

14.08: CREDIT COURSE EXAMINATION LEAVE

A teacher shall be allowed one day without loss of pay for each credit course examination relating to improvement of professional/academic standing, written during school hours, to a maximum of two examinations per year.

14.09: JURY/WITNESS DUTY

A teacher who is summoned for jury duty, or who receives a summons or subpoena to appear in court proceedings other than a court proceeding caused by the teacher’s private affairs, shall be granted a leave of absence with pay for the required period of absence.  The teacher shall make his/herself available for duty at his/her school during regular school hours when not required at court.  Remuneration awarded by the court (less transportation, meals and lodging allowance) shall be deducted from the teacher’s gross monthly pay.

14.10: LEAVE OF ABSENCE FOR MTS 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 of which he or she is a member, or to act as a representative or delegate of the Society or of any branch of the Society in the matter of Society business requiring absence from school, shall have the right to attend such meeting, or to act as such representative or delegate, and shall be excused from school duties for either purpose or for both purposes on not more than a total of five days in any one school year, provided that a substitute can be secured, and that the cost of the substitute, where one is needed, shall be assumed by the Society and not be a charge on the Board.  Additional leave of absence of this nature shall be granted only at the Board’s discretion. The maximum amount of combined leave under this clause for members of the association shall be 65 days in any school year.
  1. The Board agrees to grant the local Association President up to 50% release time, upon request of the Local Association.  Payment of salary and benefits for the release time will be the responsibility of the Association.  Such request is to be made on or before May 15th for the following school year.  Individuals so released will revert to their original percentage of teaching time in the following year.