BORDER LAND TEACHERS' ASSOCIATION

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

ARTICLE 5 - LEAVE PROVISIONS

5.01: SICK LEAVE

  1. Where a teacher is sick, he/she shall, be entitled to sick leave during his/her sickness and be paid his/her salary during his/her sick leave;  but subject to sub-section (B), the leave shall not exceed twenty (20) teaching days in any school year.

 

  1.  
  1. 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 to a maximum of:

                        -    40 days in the second year

                        -    60 days in the third year

                        -    80 days in the fourth year

                        -    100 days in the fifth year

                        -    120 days in the sixth year

                        -    130 days in the seventh year

  1. The posting of sick leave accumulation to pay stubs to occur when the “Bellamy” program is able to accommodate
  1. The provision of twenty (20) sick days in any year shall be pro-rated in the following circumstances:
  1. where an employee commences employment at a time other than the commencement of the fall term,
  2. where an employee returns from a leave at a time other than the commencement of the fall term,
  3. where an employee terminates employment during the school year for reasons other than sickness,
  4. where an employee commences an unpaid leave of absence for reasons other than sickness.

 

  1. For purposes of paragraph (ii), pro-ration of the twenty (20) sick days provided in any year shall be calculated as set out below:

                        No. of days of actual teaching service

                                    (including paid sick days)                           x     20

                        Total no. of teaching days in the school year

 

  1. Should the Division become eligible for a reduction in premiums under the Employment Insurance Act, the teacher’s 5/12 share of the premium reduction will be remitted twice yearly (at the conclusion of the Spring and Fall terms) to the Secretary Treasurer of the Local Association.

 

  1. Teachers employed on a part time or temporary basis and who have a contract (Form 2, Teacher – General or Limited Term Teacher - General) with the Division, shall be granted sick leave with pay pro-rated based on a full time equivalent.

 

  1. Industrial Arts Instructors and Vocational Industrial Instructors (Power Mechanics) will be covered by Workers’ Compensation.

 

  1. Family Medical Leave

Up to five (5) days of accumulated sick leave may be used for family leave.

The availability of accumulated sick leave days for family medical leave is limited to five days per school year (July 1 to June 30).

 

  1. On-The-Job Injury

When a teacher suffers an on-the-job injury and is not covered by Workers’ Compensation Board benefits and is absent from work as a result of that injury, the Division shall continue to pay the salary of that teacher during such absence, limited to the extent of the accumulated sick leave balance at the time of suffering the on-the-job injury.  The period of absence from work as a consequence of the on-the-job injury shall not be charged against the accumulated sick leave balance.

For the purposes of this section, “on-the-job injury” shall be defined as follows:

A disability resulting from an accident/incident occurring on Division premises or in the course of performing duties arising out of employment under contract with the Division.

5.02: COMPASSIONATE LEAVE

Upon request each teacher shall be allowed compassionate leave without loss of salary in the case of death or serious illness of:

  1. Father, mother, son, daughter, spouse or common-law spouse up to five days;

 

  1. Sister, brother up to four days;

 

  1. Mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, grandchild, grandparent-in-law, brother-in-law or sister-in-law up to three days;

 

  1. Upon request, each teacher shall be allowed compassionate leave without loss of salary up to one day to attend a funeral of an aunt, uncle, niece or nephew; or to attend a funeral as a pallbearer or eulogist.

 

  1. Leave beyond this amount on compassionate grounds may be granted at the discretion of the Superintendent;

 

  1. For the purpose of this article, common-law spouse shall be defined as follows:

where an employee establishes that he or she has been residing with a person and has been publicly representing that person as his or her spouse for a period of not less than one (1) year, that person shall be deemed to be the common-law spouse of the employee.

 

  1. Upon request, a teacher may be granted up to two (2) days of leave at no loss of salary for travel purposes when the funeral that they are attending is scheduled to occur a distance further than 600 kilometers from their place of residence.

5.03: MATERNITY/ADOPTIVE/PARENTAL LEAVES AND SEB PLAN

  1. Every teacher shall be entitled to maternity, parental or adoptive leave and any teacher who has satisfied a seven (7) consecutive months of employment as a teacher with Border Land School Division qualifying requirement, shall be entitled to the Supplementary Employment Benefits as described in items (iv), (v) and (vi) of this clause.

 

  1. Except as may otherwise be provided herein, the provisions of 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 arrangement shall be confirmed in writing by the Division.

 

  1. Effective July 1, 2015 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 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, 2015 the Division shall pay a teacher on Maternity Leave and/or Parental/Adoptive Leave:
  1. if the teacher’s two (2) week or ten (10) day waiting period falls entirely on teaching days, ninety percent (90%) of the teacher’s gross salary plus up to seventy-five (75) 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 two (2) week or ten (10) 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 parental/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 an 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;
  1. eighty-five (85) teaching days of pay and/or top-up benefits if the teacher only takes maternity leave;
  1. 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. A teacher taking adoptive or parental 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 Human Resources Development Canada to a Supplemental Employment Benefits (SEB) Plan.  The implementation of this clause is subject to the successful arrangement of a Supplemental Employment Benefits (SEB) Plan with Human Resources Development Canada.

 

  1. In respect to the period of adoptive or parental leave, payments made according to the SEB Plan will consist of the following:
  1. for the first two (2) weeks, payment equivalent to ninety percent (90%) of her gross salary, and
  2. up to eight (8) additional weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety percent (90%) of her gross salary.

 

  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.

5.04: BIRTHING LEAVE

  1. Upon the occasion of the birth of a teacher’s child, the parent other than the mother shall be granted one day’s absence with pay for the actual occasion of birth and one further day’s leave of absence with pay.  It shall be understood that the leave with pay for the day of birth is when such birth occurs on a regular school day.

 

  1. Requests for such leave shall be submitted on such forms as may be prescribed, and where possible prior to the leave.

5.05: PERSONAL LEAVE

Personal leave of up to two (2) days per school year at no loss of salary may be granted upon application to the Superintendent in conjunction with the principal. 

5.06: SABBATICAL LEAVE

  1. “Sabbatical Leave” for the purpose of these regulations shall mean leave of absence granted to a teacher for travel or study at a recognized university, with part salary which shall be known as the Sabbatical Leave Allowance, paid by the school division to the teacher.  The Board will receive applications from teachers with five or more complete years of service with the Division for one year of Sabbatical Leave.

 

  1. The Sabbatical Leave allowance for the year shall be a minimum of  $14,551 (Fall Term 2014) $14,842 (Fall Term 2015) $15,139 (Fall Term 2016) $15,366 (Fall Term 2017) $15,596 (January 1, 2018) ; per teacher and that in the event of a granted leave the Board agrees to use the above figure as a basis for further negotiations with the applicant.

 

  1. This salary shall be paid, on a monthly basis, upon presentation of proof of travel or proof of enrollment in a recognized university or college taking courses approved by the Superintendent.

 

  1. The teacher shall sign an agreement to return to their duties for the opening of the new school year following expiration of the leave and shall further undertake not to resign or to retire from the services of the Board for a period of at least two years after the teachers return.  If this agreement is broken, the teacher will reimburse the Division on a proportionate basis.

 

  1. Upon the teacher’s return, the teacher shall have the option of returning to the position held prior to their leave.

 

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

 

  1. All applications, including plans for the year of the Sabbatical Leave, shall be submitted in writing to the Superintendent before April 21st of each year in which leave is requested.  All applications shall then be reviewed by an Evaluation Committee consisting of one representative of the Board, one representative of the Association, and the Superintendent.  The Evaluation Committee shall submit a report in these matters to the Board on or before May 15th of each year.

 

  1. The number of teachers granted Sabbatical Leave in any one year shall be at the discretion of the Board.

 

  1. Approval or denial of such leave shall be given by the Board to the applicant(s) by May 15th.

5.07: LEAVE OF ABSENCE WITHOUT PAY

Any teacher may be granted, upon request and approval of the Board, a leave of absence without pay for the purpose of:

  1. Improvement of qualifications,
  2. travel,
  3. Other purposes acceptable to the Board.

 

Such leave shall entitle any teacher to a one year leave of absence and shall not constitute a break in tenure.  All applications for such leave shall be submitted to the Superintendent prior to April 21st.

5.08: LEAVE FOR WRITING UNIVERSITY EXAMINATIONS

A teacher wishing time off to write university examinations shall do so without being liable to supplying a substitute teacher or payment of such substitute teacher, provided that the teacher shall not be absent for more than one day for each examination and that such examinations be for a course that leads to a higher classification on schedule or directly related to the teacher’s workload as determined by the Principal or Superintendent.  A maximum of two (2) days per year will be allowed for this purpose without loss of salary.  This clause does not apply for evening examinations unless authorized by the Principal and the Superintendent.

5.09: JURY DUTY

Any employee required to be absent from duties due to attendance at a court of law for purposes of acting as either a juror, or a subpoenaed witness other than a court proceeding occasioned by the employee’s private or personal affairs, shall do so without loss of pay.  Any monies received by the employee from the court (less transportation, meal or lodging allowance) shall be remitted to the Division upon request.  Where practical, the employee shall be available for duty at school during regular hours when not required at court.  Any employee required to be absent for these purposes shall submit details to the Division at the earliest possible date.

5.10: MTS LEAVE

  1. Members of the teaching staff who are members of The Manitoba Teachers’ Society shall be allowed a maximum absence of six (6) days per school year per teacher for executive or official duties pertaining to The Manitoba Teachers’ Society and/or its affiliates.  However, the combined total of teacher absences for such purposes shall not exceed fifty (50) days per school year.  The cost of the substitute will be the responsibility of the Association or Society and such costs will be collected from the Society by the Board.

 

  1. Any person covered by this agreement, who, being elected to The Manitoba Teachers’ Society as President, President Designate, or Vice-President shall upon reasonable notice be granted leave for that term of office, and upon the return of that teacher to the Division, shall be reinstated in a position no less favorable than the one held by the teacher prior to the leave.  Such leave shall be at no cost to the Division.

 

  1. For the purpose of this article “no less favorable” shall be deemed to be a position as may be determined by the Division.  The Division shall exercise its judgment in placing that teacher in a reasonable fashion having regard to all relevant factors including the educational needs of the Division and the interests of the teacher.

 

  1. Any teacher who is elected President of the Border Land Teachers’ Association shall be provided release time, subject to a replacement suitable to the Division being available, for a mutually agreeable percentage of time to be confirmed, no later than June 1st for the next school year.

The Association shall reimburse the Division for the full cost of the President’s salary and fringe benefits while on release time.