SUNRISE TEACHERS' ASSOCIATION

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

ARTICLE 15 - LEAVES

15.01 - Sick Leave

  1. Sick leave shall be granted to provide lost income when a teacher is unable to be at work and perform regular duties due to illness or injury.

 

  1. 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 to a maximum of:

            - 40 teaching days in the second year

            - 60 teaching days in the third year

            - 80 teaching days in the fourth year

            - 100 teaching days in the fifth year

            - 120 teaching days in sixth year

            - 130 teaching days in seventh 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 a period of a 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. When a teacher suffers an on-the-job injury and is absent from work as a result of this 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.  On-the-job injuries shall be defined as a disability resulting from an accident/incident occurring on Division premises or in the course of performing duties arising out of employment under the contract with the Division.

15.02 - Compassionate Leave

Each teacher shall be allowed compassionate leave without loss of salary up to but not exceeding three (3) days in the case of death or serious illness of the teacher’s sister, brother, grandparent, grandchild, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law and son-in-law.

Each teacher shall be allowed compassionate leave without loss of salary up to but not exceeding five (5) days in the case of death or serious illness of the teacher’s spouse, common-law spouse, son, daughter, father, mother, fiancé or fiancée.

Each teacher shall be entitled to compassionate leave without any loss of salary up to but not exceeding one (1) day in the case of the death of the teacher’s uncle or aunt, or to attend a funeral as a pallbearer.

Additional compassionate leave may be granted at the discretion of the Superintendent or Designate.

15.03 - Family Leave

Teachers shall be entitled to use up to five (5) days of accumulated sick leave per year for emergent medical issues that require the member’s attention and that pertain to his/her spouse, children and/or parents.  Such leave is non-cumulative from one school year to the next school year. Documentation to support this leave may be required.

15.04 - Personal Leave

Each teacher shall be entitled to two (2) days of personal leave of absence per school year without loss of salary. This personal leave of absence is not cumulative from one school year to the next.

Each teacher shall be allowed to carry one personal leave day forward to the next school year, thereby allowing for a possible three (3) personal leave days in any school year. No more than two (2) personal leave days may be used consecutively without the approval of the Superintendent or designate.

Additional days, in excess of two (2) days per year, may be granted by the Superintendent’s discretion, at a deduction rate of 1/200 of the teacher’s annual rate of salary.

Teachers shall not be granted leave for the following days, except as may be approved by the Superintendent:

  1. on any in-service day, parent-teacher day, administration day or pupil evaluation day designated by the Division or school;
  1. to extend the time off for:
  1. Spring, Summer or Christmas breaks;
  2. any statutory holiday;
  3. Remembrance Day; and
  4. any other day as provided by regulation of the Public Schools Act.

15.05 - Major Religious Holy Days

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

Teachers shall not absent themselves from duty for reasons of religious holy days without first notifying the Superintendent or Designate.

The following notification period shall apply:

  1. teachers on staff requiring religious holy leaves during the school year shall provide notice in writing on the prescribed form as soon as possible after the start of the school year, however, not later than September 30th.  Teachers employed after September 30th shall provide written notice within ten (10) calendar days of their commencement of employment;
  1. in instances where 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;
  1. where the appropriate notice has not been given religious holy day’s leave will be provided and the teacher’s regular salary will be deducted 1/200ths of the salary for that day.

 

  1. The parties agree that this article constitutes reasonable accommodation for religious holy leave.

15.06 - Parenting Leave

A teacher shall be granted up to two (2) days’ leave at no loss of salary where the teacher’s spouse/partner has given birth to a child or where they have adopted a child.

This leave shall be taken within one calendar week of the birth or adoption.

15.07 - Exam Leave

Leave shall be granted without loss of salary for two (2) university exams per year written during school hours by teachers in the Division.  The Division shall assume the costs of the substitute required in the above cases.

15.08 - Leave for Legal Duties

A teacher shall be allowed a leave of absence, without loss of salary, for purposes of jury duty or when subpoenaed as a Crown witness in a court of law, other than a court proceeding occasioned by the employee’s private affairs, or a court action initiated by the teacher against the Sunrise School Division. The teacher shall make him/herself available for duty at his/her school during regular school hours when he/she may not be required at Court  and will present proof of jury service or witness duty. Any fee or payment, excluding expenses, received by reason of service as a juror or witness for school days declared by Department shall be forwarded to the Division, and used for professional development purposes.

15.09 - Leave of Absence

  1. The Division may at its discretion grant leave of absence for any purpose.

 

  1. A teacher having completed seven (7) or more years of service under contract with the Division shall, upon written request, be granted a leave of absence without salary of one school year provided that not more than 2% of the teaching staff in any school year (based on the prior school year's full-time equivalent complement as a measurement) are entitled to such leave as a right. In the event that more than that number request leave, then length of teaching service under contract with the Division shall prevail.  A leave of absence of less than one school year may be granted.

 

  1. Where leave of absence is granted under (a) or (b) herein, a teacher, obtaining such leave, shall not be able to avail himself/herself of any of the terms of this Collective Agreement and hereby waives all provisions of the Collective Agreement excepting the Lay-off and the Group Insurance articles of the Agreement. In addition, such leave shall not constitute a break in tenure or loss of sick leave accumulated to date of commencement of leave. There shall be no credit for experience for increment purposes or further accumulation of sick leave for the period of the leave of absence.

 

  1. A teacher, having first become eligible for leave, and having taken such leave, shall again become eligible for leave following completion of seven (7) or more additional years of service under contract with the Division.