TURTLE MOUNTAIN TEACHERS' ASSOCIATION

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

ARTICLE 4:00 LEAVES

4:01 Leave of Absence for Executive Duties - MTS

  1. Any teacher filling in an elected position in the provincial Manitoba Teachers’ Society (MTS) shall be granted leave for the term of office.

On any given teaching day no more than seven (7) teachers shall be on leave of absence for executive duties.  The Board may grant leave in excess of seven (7) teachers on any one (1) teaching day at their discretion.

  1. For the President of the Local Association
  1. The Division shall provide the President of the Turtle Mountain Teachers’ Association leave to      conduct association business 33% of the teacher’s assignment or as agreed between the parties.
  2. The Association agrees to reimburse the Division, the President’s salary and benefits for the percentage of leave taken by the President of the Association.
  3. The Turtle Mountain Teachers’ Association will notify the Division by April 15th if they intend to exercise the leave of absence for the President.  The schedule for the leave shall be developed with the Principal and the Superintendent.
  4. Upon completion of the leave, the President shall return to a mutually agreed upon position or the same position he/she held immediately prior to becoming President, unless the position is no longer available due to declining enrolment or the discontinuation of a program.

4:02 Compassionate Leave

  1. Five (5) days of compassionate leave shall be granted on the death of a member of the teacher's immediate family or step family.  Immediate family or step family to consist of father, mother, son, daughter, wife, husband, brother, sister, grandparents, grandchildren, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, father-in-law, and common-law spouse.

 

  1. One (1) day of compassionate leave for niece, nephew, aunt, uncle.

 

  1. One (1) day of compassionate leave for pallbearers.

 

  1. Compassionate leave may be granted upon the application to the Superintendent on the serious illness of a member of the teacher's immediate family as defined in a) and b).

 

  1. Additional compassionate leave may be granted upon application to the Superintendent.

4:03 Court Leave

A teacher who is summoned for jury duty or who receives a summons or subpoena to appear in a court proceeding, other than a court proceeding occasioned by the teachers' private affairs, shall be granted a leave of absence with pay for the required period of absence and all jury or witness fees received by the teacher shall be remitted to the School Division.  The teacher shall notify the Division upon becoming aware of his/her requirement to attend court and will keep the Division informed of the anticipated absence and return dates.

4:04 Personal Leave

  1. With three (3) days’ notice to the principal and Superintendent, and subject to the availability of a suitable substitute teacher, teachers will be granted two (2) days of personal leave per year at no cost to the teacher.  In cases of emergency, the three (3) day request may be waived.

 

  1. Teachers will not take this leave on any day of the 10 days for teacher in-service, parent-teacher conferences, administration and pupil evaluation.

 

  1. Additional leave may be granted with the approval of the principal and Superintendent at a deduction of 1/N (where N represents the number of school days in the current school year) of the teacher's annual salary for each day of leave taken.

 

  1. Up to one unused personal day may be carried forward to the following school year. 

 

  1. The maximum leave taken under Article 4.04 when combined with extra-curricular leave under Article 19 shall be no more than 5 days at any one time per school year.

4:05 Accumulated Sick Leave

A teacher in each school year is entitled to be paid his/her salary during sick leave for a maximum period as follows:

 

  1. Full-time teachers in the first year of employment with the Turtle Mountain School Division are entitled to 20 days sick leave at the beginning of the year.

If a first year teacher terminates his/her contract during the year the Board shall be entitled to recover from the teacher monies paid out as sick leave in excess of the equivalent of two (2) days per month or part thereof of the actual teaching service of the teacher.  The Division shall recover the advance from either any monies owing to the teacher at termination or from the teacher directly.

Where the employment of a full-time teacher is continued for more than one (1) year the unused portion of the sick leave from year one (1) shall accumulate to a maximum of 130 days for the life of the contract.

Teachers employed on a part-time basis shall be granted sick leave with pay pro-rated based on full-time equivalents.

A teacher may regain any sick leave which he/she has used at a rate of 20 days each school year thereafter to a maximum of 130 days.

 

  1. Sick leave days claimed by a teacher shall be deducted from that teacher's accumulation as determined at the beginning of the fall term.

 

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

 

  1. A teacher may be required to furnish a medical certificate from a duly qualified medical practitioner certifying that the teacher was sick during the period of absence when requested by the Division.

 

4:06 Maternity and Parental

  1. Every female teacher shall be entitled to maternity leave in accordance with this article.

 

  1. Every teacher shall be entitled to unpaid parental leave.

 

  1. Except as otherwise provided therein 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.

 

  1. 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. 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. 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.

 

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

4:07 Paternity Leave

At the birth of his child a teacher shall be entitled to one (1) day of leave during the period of confinement at no loss of salary.

4:08 Leave to Adopt a Child

  1. On the adoption of a child, a teacher is entitled to one (1) day of leave at no loss of salary.

 

  1. A teacher upon completion of 12 consecutive months of employment shall be entitled, upon written request, to adoptive leave in accordance with The Employment Standards Act and under the following conditions:
  1. Employees intending to take adoptive leave shall notify the Superintendent of their intent as soon as a home study has been completed and the names of the adoptive parents have been placed on the Provincial Registry.
  2. At the termination of adoptive leave the teacher shall be reinstated in the position occupied by him/her at the time such leave commenced or in a comparable position with not less than the same salary and benefits.
  3. Nothing in the foregoing shall reduce the right of the employee with respect to adoptive leave which is provided in current legislation.

4:09 Sabbatical Leave

  1. After two (2) years of satisfactory service a request for Sabbatical Leave will be considered by the Board on the recommendation of the Superintendent of schools.

 

  1. A minimum grant of $6,000.00 will be made for Sabbatical Leave.  An additional amount may be granted which will be determined by negotiation between the teacher concerned, the Superintendent of Schools and the Board.

 

  1. A teacher granted Sabbatical Leave shall be requested to return to the system for a period of two (2) years or refund the money received under this Article on a pro-rata basis.

 

  1. In cases where the Board has granted permission of Sabbatical Leave to a teacher for the purpose of accepting appointments from C.I.D.A., D.N.D., or C.U.S.O., or where the teacher is returning to university for further studies, the teacher's former or a comparable position in the Division will be restored to him/her upon his/her return to the Division after a year or two (2) years from the beginning of the leave.

4:10 Family Medical Leave

  1. Each teacher shall be entitled to use up to seven (7) days of accumulated sick leave per year to attend to the illness and injury or medical appointment of that teacher’s spouse, parents, children or dependents.  In the case of child or dependent where both parents are teachers within the scope of this agreement, both teachers shall not have access to this provision concurrently, except where the said child or dependent is involved in an emergency illness or injury involving hospitalization.