21. LEAVES

21.01

1. Cumulative Sick Leave

1. Sick leave shall be calculated on the basis of twenty (20) days per year.  For the purpose of computing sick leave for a fraction of a year, two hundred (200) days shall be considered to be the number of school days in a year.

2. Unused sick leave in any calendar year may be accumulated and carried forward to the next year up to the maximum of one hundred and forty-five (145) days (including twenty (20) days allowed for the year in which the illness occurred) subject to the following conditions:

1. Upon commencement of duties in the first year, a teacher is entitled to twenty (20) teaching days.

2. Upon commencement of duties in the second year, a teacher is entitled to twenty (20) teaching days and any unused sick leave from the first year.

3. At the beginning of each succeeding year, a teacher is entitled to twenty (20) teaching days and any previously unused sick leave.

 

3. Employees shall be entitled to use up to an overall maximum of three (3) days of accumulated sick leave per school year to attend to the illness or injury of that teacher’s spouse, common-law partner, children, parents, brother or sister whether the family member is natural, in-law, step or foster. Where such cases occur, entitlement under this article may not be accessed concurrently by both caregivers who are employees within the scope of this agreement. Employees may be required to provide medical evidence that such leave was required. Such days shall be pro-rated based upon full-time equivalency for part-time employees. Section 7.1.1 is to be deleted from Appendix B re: Policy GCBD.

 

4. Absence for illness due to pregnancy shall be considered to be sick leave up to the day the teacher was last present for duty.

 

5. No sick leave shall be granted during a period of leave of absence or sabbatical leave, and no days shall be added to the accumulated sick leave for such periods.

 

6. Deduction for full salary (one two‑hundredth [1/200^th] of annual salary rate for each day) shall be made when illness extends beyond the period provided for.

 

7. A teacher on extended sick leave, who advises the Division that the sick leave will be continuing for more than ten (10) consecutive days shall be advised by the Division of the following:

1. the sick leave benefits which may be claimed under the Collective Agreement, and

2. to contact The Winnipeg Teachers’ Association regarding services and benefits.

         A copy of the Cumulative Sick Leave Article shall be provided to the teacher.

 

8. When a teacher suffers an on-the-job injury 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.

 

9. Sick leave is not payable to a teacher:

1. who is engaged in employment for wage or profit with another employer except when such employment occurs as a result of a program of rehabilitative employment approved by the Disability Insurance Plan.

2. whose illness results from the use of drugs or alcohol and who is not receiving continued treatment from a licensed physician or in a recognized program of treatment for the use of drugs or alcohol.

3. who, in respect of an illness or injury resulting from a motor vehicle accident, is receiving wage-loss replacement benefits from the Manitoba Public Insurance Corporation to the extent that such benefits and paid sick leave exceed the teacher's normal salary.  In such cases the teacher shall reimburse the Division the amount of benefit received from the Manitoba Public Insurance Corporation.

Where an employee accesses their sick leave accumulation to top up their PIPP benefits (MPI wage loss replacement) a corresponding equal deduction from their sick leave accumulated balance will be taken.

4. who is absent from work because of plastic surgery performed for cosmetic purposes except where the need for such surgery is attributable to an illness or injury.

 

2. Certificates For Absence Due to Illness

Teachers absent due to illness shall present a certificate to the principal on return to duty.

1. If the absence does not exceed three (3) consecutive school days, the certificate may be a statement from the teacher on the form provided which shall be signed by the teacher and countersigned by the principal.  At the option of the teacher, a regular medical certificate may be provided in place of the certificate mentioned above.

2. If the absence exceeds three (3) consecutive school days or is for a contagious disease or condition, the certificate shall be signed by a registered medical practitioner on the form provided for the purpose.  If the teacher presents a certificate from a person other than a registered medical practitioner it shall be referred to the Superintendent or designate for acceptance.

3. Notwithstanding the foregoing, a teacher may be required to furnish a medical certificate for any absence for illness if requested to do so by the Superintendent or designate.