CODE OF RULES AND REGULATIONS

Appendix B - Excerpt of Policy GCBD from The Winnipeg School Division Policy Manual

1.      MATERNITY LEAVE

1.1     General

1.1.1     An employee who is pregnant is eligible for maternity leave in accordance with the Manitoba Employment Standards Code.  Every effort will be made by the Division in conjunction with the employee's attending physician to protect the health and safety of the pregnant employee.

1.1.2     Employees must submit an application in writing for maternity leave at least four (4) weeks before the date specified in the application as the day the leave is to commence.

1.1.3     Employees must provide the Division with a certificate from a duly qualified medical practitioner certifying that the employee is pregnant and specifying the estimated date of delivery.

1.1.4     Maternity leave shall consist of a period, not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate referred to in 1.1.3.

1.1.5     Maternity leave shall consist of a period, of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate referred to in 1.1.3 and the actual date of delivery, if the delivery occurs after the date specified in the certificate.

 

1.2     Commencement and Termination Dates of Leave

1.2.1     Maternity leave granted to an employee in accordance with Section 1.1 shall commence no earlier than seventeen (17) weeks preceding the date specified in the certificate referred to in 1.1.3 and shall terminate no later than seventeen (17) weeks following the actual date of delivery.

1.2.2     An employee may terminate the maternity leave earlier than the day set out in 1.2.1 by giving written notice not less than one pay period prior to the day the employee wishes the leave to terminate.

 

1.3     Special Leave Related to Pregnancy

An employee who does not submit an application for maternity leave in accordance with clause 1.1.2, but who except for the non-compliance with that clause would have been eligible for maternity leave, is entitled to and shall be granted leave consisting of:

1.3.1     such period or periods within the seventeen (17) weeks immediately preceding the estimated date of delivery as certified by a duly qualified medical practitioner, if the Division is provided with a certificate from a duly qualified medical practitioner stating that during the period or periods mentioned in the certificate the employee:

1. was incapable of performing the normal duties of employment, or

2. will be incapable of performing the normal duties of employment, by reason of a medical condition that is or was directly attributable to her pregnancy;

1.3.2     such further period granted under 1.3.1 when added to the leave granted under clause 1.3.1 will not exceed the amount of maternity leave to which an employee is entitled.

 

1.4     Special Entitlement to Leave

An employee who does not apply for maternity leave under subsection 1.1.2 or 1.3.1 shall be granted leave for a period not exceeding the period of maternity leave to which she is entitled under subsection 1.1.4 or 1.1.5.

 

1.5     Limitation

Notwithstanding anything contained in subsections 1.3 and 1.4, leave granted to an employee under any of those subsections shall terminate no later than seventeen (17) weeks following the actual date of delivery.

 

1.6     Supplemental Unemployment Benefit Plan (Maternity)

1.6.1     An employee except those covered by the Canadian Union of Public Employees, Local 110, and Trades Agreements taking maternity leave pursuant to this section shall be entitled to receive pay for the period of leave up to seventeen (17) weeks in the amount of ninety percent (90%) of the salary being received at the time the leave was taken, this pay to include any benefits received from Human Resources Development Canada (HRDC) to a Supplemental Unemployment Benefits (SUB) Plan.

1.6.2     With respect to the period of maternity leave, payments made according to the SUB Plan will consist of the first seventeen weeks as follows:

1. For the first two weeks (waiting period) payment equivalent to ninety percent (90%) of gross salary, and

2. For up to the next immediate fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety percent (90%) of gross salary.

1.6.3     Where an employee intends to take additional leave, that employee must commence the leave immediately following expiry of the maternity leave without a return to work after the expiry of the maternity leave.

1.6.4     An employee taking additional leave is entitled, provided the terms and conditions of the Master Policies so provide, to prepay the cost of such benefit plans for the duration of the leave.  Where the employee prepays the cost, such payment will include both the employee’s and Division’s share of the costs.

1.6.5     The HRDC start date for the maternity leave waiting period is the start date for which an employee is eligible for payment under this section.

1.6.6     For ten (10) month employees where any portion of the seventeen (17) weeks of maternity leave falls during the summer break, winter break, spring break or any other period when the employee is not earning salary, the employee is not entitled to receive top up benefits for that portion of the maternity leave.

1.6.7     Subject to the qualifying period being met where an employee has commenced maternity leave prior to the adoption of this policy and a portion of the first seventeen (17) weeks falls after that date, the employee shall be entitled to receive the paid maternity leave benefit for that portion (if any) of the first seventeen (17) weeks of maternity leave that falls after the date of adoption of the policy.

1.6.8     A specific application or registration for a SUB Plan is not required.  The only requirement from HRDC is that the comment section of the Record of Employment confirm that the conditions of Section 38 of the Employment Insurance Regulations are met.

1.6.9     Employees must be regular full time or part time employees (not term/temporary) of the Division during the period when maternity leave benefits may be paid by the Division in order to be eligible to receive those payments.

1.6.10   The qualifying period of seven (7) consecutive months in the employ of the Division must be served as per the Employment Standards Code in order to qualify for any Supplemental maternity leave payment.  Should an employee fail to serve the full qualifying period prior to the start of the maternity leave, then that employee shall be eligible to receive maternity leave benefits only for that portion of the seventeen (17) weeks which occurs after the completion of the seven (7) month qualifying period.

1.6.11   The Division requires each employee on maternity leave, to provide a copy of the letter from HRDC that confirms their approval with effective dates for maternity benefits in order to calculate benefits accurately.

1.6.12   Employees not eligible for maternity leave benefits from HRDC shall not be eligible for the Supplemental Unemployment Benefits Plan.

1.6.13   Should payments to employees be required prior to receipt of the statement from HRDC, an estimate of the entitlement will be made with an adjustment made following receipt of the statement.

 

1.7     Parental Leave (Maternity)

1.7.1     An employee who becomes the natural mother of a child is eligible for parental leave without pay.

1.7.2     Employees must submit an application in writing for parental leave at least four (4) weeks before the date specified in the application as the day the leave is to commence.

1.7.3     Employees taking parental leave in addition to maternity leave must commence the parental leave immediately on expiry of the maternity leave without a return to work after expiry of the maternity leave and before the commencement of the parental leave.

1.7.4     Parental leave shall consist of a period not exceeding thirty-seven (37) consecutive weeks.

1.7.5     An employee who gives less notice than specified in 1.7.2 shall be eligible for a period of parental leave of thirty-seven consecutive weeks less the number of days by which the notice given is less than four weeks.

1.7.6     An employee may terminate the parental leave earlier than the date set out in 1.7.4 or 1.7.5 by giving written notice not less than one pay period prior to the day the employee wishes the leave to terminate.

 

1.8     Reinstatement of Employee

An employee who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits.

 

1.9     Employment Deemed Continuous

For the purpose of calculating pension and other benefits of an employee to whom leave is granted in accordance with Sections 1.1 and 1.7 employment after the termination of that leave shall be deemed to be continuous with employment before the commencement of that leave.

 

1.10   Additional Personal Leave for Staff

Additional personal leave following parental leave may be granted to an employee provided mutually satisfactory agreement can be concluded between the Division and the employee.

 

1.11   Authorization for Leave

The Chief Superintendent or designee is authorized to grant leaves in accordance with the Maternity Leave section, with the exception that additional leave requested in accordance with section 1.10, shall require approval of the Board.

2.      PARENTAL LEAVE (SPOUSAL)

2.1     General

2.1.1     An employee who has become the natural father of a child or whose common law spouse becomes the natural parent of a child, or who assumes actual care and custody of their common law spouses newborn child is eligible for parental (spousal) leave without pay in accordance with the Manitoba Employment Standards Code.

2.1.2     Employees must submit an application in writing for parental leave (spousal) at least four (4) weeks before the date specified in the application as the day the leave is to commence.

2.1.3     Parental Leave (spousal) shall consist of a period not exceeding thirty-seven (37) weeks subject to 2.1.4, 2.2.1 and 2.2.2 following.

2.1.4     An employee who gives less notice than specified in 2.1.2 shall be eligible for a period of parental leave (spousal) of thirty-seven consecutive weeks less the number of days by which the notice given is less than four weeks.

 

2.2     Commencement and Termination of Leave

2.2.1     Parental leave (spousal) shall commence no later than the first anniversary date of the birth of the child or of the date on which the child comes into the actual care and custody of the employee.

2.2.2     An employee may terminate the parental leave (spousal) earlier than the date set out in 2.1.3 or 2.1.4 by giving written notice not less than one pay period prior to the day the employee wishes the leave to terminate.

 

2.3     Reinstatement of Employee

An employee who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits.

 

2.4     Employment Deemed Continuous

For the purpose of calculating pension and other benefits of an employee to whom leave is granted in accordance with this section, employment after the termination of the leave shall be deemed to be continuous with employment before the commencement of the leave.

 

2.5     Additional Personal Leave

Additional personal leave may be granted to an employee provided a mutually satisfactory agreement can be concluded between the Division and the employee.

 

2.6     Authorization for Leave

The Chief Superintendent or designee shall be authorized to grant leaves in accordance with the Parental Leave (Spousal)  Section, with the exception that additional leave requested in accordance with Section 2.5 shall require approval of the Board.

3.      ADOPTIVE LEAVE

3.1     General

3.1.1     An employee who has adopted a child is eligible for adoptive leave in accordance with the Manitoba Employment Standards Code.

3.1.2     Employees must submit an application in writing for adoptive leave at least four (4) weeks before the day specified in the application as the day the leave is to commence.

3.1.3     Adoptive leave shall consist of a period, not exceeding thirty-seven (37) weeks subject to 3.1.4, 3.2.1 and 3.2.2.

3.1.4     An employee who gives less notice than specified in 3.1.2 shall be eligible for a period of adoptive leave of thirty-seven (37) consecutive weeks less the number of days by which the notice given is less than four weeks.

 

3.2     Commencement and Termination of Leave

3.2.1     Adoptive leave shall commence no later than the first anniversary date of the adoption of the child or of the date on which the child comes into the actual care and custody of the employee.

3.2.2     An employee may terminate the adoptive leave earlier than the date set out in 3.1.3 or 3.1.4 by giving written notice not less than one pay period prior to the date the employee wishes the leave to terminate.

 

3.3     Supplemental Unemployment Benefits Plan (Adoptive)

3.3.1     An employee except those covered by the Canadian Union of Public Employees, Local 110, and Trades Agreements taking adoptive 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 HRDC to a SUB Plan.  The implementation of this clause is subject to the successful arrangement of a SUB Plan with HRDC.

3.3.2     In respect of the period of adoptive leave, payments made according to the SUB Plan will consist of the first ten (10) weeks as follows:

1. for the first two (2) weeks (waiting period), payment equivalent to his/her ninety percent (90%) of gross salary, and

2. for up to the next immediate eight (8) weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety (90%) of his/her gross salary.

3.3.3     Where the employee intends to take additional leave, the employee must commence the leave immediately on expiry of the adoptive leave without a return to work after expiry of the adoptive leave.

3.3.4     An employee taking additional leave is entitled, provided the terms and conditions of the Master Policies so provide, to prepay the cost of such benefit plans for the duration of the leave.  Where the employee prepays the cost, such payment from the employee will include both the Division and employees’ share of the costs.

3.3.5     The HRDC start date for the adoptive leave waiting period is the start date for which an employee is eligible for payment under this section.

3.3.6     For ten (10) month employees where any portion of the ten (10) weeks for adoptive leave top-up falls during the summer break, winter break, spring break, or any other period for when the employee is not earning salary, the employee is not entitled to receive adoptive leave benefits pursuant to this Article for that portion of the adoptive leave period.

3.3.7     Subject to the qualifying period being met, where an employee has commenced adoptive leave prior to the date of adoption of this policy, and a portion of the first ten (10) weeks falls after that date, the employee shall be entitled to receive the paid adoptive leave benefit for that portion (if any) of the first ten (10) weeks of adoptive leave that falls after the date of adoption of the policy.

3.3.8     A specific application or registration for a Supplemental Unemployment Benefits Plan is not required.  The only requirement from HRDC is that the comment section of the Record of Employment confirm that the conditions of Section 38 of the Employment Insurance Regulations are met.

3.3.9     Employees must be regular full or part-time employees (not term/temporary) of the Division during the period when adoptive leave benefits may be paid by the Division in order to be eligible to receive those payments.

3.3.10   The qualifying period of seven (7) consecutive working months in the employ of the Division must be served, as per the Employment Standards Code, in order to qualify for any adoptive leave payment.  For greater certainty, should an employee fail to serve the full qualifying period prior to the start of the adoptive leave, then that employee shall be eligible to receive adoptive leave benefits only for that portion of the ten (10) weeks which occurs after the completion of the seven (7) month qualifying period.

3.3.11   The Division requires, from each employee on adoptive leave, a copy of the letter from HRDC that confirms their approval with effective dates for adoptive benefits in order to accurately calculate her entitlement.

3.3.12   Employees not eligible for adoptive leave benefits from HRDC shall not be eligible for the Supplemental Unemployment Benefits Plan.

3.3.13   If both adoptive parents are employed by the Division only one employee shall be eligible for the Supplemental Unemployment Benefits Plan.

3.3.14   Should payments to employees be required prior to receipt of the Statement, an estimate of the correct entitlement will be made with an adjustment made following receipt of the Statement.

 

3.4     Reinstatement of Employee

An employee who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits.

 

3.5     Employment Deemed Continuous

For the purpose of calculating pension and other benefits of an employee to whom leave is granted in accordance with this section, employment after the termination of the leave shall be deemed to be continuous with employment before the commencement of the leave.

 

3.6     Additional Personal Leave

Additional personal leave may be granted to an employee provided a mutually satisfactory agreement can be concluded between the Division and the employee.

 

3.7     Authorization for Leave

The Chief Superintendent or designee shall be authorized to grant leaves in accordance with the Adoptive Leave Section, with the exception that additional leave requested in accordance with Section 3.6 shall require approval of the Board.

4.      LEAVE OF ABSENCE - TEACHING/CLINICAL STAFF

4.1     Employees of the teaching/clinical staff who have not completed one (1) year of service, will not be granted a leave of absence in accordance with Section 4.3 by the Board except for study or illness.

 

4.2     Employees of the teaching/clinical staff who have completed one (1) year of service, may be granted leave of absence by the Board in accordance with section 4.3 of this policy.

 

4.3     Leaves of Absence

4.3.1     Leave of absence may be granted for a period not to exceed one (1) year.  Applications for extension of leave will be accepted subject to any special regulations governing the type of leave requested.

4.3.2     Leave of absence may be granted for reasons of health or for partial or suspected disability.  Such applications shall be supported by a report from the employee's medical doctor setting forth a diagnosis.

4.3.3     Leave of absence may be granted for personal reasons such as illness in the employee's family, provided that the maximum period for which such leave may be extended shall be limited to three (3) years.

4.3.4     Leave of absence may be granted in order that employees may engage in educational work other than teaching provided that leave for this purpose shall be limited to one (1) year.

4.3.5     Employees may be granted leave of absence for the purpose of undertaking a teaching assignment sponsored by the Department of External Affairs of the Government of Canada or other similar assignments provided that the maximum period for which such leave may be extended shall be limited to three (3) years.

4.3.6     Employees may be granted leave of absence to engage in teaching elsewhere when in the opinion of the School Division, there are extenuating circumstances to warrant the granting of such leave.  Leave for this purpose shall be limited to one (1) year.

4.3.7     Leave of absence may be granted for temporary service in the armed forces during peace time.

4.3.8     Time spent on leave of absence shall not be used for determining entitlement to annual salary increments, except as provided in the current Collective Agreement.

 

4.4     Definition

For the purposes of Section 4, Teaching/Clinical staff shall include teachers, clinicians, Principals, Vice-Principals, Area Service Directors, Consultants, the Chief Librarian and the Service Director of Special Education.

 

4.5     Authorization for Leave

\The Chief Superintendent or designee shall be authorized to grant leaves in accordance with this section with the exception that leaves requested for a period beyond twenty (20) weeks shall require approval of the Board.

7.   PERSONAL BUSINESS LEAVE

7.1  Teaching/Clinical Staff

The Chief Superintendent or designee shall be authorized to grant short leaves of absence to Teaching/Clinical staff in accordance with this section as follows:

Note:    Leaves granted in accordance with sections 7.1.1, 7.1.2 and 7.1.3 may not be combined to increase the leave entitlement.

 

7.1.1     Death:

- member of immediate family or a                                                      Allow up to five (5) consecutive days; deduct at full

 relative who was a member of the house-                                         salary for all days beyond five (5).

 hold.  Immediate family shall include common

law spouse as defined in Section 10 below.

 

- grandparents, grandchildren.                                                          Allow up to three (3) consecutive days; deduct additional days up to a total of five (5)                                                                                                                  consecutive days absence at substitute rate.

 

- spouse’s or common law spouse’s mother,                                    Allow up to three (3) consecutive days; deduct additional

  father, sister, brother, son, daughter.                                              days up to a total of five (5) consecutive days absence at substitute rate.

 

7.1.2     To attend funeral of:

            - a relative outside the                                                        Allow up to one (1) day; deduct additional days up to a

              immediate family who was                                                total of five (5) consecutive days absence at substitute rate.

              not a member of the household.                     

 

               - friend.                                                                              Deduct at substitute rate.

 

            - participant in ceremony (eg. Soloist).                                 Allow one-half (1/2) day.

 

             - pallbearer.                                                                          Allow one (1) day.

 

 

7.1.3     For observance of religious holy days.                              Allow three (3) days per year.  Deduct at Substitute rate for remainder.

                                                                                                     Requests for religious holy leave shall be governed by the procedure as set forth in the                                                                                                               collective agreement.

 

The Chief Superintendent or designee, upon review of the request, may grant short leaves of absence to teaching/clinical staff in accordance with the following:

7.1.4     Writing exams for university standing.                              Allow one-half (1/2) day per exam up to two (2) exams.

                                                                                                      For three (3) or more exams (half-days) deduct excess at substitute rate.

 

7.1.5     Studying for exams.                                                          Deduct at one two-hundredths (1/200) of annual salary.

 

7.1.6     University or Community College Convocation:

             - own.                                                                                Allow one (1) day in town, excess at substitute rate.

 

             - immediate family.                                                            Allow one (1) day; excess at one two-hundreths (1/200) of annual salary.

 

7.1.7     Graduation (High School):

            - immediate family.                                                             Allow up to one day.

 

7.1.8     For study (in early summer sessions, etc.)                       Allow.

             on bursary or course undertaken at School

             Division's request.

 

Other study with the prior approval of the                                   Allow up to five (5) days; deduct at substitute rate

Division.                                                                                       for next five (5) days; remainder of actual cost of substitute.

 

Note:    Leaves approved in accordance with section 7.1.9 shall be limited to one occurrence in any school year.

 

7.1.9     To attend a convention or meeting of an                           Allow up to five (5) days.

             organization with a program relevant to

             the teacher's position, with the prior

              approval of the Division.

 

7.1.10   To deliver an address before an educational                        Allow.

body.

 

7.1.11   Approved absence which involves financial                           Amount of recompense may be deducted.

             recompense for a teacher.                                   

 

7.1.12   Adjudicating at festivals,   etc.                                                Deduct at substitute rate.

 

7.1.13   Public service meetings:

             - council, school board, etc.                                                     Deduct at substitute rate.

 

7.1.14   Musical Festival (own performance).                                       Deduct at substitute rate.

 

7.1.15   Participation in sports:

              -  for employees participating in league,                                 Deduct at one two-hundredth of (1/200) of annual salary.  

                 league championship, zone or round                                      

                 robin play, invitational meets or qualifying competitions.

  

            -  for employees selected as representatives                             Deduct at substitute rate.

               of the city in semi-final or final provincial

               competition .

 

             -  for employees selected by Sports Manitoba                            Allow.

                as representatives of the Province participating

                in semi-final or final National competition.

 

- for employees selected to be members of                                            Allow.

  National teams of Canada competing in

  International competition.

 

Note:    The above shall include both competitors and coaches.  Coaches receiving recompense for days allowed by the Division shall reimburse the Division the amount of the recompense.

 

- other approved requests (eg. officiating).                                           Deduct at one two-hundredths (1/200) of annual salary.

 

Note:    Leaves approved in accordance with section 7.1.16 shall not exceed five (5) days in total, in any school year.

 

7.1.16   Wedding:

             - own.                                                                                           Deduct up to three (3) days at substitute rate.  Permission may be granted for up to                                                                                                                     five (5) days except in weeks when a holiday occurs, fourth (4th) and fifth                                                                                                                                   (5th) days at one two-hundredths (1/200) annual salary.

 

- in immediate family.                                                                               In town one-half (1/2) day substitute rate, out of town one (1) day at substitute rate.                                                                                                                     Deduct at one two-hundredths (1/200) annual salary for excess.

 

7.1.17   Birth of a teacher’s child resulting from the                                  Allow one (1) day.  This entitlement ceases two (2) days

             teacher’s spouse or common law spouse’s                                  after the spouse or common law spouse is discharged from the hospital.

             pregnancy.                                                          

 

             - Adopting a child.                                                                          Allow one (1) day.

 

7.1.18   Moving.                                                                                           Deduct at one-two hundredths (1/200) of annual salary.

 

7.1.19   Approved late return from travel (or early                                        Deduct at one two-hundredths (1/200) of annual salary.

departure).                                                          

 

7.1.20   For quarantine of place of residence.                                              Allow up to five (5) days.

 

7.1.21   Curriculum committee meetings.                                                    No deduction.  Cost of substitute charged to Manitoba Education.

 

7.1.22   Extra Curricular Activities

1. In any school year (as defined by the Minister of Education and Advanced Learning), a teacher will be entitled to a paid leave of absence of one day provided that:

1. he/she performs 50 hours of eligible extra-curricular duties during the school year;

2. the date for such leave has been agreed upon between the principal and the teacher;

3. the eligible day leave of absence must be taken within the current school year; and

4. the date for such leave is not adjacent to any holiday period.

 

2. “Extra-curricular activities” means student-related athletic, social, leadership, recreational and cultural activities, occurring outside the normal school day, but does not include activities related to academic or instructional matters or curriculum subjects outside the normal school day, whether such occur alone or with students, parents or administrative staff, such as (without limitation) staff meetings, parent/teacher meetings, committee work, in-service sessions, marking and setting examinations, or marking school assignments.

 

3. An eligible extra-curricular activity is an activity which has received prior approval from the school principal.

 

4. Extra-curricular activities as described hereinbefore are voluntary.

 

7.1.23   The Chief Superintendent or designate has authority to grant personal leave in other special circumstances for up to one (1) day with no deductions from salary or with deduction at substitute rate or one two-hundredths (1/200) of annual salary.

 

7.2   Where a ten (10) month employee’s compassionate leave as detailed in 7.1.2, 7.1.3, 7.2.2, or 7.2.3 commences immediately prior to or during Winter, Spring or Summer Break, the week days (other than statutory holidays) that fall during such breaks shall be considered to form part of the leave.

 

7.3     Notification - Religious Holy Leave:

7.3.1   Employees requiring religious holy leave prior to October 15 shall provide the Division with ten (10) working days notice in writing.

7.3.2   Employees requiring religious holy leave after October 15 shall provide notice of all leave required that school year by September 30.

7.3.4   Where appropriate notice has not been given to the Division, the Division shall provide religious holy leave days and that leave, at the Division’s discretion, may be:

1. with pay; or

2. regular salary less minimum rate for the employee’s classification in the case of non-teaching employees; or

3. at regular salary less the rate for a substitute in the case of a teaching employee; or

4. with a full deduction of salary for the day.

 

7.4     Extension of Vacation/Holiday

          Personal Business leave as identified in Section 7.1 and 7.2 shall not be granted for the purpose of extending vacation, break periods or holiday time.

 

7.5     Deduction Definitions

7.5.1  For the purposes of section 7.1, "Substitute rate" means the rate of salary for a substitute in the teacher's salary classification.

7.5.2  For the purposes of section 7.2, "Minimum rate" means the minimum schedule rate for the employee's classification.

7.5.3  For the purposes of sections 7.1 and 7.2, "Allow" means no deduction of salary.

7.5.4  For the purpose of section 7.1 Teaching/Clinical staff shall include teachers, clinicians, principals, vice-principals, area service directors, consultants, the                  chief librarian and the service director of special education.

 

7.6       Leave Request

7.6.1   Employees are required to complete “Request for Short Leave of Absence Forms”, Exhibits E(1) and E(2) and secure permission from the Division                prior to taking any such leave, except in emergency situations.

7.6.2    In emergency situations, the employee shall report to his/her supervisor at the earliest opportunity.

 

7.7        Reporting Leaves

Principals or supervisors shall report reasons for absences for personal business in the "remarks" column of the salary report.

 

7.8        Absence of Principals and Vice-Principals

7.8.1     The Chief Superintendent shall submit reports to the Board regarding the absence of principals or vice-principals which are in excess of one (1) week.

7.8.2      Any principal or vice-principal who expects to be out of the school for one-half (½) day or more shall inform the appropriate Superintendent.

7.8.3      Any principal or vice-principal who is absent because of illness or personal business shall call the superintendent in the morning of the day the                      absence commences and again on the day of return to duty.  The nature of the illness and an estimate of the length of absence should be                               reported to the superintendent.

 

7.9         Court Appearances

Employees will be granted leave without deduction of salary for court appearances if the employee is subpoenaed by the Crown to be a witness in a court action or is summoned for jury duty, provided however, the employee shall remit to the Division any remuneration which the employee may receive because of an appearance in court as a witness or as a juror.

 

7.10     Citizenship Leave

Employees shall be allowed the necessary time off with pay to attend citizenship court to become a Canadian Citizen.

8.      EXCHANGE LEAVE

8.1    The Chief Superintendent shall be authorized to approve exchanges made by members of the Winnipeg teaching staff with teachers from other                    jurisdictions.

9.       LOAN OF SERVICE

9.1     Loans of service of Division employees may be granted by the Board of Trustees for a period not to exceed three (3) years to be approved on an            annual basis.

9.2     Loans of service will only be granted for employment with public organizations, government departments, or service as an executive member on              the local employee group.

9.3     For the purpose of calculating pension, seniority and other benefits for the employee for whom the loan of service has been granted, employment            shall be deemed as continuous.

9.4     An employee who wishes to resume employment on the expiration of the loan of service granted in accordance with this section is guaranteed a             position upon return in the same or comparable classification with not less than the same wages and benefits.

9.5     Loans of service may be granted for employment with an employee group with which the Division has a Collective Agreement.

10.     DEFINITION OF PARTNER

10.1    For the purposes of this policy, “common law spouse” shall be defined as a person of the same or opposite gender with whom an employee has                   established residence and lived in a marriage-like relationship for at least twelve (12) months and has publicly represented that person as his/her                 spouse.

11.     EMPLOYEES COVERED BY COLLECTIVE AGREEMENTS

11.1   Where an employee under a Collective Agreement has a leave entitlement which is different than the entitlement specified in this policy, the                          provisions of the Collective Agreement shall apply.

 

 

 

 

LEGISLATIVE REQUIREMENTS:

        1.     Section 48(5) of the Public Schools Act, Chapter P250 of the Statutes of Manitoba applies to the granting of Leaves of Absence.

        2.     Section 44(1) of the Workplace Safety and Health Act, Chapter W210 of the Statutes of Manitoba applies to the granting of leave.