ST. JAMES-ASSINIBOIA TEACHERS' ASSOCIATION

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

ARTICLE 5.0: Leave of Absence

5.01 Per Diem Salary Rate

Wherever in this Agreement deduction of salary during a leave of absence or payment of salary is to be made at the per diem rate, the amount of the deduction or payment shall be calculated in accordance with the appropriate formula set out below:

 

  1. Payment at Per Diem Rate

No. of days for                            X      Teacher's current

which payment is due                        annual salary

________________________________________________________

No. of days in the school year as defined by Minister of Education

 

  1. Deduction at Per Diem Rate

No. of days leave without pay    X    Teacher's current

annual salary

_______________________________________________________

No. of days in the school year as defined by Minister of Education

5.02 Long Term

A teacher may apply for a leave of absence in accordance with the following:

  1. Applications are made not later than April 1st of the year leave is requested.
  1. Any teacher, returning to staff after a year's leave of absence will not be guaranteed the same grade or subjects as those being taught by him/her prior to leave of absence and must be prepared to accept any placement on staff that may be available.
  1. A teacher on leave of absence shall notify the Board of his/her intention to return or to not return to teaching duties not later than February 28th of the year the leave of absence expires.
  1. The Board will consider each application for leave of absence on its own merit.  The Board's decision shall be final.
  1. Leave shall not interrupt the continuity of service and shall be considered as teaching experience for seniority purposes but not for salary purposes.

5.03 Executive Duties

A teacher, being a member of the Manitoba Teachers' Society Executive Committee or the Executive Committee of any branch thereof, or of any special committee of the Society, or being appointed as official representative or delegate of the Society or any branch thereof, and being authorized by the Executive Committee of the Society to attend a meeting of the Committee of which he/she is a member, or to act as a representative or delegate, shall be excused from school duties for either purpose or both purposes for not more than a total of five (5) teaching days in any one school year, provided that a substitute satisfactory to the Board can be secured, and that the cost of providing such a substitute is assumed by the Society.  A maximum of sixty (60) days in total may be taken for the purposes mentioned above during any school year by members of the Association.  Absence from school duties to attend negotiating, conciliation or arbitration meetings shall not be deducted from the above-mentioned sixty (60) days or five (5) days limit.  No additional leave of absence beyond the five (5) day or sixty (60) day limits respectively in a school year shall be taken for the purposes mentioned above except with the consent and approval of the Board.  Wherever possible the teacher shall notify the Board ten (10) working days prior to taking such leave.

5.04 Local Association President’s Secondment

  1. A teacher who is elected or appointed to the position of President of the Local Association shall be seconded upon application of the Association.  Said applications shall be made no later than the last teaching day in April for the following year.  Unusual or exceptional circumstances, which preclude the making of the application by the last teaching day in April, shall be considered by the Board.
  1. The secondment shall be extended, upon application by the Association, on an annual basis, no later than the last teaching day in April.
  1. The Association shall reimburse the Board for all salary, benefit and administrative allowance costs.
  1. A teacher who is seconded and wishes to return to active service with the Board, at the start of the next school year, shall provide written notice of their intention to return no later than the last teaching day in April of a given year.  Unusual or exceptional circumstances which preclude the employee from providing notice of intent to return by the last teaching day in April, shall be considered by the Board.
  1. A teacher who returns to active service with the Board upon completion of a secondment of no more than two years shall be placed in the same or similar position held by the teacher prior to the secondment unless there is an agreement between the teacher and the Board to do otherwise.
  1. A teacher who returns to active service with the Board after more than two years shall be placed in a position that may be available for which he/she has the qualifications and ability to perform the work.
  1. With the exception of sick leave, the President shall be entitled to all benefits of the Collective Agreement and shall be treated as if he/she was working at his/her normal assignment.  The President’s salary shall be an amount equal to his/her regular teaching salary and an additional administrative allowance of $10,889.89 as of September 2018, $11,042.35 as of September 2019, and $11,097.56 as of September 2020.  With respect to sick leave, upon return to teaching, the outgoing President shall be credited with the amount of sick leave he/she had accumulated at the commencement of the secondment.

5.05 Maternity, Parental, Adoptive

  1. Every female teacher employed by the Board shall be entitled to unpaid maternity leave.

 

  1. Every teacher employed by the Board shall be entitled to unpaid parental leave.

 

  1. Every teacher employed by the Board shall be entitled to unpaid adoptive leave provided that the adoptive leave commences within one (1) year of the child coming into the care or custody of the adoptive parent with adoption proceedings completed or underway.

 

  1. Except as otherwise provided in Article 5.05 the Manitoba Employment Standards Code will apply.

 

  1. At the termination of the maternity, parental, or adoptive leave a teacher, under contract, shall be reinstated in the position occupied by the teacher at the time such leave commenced or in a comparable position with not less than the same salary and benefits.

 

  1. Supplementary Employment Benefits (SEB) (maternity, parental and adoptive leave):
  1. The qualifying period, as per the Employment Standards Code, must be served in order to qualify for any maternity (SEB) payment.  For greater certainty, should a teacher fail to serve the full qualifying period prior to the start of the maternity leave, then that teacher shall be eligible to receive maternity leave benefits only for that portion of the seventeen (17) weeks referenced in (ii) below which occurs after the completion of the qualifying period.

 

  1. A teacher taking maternity leave pursuant to Article 5.05 (i) shall be entitled to receive pay for the period of leave up to the first 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 to Supplemental Employment Benefits (SEB) Plan.  The implementation of this clause is subject to the successful arrangement of a SEB Plan with Human Resources Development Canada.  The only requirement from Human Resources Development Canada is that the comments section of the Record of Employment confirming that section 38 of the Employment Insurance Regulations is met.

The Division requires, from each of the teachers on maternity leave, a copy of the letter from Human Resources Development Canada that confirms their approval with effective dates for maternity benefits in order to accurately calculate her entitlement.  Should payments to teachers be required prior to receipt of the statement, an estimate of the correct entitlement will be made with an adjustment made following the receipt of the statement.

 

  1. In respect of the period of maternity 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 prorated annual salary, and
  1. Up to fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefit the teacher is eligible to receive and ninety percent (90%) of her prorated annual salary.

 

  1. Where any portion of the seventeen (17) weeks referenced in (iii) above falls during the summer, Christmas break, Spring break, or any other period for when the teacher is not earning her salary, that portion of the maternity leave does not qualify the teacher to receive maternity leave benefit pursuant to (iii) above.

 

  1. Teachers must be under contract to 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. A teacher taking parental or adoptive leave pursuant to this article shall receive pay for the period of leave up to ten (10) weeks of payment which is equivalent to the difference between the payment from Human Resources Development Canada and 90% of the salary to which the teacher is entitled from the Division.

Where a teacher is entitled to receive up to ten (10) weeks (50 teaching days) of parental top-up benefits and where non-teaching days fall within the entitlement periods, such non-teaching days shall not reduce the teacher’s entitlement to top-up.

The ten (10) weeks include any eligibility waiting period for employment insurance benefits under HRDC.

 

  1. Paternity Leave – a male teacher who wishes to attend the birth of his child shall be entitled to a maximum of one (1) day leave at no deduction of salary should the child be born on a teaching day.

 

  1. Adoptive Leave – any teacher who is adopting a child shall be entitled to a maximum of one (1) day leave at no deduction of salary should the child be adopted on a teaching day.

5.06 Illness

  1.  
  1. Where the employment of a teacher is continued for more than one year, the unused portion of the sick leave to which the teacher is entitled by law may be carried over from year to year to a maximum of one hundred and thirty (130) teaching days.

 

  1. Where an employee has been in the continuous employ of the Board for more than ten (10) years and is returning from a Disability Benefit, and has no paid sick days remaining, this employee shall be granted additional sick leave of twenty (20) teaching days.

5.07 Bereavement

  1. Up to five days of absence will be allowed without loss of salary to a teacher in case of death in his/her immediate family.  Immediate family shall be defined as:  spouse, child or children, mother, father.  In exceptional cases, additional leave may be granted by the Board.

 

  1. Up to four days of absence will be allowed without loss of salary to a teacher in case of death of a:  brother, sister, mother-in-law, father-in-law, grandmother, grandfather and grandchild.  In exceptional cases, additional leave may be granted by the Board.

 

  1. In the case of death of other relatives, the teacher shall be allowed one day without loss of salary to attend the funeral.  Other relatives shall be defined as:  spouse's grandparents, brother-in-law, sister-in-law, daughter-in-law and son-in-law.

 

  1. In the case of death of an aunt, uncle, niece or nephew, the teacher shall be allowed one (1) day without loss of salary to attend the funeral.

 

  1. Each teacher shall be entitled to up to a maximum of one (1) day of bereavement leave per year to attend to other funerals.  Additional leave may be granted by the Board.

5.08 Family

Teachers shall be entitled to use up to four (4) days of accumulated sick leave per year for medical issues that require the member’s attention and that pertain to his/her spouse, children, parents and/or parent in-laws.  Such leave is non-cumulative from one school year to the next school year.  Such entitlement shall be limited on any given day to one family member employed under this collective agreement.  Documentation to support this leave may be required.

5.09 Examinations

A teacher may be absent from school without loss of salary for one-half day on the day the examination is written for each examination being written during regular school hours in any school year in an accredited course in which the teacher has been enrolled to improve his/her professional and academic standing.  The Superintendent may authorize the principal to allow additional travel time above the one-half day if necessary.

5.10 Personal Leave

Leave for up to two (2) days shall be granted in any school year with no deduction.

Personal leave will not normally be granted on in-service days, parent/teacher days, administration days designated by the Division or school, or to extend time off for summer, spring, or winter breaks and may not be carried over to the next school year.

5.11 Religious Holy Leave

A teacher under contract shall be given leave of absence up to a maximum of three (3) days per school year without loss of pay 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 securing permission from the Superintendent.  All requests for such approval shall be made through the principal on the form prescribed. No deduction from salary shall be made when teachers are absent for observance of religious holy days, up to a maximum of three (3) days per school year.

 

  1. When teachers are absent for observation of religious holy days in excess of three (3) days per school year a teacher may receive regular salary less the rate for a substitute in the teacher’s salary classification.

 

  1. The following notification period will apply:
    1. for teachers requiring religious holy leaves prior to October 15, ten (10) working days’ notice in writing shall be given to the Division, for teachers requiring religious holy days after October 15, notice in writing of leave required for that school year shall be given by September 30
    1. for those teachers commencing employment with the Division at a time other than the start of the school year and who require religious holy leave, notice in writing shall be given to the Division within thirty (30) working days of active employment.

 

  1.   Where the appropriate notice has not been given to the Division, the Division shall provide religious holy days and that leave shall be at regular salary less the rate for a substitute in the teacher’s salary classification.  The Division shall act reasonably and fairly having regard to all circumstances.

 

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

5.12 Other

Teachers must receive permission from the Board for all forms of leave which are not defined in statutes or in this Agreement.  Deductions will be made at the per diem rate.  The Board will engage and pay for the substitute.  If under emergency or extenuating circumstances a teacher does absent himself/herself from his/her duties, he/she may request special consideration in writing and, on Board approval, obtain remission of the per diem deduction.  The teacher shall submit the written request through the principal who will forward said written request along with his/her written recommendation to the Board.