Chapter 5: Leave of Absence

Section 5.1 ‑ Absence for Personal Business

1. Procedure for securing permission

Teachers shall not absent themselves from duty for reasons of personal business without first securing permission from the Superintendent.  All requests for such approval shall be made through the principal on the form prescribed.  In the case of an emergency where approval cannot be secured in advance, the teacher shall report to the principal at the earliest opportunity.

2. Salary provisions

(a)  When permission for leave has been granted no deductions from salary shall be made when teachers are absent for the following reasons:

(i)   To attend a convention or meeting of an organization with a program relevant to the teacher’s work.  (Limit, five (5) school days).

(ii)  To deliver an address before an educational body.

(iii) To attend convocation to receive a university degree.

(iv) An employee will be granted bereavement leave of five (5) consecutive working days without loss of salary in the event of the death of a spouse, common-law partner, child, step-child, mother, step-mother, father, step-father, brother, or sister, as well as for any other relative who was a member of the household. Such days may be taken only in the period which extends from the date of death up to and including the day following interment, or five (5) consecutive working days following the death, whichever is the greater. One (1) bereavement leave day may be retained at the employee’s request for use in the case where actual interment or cremation is at a later date, or two (2) of five (5) days where travel is required.

Full salary shall be deducted for absence for this purpose beyond five (5) days unless otherwise approved by the Superintendent.

(v)  To attend the funeral of a relative outside the immediate family who was not a member of the household, an allowance of up to one (1) day. For the purposes of this article a relative is defined as an uncle, aunt, cousin, niece or nephew or a spouse or partner’s (as defined in clause (x)(i) below) grandparents, uncle, aunt, cousin, niece or nephew.

(vi) In the event of the death of a mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandchild or grandparent, who is not a member of the employee’s household, three (3) consecutive working days’ leave without loss of salary will be granted and an additional two (2) consecutive days’ leave may be granted with loss of salary at the substitute rate. Such days may be taken only in the period which extends from the date of death up to and including the day following interment, or three (3) (five (5) if additional loss of salary days granted) consecutive working days following the death, whichever is the greater. One (1) bereavement leave day may be retained at the employee’s request for use in the case where actual interment or cremation is at a later date, or two (2) of three (3) days where travel is required.

(vii)   If an employee is absent on sick leave, a statutory holiday, break periods or is absent from the service of the Division for any reason whatsoever, then the employee will not be granted bereavement leave in addition to any one of the aforesaid absences except as allowed under the collective agreement.

Notwithstanding the above an employee may retain one (1) bereavement leave day for use in the case where actual interment is at a later date or two (2) days where travel is required.

(viii) For quarantine of place of residence, a period not exceeding five (5) days to permit the teacher to  secure other accommodation and eliminate any possibility of carrying infection into the school.

(ix)    For up to one (1) day in the case of a teacher for either the birth of that teacher’s child or children resulting from that teacher’s spouse’s or partner’s pregnancy or the serious illness of that teacher’s spouse or partner directly related to the pregnancy provided, however, if the entitlement to the leave is not taken then this entitlement shall cease two (2) days after the spouse or partner is discharged from hospital. Partner shall be defined as set out in clause (x)(i) below.

(i)   For the purpose of Section 5.1 2 (a) (iv), (v) (vi) and (x), Partner shall be defined as being where a teacher establishes that he/she has been residing with a person of the same gender and has lived with that person in a marriage-like relationship for at least twelve (12) months and has publicly represented that person as his/her spouse, that person shall be deemed to be the same gender partner of the teacher.

(x)     For up to one (1) day for the purpose of adopting a child.

(xi)    For up to one (1) day in any case which the Superintendent may determine as sufficient to warrant such leave.

(xii)   Each teacher, subject to the availability of a suitable substitute, shall be entitled to one (1) (two (2) days effective September 2015) days leave of absence for personal reasons at no cost to the teacher. The Division shall not require teachers to provide reasons for their requests for personal leave.

Unless there are extenuating circumstances, request for a leave is on a first come, first served basis. In schools with forty (40) or more equivalent full time teachers no more than three (3) teachers shall be granted leave on the same day. In schools with less than forty (40) full time equivalent teachers no more than two (2) teachers per school shall be granted leave on the same day.

The personal leave day shall be used in its entirety. Personal leave may accumulate from one school year to the next to a maximum of two (2) days (three (3) days effective September 2015). Teachers employed on a part time basis who have a Schedule C or D contract shall be entitled to one day of leave of absence for personal reasons pro rated based on full time equivalency. The personal leave day(s) a part-time teacher is entitled to are pro-rated based on full-time equivalency, for clarity a one half time teacher is entitled to one half of a full time equivalent day (x2).

Teachers shall not be granted leave for the following days, except as may be approved by the Director of Human Resources:

a) On any in service day, parent teacher day or administration day designated by the Division or school;

b) To extend the time off for Winter, Spring or Summer breaks.

Personal leave days may not be combined with other discretionary days where the combined total number of consecutive work days is greater than three (3).

(b)  When permission for leave has been granted, deductions from salary will be made when teachers are absent for the following reasons:

(i)   In the case of absence for an approved purpose, which involves financial recompense for a teacher, the amount of this recompense may be deducted from the teacher’s regular salary up to the amount that the teacher would have earned during the period of absence.

(ii)  In the case of absence for a purpose, including personal business, approved by the Superintendent, a teacher may receive regular salary less the rate for a substitute in the teacher’s salary classification.

(iii) In the case of absence for a short leave granted for study approved by the Superintendent, allowances shall be made as follows:

(i)   No deduction if the teacher is in receipt of a School Division bursary or has been specially requested by the School Division to undertake a course.

(ii)  No deduction for first five (5) days, the minimum rate for a substitute on the same class for the next five (5) days, and, for each day thereafter, the actual cost of the substitute.

Section 5.2 ‑ Leave of Absence

  1. Any teacher may be granted leave of absence for study for one (1) year and such leave may be extended if necessary to complete a program of study.  Teachers who have not completed two (2) years of service shall not be eligible for leave of absence for any reasons other than study or illness.
  1. Teachers who have completed two (2) years of service shall be eligible for leave of absence for study or for other purposes subject to the following:

(a) All requests for leave of absence shall be made through the principal by letter to the Superintendent for referral to the Board.

(b) Applications for leave of absence for the ensuing school year shall be filed with the Superintendent not later than the last teaching day in April.  Where leave is requested during the school year, applications shall be filed with the Superintendent, where possible, at least thirty (30) days prior to date on which leave is requested.

(c)  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.

(d)  Teachers granted leaves of absence will be provided, at the termination of the leave, the same or a comparable position to that held immediately preceding the taking of leave provided the teacher on leave notifies the Division no later than the first teaching day of April in any school year prior to the next school year of their intention to return to teach in the Division.  Where a teacher has failed to notify the Division by the first teaching day of April of his/her intention to return, that teacher will be notified no later than May 31st that their contract has been terminated.

(e)  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 teacher’s medical attendant setting forth the diagnosis.

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

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

(h)  Teachers may be granted leave of absence for the purpose of undertaking a teaching assignment sponsored by the Department of Foreign 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.

(i)   Teachers 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.

(j)   Teachers may be granted leave of absence to engage in an occupation other than teaching, (provided that leave for this purpose shall be limited to one (1) year) 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.

(k)   Teachers may, upon filing a prior written request with the Division and furnishing proof of the reason for the request, be granted a leave of absence without pay up to a maximum of ten (10) weeks for parental leave.

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

(m) Time spent on leave of absence shall not be used for determining entitlement to annual salary increments, except as provided in Article 9.04(a) of the Collective Agreement.