7. Leaves
7.01 SICK LEAVE
1. When a Teacher is sick, they shall be entitled to a leave of absence (herein called “sick leave”) during their sickness and shall be entitled to be paid their full salary during such sick leave.
2. Teachers shall receive sick leave each year as follows: a) A new Teacher who is under contract to the Division as of the first (1st) day of the fall term shall be credited with twenty (20) days sick leave on that date. A Teacher must work for at least one (1) day before any sick leave days are credited. b) A Teacher returning from the summer break shall be credited with an additional twenty (20) teaching days sick leave at the start of the School Year. c) A Teacher who is on an approved paid leave at the start of the School Year shall receive an additional twenty (20) teaching days sick leave upon return to work. d) A Teacher who returns from an unpaid leave at a time other than the commencement of the fall term shall receive a pro-rated share of twenty (20) days sick leave for that School Year. 2. Teachers employed on a part-time basis shall be granted sick leave with pay pro-rated based on full time equivalence.
3. A Teacher coming under contract at a later date in the school year shall be credited with a pro rata share of twenty (20) days, calculated to the closest whole day.
4. All unused sick leave in each year shall accumulate from year to year to the credit of each Teacher but shall at no time exceed a credit of: Effective the first (1st) School Day in the 2024/2025 School Year, the maximum Sick Leave accumulation is one hundred thirty (130) teaching days for all School Divisions and one hundred forty-five (145) teaching days for Winnipeg School Division.
5. A Teacher on sick leave shall be paid the same amount they would be paid if they were on duty until the Teacher has exhausted all accumulated sick leave.
6. Sick Leave shall not continue to accrue while on any leave of absence without pay.
7. When a Teacher is referred by their medical practitioner to a medical/dental specialist appointment(s) on normal work days, and the travel to the specialist appointment is greater than three hundred 300 kilometres one way, the following shall apply: a) For appointments that are between three hundred (300) kilometres and four hundred ninety-nine (499) kilometres a Teacher will be allowed up to a maximum of an additional half (1/2) day of travel if travel is required on a normal work day. b) For appointments that are between five hundred (500) kilometres and seven hundred forty-nine (749) kilometres a Teacher will be allowed up to a maximum of one (1) day of travel if travel is required on a normal work day(s). c) For appointments that are over seven hundred and fifty (750) kilometres a Teacher will be allowed up to a maximum of an additional two (2) days of travel if travel is required on a normal work day(s). d) Travel for purposes of attending medical appointments will come from the Teachers’ sick leave accrual.
8. Teachers must make every effort to schedule appointments outside of the School Day or to minimize the amount of time away from the classroom.
9. If the absence exceeds three (3) consecutive School Days, the School Division may request that a Teacher provide a medical certificate or documentation by a duly qualified medical practitioner.
10. Nothing shall prevent a School Division from requesting a medical certificate or documentation for absences of less than three (3) consecutive days if there is suspected abuse of sick leave.
11. Should the Sick Leave be for a duration that exceeds one (1) month, and/or where the original medical note does not have an end or return date, the Teacher is required to provide updated medical documentation as requested by the School Division for staffing and operational purposes.
12. Prorating Allowances, Leaves, and Benefits, a Teacher’s sick leave accumulation shall be considered a “day is a day” meaning that a Teacher who switches from a 1.0 FTE to a 0.5 FTE or 0.5 FTE to 1.0 FTE shall retain the number of sick days accumulated but the day’s value changes.
13. Sick Leave is not payable to a Teacher who: a) 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 Long Term Disability Insurance Plan. b) 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 Teachershall reimburse the School Division the amount of benefit received from the Manitoba Public Insurance Corporation. The wage loss replacement benefits received from Manitoba Public Insurance Corporation shall be used to credit back the Teacher’s accumulated sick leave credits, at the Teacher’s per diem rate, up to the sick leave accumulation amount the Teacher had in their sick leave bank up until the accident.
7.02 FAMILY MEDICAL LEAVE
1. A Teacher under the Collective Agreement shall be provided Family Leave from their Sick Leave accumulation per School Year for the illness or injury or emergent/serious medical appointments of a family member. Family member under this Article means a Teacher’s parent(s), spouse/partner, or child, or a relative permanently residing with the Teacher.
2. Effective the first (1st) School Day in the School Year following date of ratification, Teachers shall have up to five (5) days of Family Leave from their sick day’s accrual.
3. If the requested leave is not emergent/serious, the Teacher will attempt to schedule medical appointments outside of the School Day.
4. Wherever possible, the Teacher shall provide the School Division with as much notice as possible as is reasonable and practicable in the circumstances.
5. Family leave is non-cumulative from one (1) School Year to the next School Year.
7.03 ON-THE-JOB INJURY
1. When a Teacher suffers an on-the-job-injury and is absent from work as a result of that injury, the School 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 time absent from work as a consequence of an on-the-job-injury shall not be charged against the accumulated sick leave balance.
2. The School Division shall reimburse out-of-pocket expenses incurred by the Teacher as a result of an on-the job injury to a maximum of one thousand dollars ($1,000) for a period of up to twelve (12) months following the injury or accident where that Teacher has certain expenses beyond the maximum coverage provided for in the Extended Health Plan or incurs certain expenses related to medical items not covered by the Extended Health Plan and where such expenses are not covered by another Party or Plan.
3. “On-the-job injury” means a physical or psychological injury resulting from a single identified/reported accident or incident occurring without warning or expectation in the course of performing duties arising out of employment under contract with the Division. On-the-job injury does not include repetitive strain injuries, disease, stress or ongoing mental health conditions, or any other conditions related to the teaching of students.
4. Teachers are not covered by Workers Compensation Board benefits. In the event that Teachers become covered by Workers Compensation Board benefits, this Article shall no longer apply and will be removed.
7.04 COMPASSIONATE AND BEREAVEMENT LEAVE
1. A Teacher shall be entitled to compassionate leave up to five (5) teaching days in the event of a life-threatening illness. This leave applies to the following relatives: parent, step-parent, spouse/common-law partner, child/step-child/ward of the Teacher, sibling, or a relative permanently residing with the Teacher. A Teacher shall be entitled to bereavement leave up to five (5) teaching days upon the death of a family member. This leave applies to the following relatives: parent, step-parent, spouse/common-law partner, child/step-child/ward of the Teacher, sibling, grandparent, grandchild, or a relative permanently residing with the Teacher. These days will be without loss of salary.
2. A Teacher shall be entitled to bereavement leave up to three (3) teaching days without loss of salary in the event of the death of a child-in-law, sibling-in-law, or parent-in-law.
3. A Teacher shall be entitled to bereavement leave of one (1) teaching day without loss of salary in the event of the death of the Teacher’s aunt or uncle.
4. Provided a Teacher has not received bereavement leave for the death in question, the employee shall be entitled to bereavement leave up to a maximum of one (1) day without loss of salary for attending a funeral as a pallbearer.
5. Bereavement days will normally be taken close to the time of the death. However, a Teacher may take up to one (1) day at a later date if: a) the purpose of the bereavement leave requested is reasonably related to the death, and b) the Teacher notified the School Division within the bereavement leave period about their request to take the day at a later date. The day is to be taken no later than six (6) months from the death.
6. Leave under this Article shall be provided to part time Teachers.
7. A Teacher shall be allowed up to two (2) additional teaching days at substitute cost deduction to the Teacher where travel is required to attend a death, provided the travel is in excess of five hundred (500) kilometres one (1) way, for an immediate family member as listed in 7.04 1.
7.05 BIRTH OR ADOPTIVE LEAVE
1. Upon the occasion of a Teacher’s spouse, partner, or surrogate giving birth to a child or the adoption of a child, that Teacher shall be granted up to two (2) days absence with pay for the actual occasion of birth or adoption.
2. Requests for such leave shall be submitted on such forms as may be prescribed, and where possible prior to the leave.
7.06 MATERNITY AND PARENTAL/ADOPTIVE LEAVE
1. Every Teacher shall be entitled to maternity and/or parental and/or adoptive leave and any Teacher, who has satisfied seven (7) consecutive months of employment as a Teacher, shall be entitled to the Supplementary Employment Benefits.
2. Except as otherwise provided herein, the provisions of the Employment Standards Code will apply.
3. The Teacher and the School Division may mutually agree to extend the length of the leave if the employee so desires. Any such arrangements shall be confirmed in writing by the School Division. The Employment Standards Code shall apply; however, a period of maternity leave longer than contemplated in the Employment Standards Code may be agreed between the Teacher and the School Division to their mutual satisfaction and may include a determination that when the maternity leave expires during a school term, the Teacher may return to work at the commencement of the term immediately following the expiration of the leave. For the purpose of this section “term” means either the months of September to December or January to June, or the commencement of a semester, as the case may be.
4. 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 (gross salary means the Teacher’s gross salary at the time the leave commenced plus any subsequently negotiated salary adjustments) for up to one hundred thirty-five (135) teaching days, which pay will include any employment insurance benefits received in accordance with this Article.
5. The School Division shall pay a Teacher on Maternity Leave and/or Parental/ Adoptive Leave:
a) if the Teacher’s one (1) week or five (5) day waiting period falls entirely on teaching days, ninety percent (90%) of the Teacher’s gross salary plus up to eighty (80) 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;
b) if the Teacher’s one (1) week or five (5) 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;
c) up to fifty (5O) 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 and continues to receive employment insurance benefits. For greater certainty, a Teacher who is receiving employment insurance benefits shall be entitled to:
i. One hundred thirty-five (135) teaching days of pay and/or top-up benefits if the Teacher takes both maternity leave and parental/adoptive leave;
ii. Eighty-five (85) teaching days of pay and/or top-up benefits if the Teacher only takes maternity leave;
iii. 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 School 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.
6. 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 School Division.
7. Effective the 2024/2025 School Year, any Teacher receiving top-up benefits from the School Division, as outlined above, must enter into a written agreement with the School Division providing that:
a) subject to extenuating personal circumstances, they will return to work and remain in the employ of the School Division for at least the equivalent of one (1) full School Year (ten (10) consecutive teaching months) following their return to work; and
b) should they fail to return to work as provided above, they are, subject to extenuating personal circumstances, indebted to the Division for the full amount received from the Division as a top-up during the entire period of leave; or
c) should they return to work as provided above, but fail to complete their work commitment, they are, subject to extenuating personal circumstances, indebted to the School Division for a pro-rated amount based on the number of teaching days they have remaining on their return to work commitment.
7.07 PERSONAL LEAVE
1. Leave of up to two (2) days without loss of salary to attend to personal business shall be granted. The School Division will not require Teachers to provide reasons for their request for personal leave.
2. Where during a School Year a Teacher takes fewer than two (2) personal leave days, up to one (1) personal leave day shall be carried over into the next School Year and must be used within the following School Year. The maximum number of personal leave days which a Teacher may take in any School Year is three (3) days.
3. Leave requests must be submitted at least five (5) days in advance of the requested leave, whenever possible. Leaves shall be approved by the School Division.
4. Personal leave is subject to the availability of a substitute Teacher.
5. Personal leave will not be accessed on scheduled administrative, professional development, or parent/Teacher days, unless a special exemption is granted by the School Division.
6. Part-time Teachers will receive Personal Leave based on their FTE.
7.08 RELIGIOUS HOLY LEAVE
1. A Teacher may receive a total of three (3) days paid leave for Religious Holy Leave per School Year.
2. Teachers shall not absent themselves from duty without first securing permission from the School Division.
3. For the purposes of this Article, Religious Holy Leave shall be defined as major religious holy days observed by the Teacher and designated as a day of obligation by the Teacher’s religion and where observance requires an absence from work for all or part of the day. These days are for days not covered by Manitoba statutory holidays.
4. When Teachers are absent for observance of Religious Holy Leave days in excess of three (3) days per School Year, the days shall be without pay.
5. The following notification period will apply: a) Teachers on staff requiring Religious Holy Leave during the School Year shall provide notice in writing on the prescribed form as soon as possible after the start of the School Year, however, not later than September 30th. b) For Teachers requiring Religious Holy Leave prior to October 15th, ten (10) teaching days’ notice in writing shall be given to the School Division. For Teachers requiring Religious Holy Leave October 15th or later, notice in writing of leave required for that School Year shall be given by September 30th. c) For those Teachers commencing employment with the School 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 School Division within ten (10) working days of active employment.
6. Where the appropriate notice has not been given to the School Division, the School Division shall provide Religious Holy Leave and that leave will be granted without pay. The Division shall act reasonably and fairly having regard to all circumstances.
7. The Parties agree that this Article constitutes reasonable accommodation for Religious Holy Leave.
7.09 INDIGENOUS CEREMONIAL, CULTURAL, SPIRITUAL OBSERVANCE LEAVE
1. An Indigenous Teacher shall be entitled up to three (3) days with pay per School Year to engage in traditional Indigenous ceremonies, cultural, or spiritual observances and where this leave requires absence from work for all or part of the day. Indigenous Ceremonial, Cultural, Spiritual Observance Leave is subject to operational requirements of the Teacher’s school.
2. For the purposes of this Article, an Indigenous Teacher is a person who self declares as First Nations, Inuit, or Métis.
3. A ceremonial, cultural or spiritual observance includes any event that is significant to an Indigenous employee’s traditional cultural practices or heritage. Examples of significant cultural events include, but are not limited to pow-wow, Sundance and Sweat Lodge ceremonies, traditional food gathering, traditional land or language based education, elder led education, or ceremonies held following a significant family event.
4. Teachers shall provide seven (7) days written notice from the Teacher to participate in Indigenous Cultural event(s), where possible. Teachers shall not absent themselves from duty without first securing permission from the School Division.
5. When Teachers are absent for observance of Indigenous Ceremonial, Cultural, Spiritual Observance Leave days in excess of three (3) days per School Year, the days shall be without pay.
6. The parties agree that this Article constitutes reasonable accommodation for Indigenous Ceremonial, Cultural, Spiritual Observance Leave.
7.10 JURY AND WITNESS DUTY
1. Any Teacher employed by the School Division, subpoenaed to appear as a witness in court proceedings or summoned for jury duty (other than a court proceeding occasioned by the employee’s private or personal affairs), shall be paid their regular salary for days that the Teacher would normally work.
2. The Teacher shall remit to the School Division any court remuneration/payment which the Teacher may receive (other than for food, travel, or room) because of an appearance in court as a witness or as a juror.
3. The Teacher shall submit details of the requirement for jury or witness duty at the earliest possible date and keep the School Division informed on the Teacher’s anticipated absence and return date.
7.11 EXAMINATION LEAVE
1. Teachers shall be allowed leave without loss of salary for one (1) day for each post-secondary examination written during school hours for the purpose of increasing classification, up to a maximum of two (2) days per year.
2. The Teacher shall notify the School Division in writing at least two (2) weeks prior to the examination date.
7.12 LEAVE OF ABSENCE WITHOUT PAY
A Teacher may request a leave of absence without pay. Such leave shall be subject to the following conditions:
1. Leave of absence without pay is granted at the discretion of the School Division.
2. School Divisions shall communicate to their Teachers the dates for which applications are to be submitted to the School Division.
3. A Teacher granted leave of absence shall be regarded as still on staff and the leave of absence shall not constitute a break in tenure nor shall it reduce the number of days of accumulated sick leave.
4. A Teacher on a long term leave of absence is still considered to be on contract to the School Division and if the Teacher does not intend to return to the School Division, notice in accordance with their teaching contract shall be given.
5. Experience will not be recognized while on a leave of absence; however, when they return they will be paid as per Article 2.01 Educational Qualifications.
7.13 CHANGES TO A TEACHER’S FTE ASSIGNMENT
Temporary Contract Increase
1. Effective the start of the 2024/2025 School Year, where a School Division offers a temporary increase in assignment to a Teacher on a Teacher General Contract whose FTE is less than 1.0 FTE, and for the duration of up to one (1) full School Year, temporarily increases their FTE (up to 1.0 FTE) with an additional teaching assignment, and where the Teacher agrees to the additional temporary assignment, the following will apply:
a) The Teacher’s Teacher General Contract shall remain unchanged. The School Division shall provide the Teacher with a Limited Term Contract for the additional FTE. A letter will be attached to the Limited Term Contract and also provided to Teacher, the Association, and placed in the Teacher’s personnel file outlining the nature of the additional assignment and outlining that the Teacher’s FTE has been increased for a particular assignment for up to one (1) full School Year.
b) Following the expiry of the Limited Term Contract, the Teacher shall remain on the Teacher General Contract at the FTE outlined in their Teacher General Contract.
c) For greater certainty, and subject to the terms and conditions of the Limited Term Contract and by virtue of the Limited Term Contract, the Teacher shall not be entitled to a permanent increase in FTE, nor to a change in the FTE as set out in the Teacher General Contract. No layoff shall be required upon the expiry of the Limited Term Contract. Temporary Contract Reduction
2. Where a Teacher requests that their full-time equivalency be reduced for a School Year or less, and where the School Division approves the request, the following shall apply:
a) The reduced portion shall be treated as an unpaid leave of absence.
b) Immediately upon conclusion of that leave of absence, the Teacher’s FTE shall revert to the FTE which existed prior to the commencement of the leave of absence.
c) The Teacher, upon request by and with agreement from the School Division, in the School Division’s sole discretion, may extend that leave of absence past the original date and mutually establish a new date at which the reduction in FTE will revert to the original FTE. Teacher Initiated Permanent Contract Reduction
3. Where a Teacher requests that the FTE of their Teacher General Contract be permanently reduced, that reduction shall be subject to the approval of the School Division and where approved, the reduced portion shall be deemed to be a contract reduction of a permanent nature.
7.14 DEFERRED SALARY LEAVE PLAN
The School Division shall administer a Deferred Salary Leave Plan in accordance with the plan document.
7.15 LEAVE OF ABSENCE FOR ASSOCIATION OR SOCIETY BUSINESS
1. A Teacher shall be excused from school duties to attend meetings of the Society or to act as an official representative of the Association for the Society for not more than a total of ten (10) teaching days in any School Year provided that a substitute satisfactory to the School Division has been secured, and that the cost of providing the substitute is paid by the Association or the Society. Page 42 of 55 2. A total maximum of teaching days (as listed below) during the course of the School Year will be granted by a School Division to its Teacher complement forthe above purpose. School Divisions up to 25 Teachers: 15 total days School Divisions with 26 to 99 Teachers: 30 total days School Divisions with 100 to 199 Teachers: 40 total days School Divisions with 200 to 499 Teachers: 60 total days School Divisions with 500 to 799 Teachers: 75 total days School Divisions with 800 to 1199 Teachers: 100 total days School Divisions with 1200 to 1999 Teachers: 140 total days School Divisions with 2000 plus Teachers: 200 total days 3. Leave for Provincial Executive duties in Article 7.17 Leave of Absence for Provincial Executive and leave for a Teachersitting at the provincial bargaining table will not count towards the maximum days in this clause. 4. No additional leave of absence shall be taken for the above-mentioned purposes except with the consent of a School Division. Should extra days be granted, the School Division shall be reimbursed the per diem cost of the replacement Teacher.
7.16 LEAVE OF ABSENCE FOR ASSOCIATION PRESIDENT OR VICE PRESIDENT
1. A Teacher who is elected President or Vice President of the Association shall be granted leave for the full term of their presidency or vice presidency.
2. The amount of leave granted to the President and/or Vice President of the Association will be in an amount determined by the Association. The amount of leave will be confirmed by April 30, unless the Association and the School Division mutually agree to extend the deadline. a) The Association shall notify the School Division of the names of any new President and/or Vice President incumbent(s) on or by April 30 unless the Association and the School Division mutually agree to extend the deadline. b) Return The Association, on or before April 30th in the year of the Association President and /or Vice President Leave, each Teacher shall advise the School Division in writing of the Teacher’s intention to return to their teaching role. c) At the end of the scheduled term of leave, the Teacher shall return to a comparable teaching position as designated by the School Division.
3. The Association agrees to reimburse the School Division for the salary and all employer related benefit costs of the President and/or Vice President of the Association.
4. The School Division may require the Teacher to change their assignment for a part-time leave to be accommodated.
5. In the event that the President or Vice President is unable to continue their first (1st) year of office due to an extended leave beyond twenty (20) teaching days, and in subsequent years of office forty (40) teaching days, the following shall apply: Page 43 of 55 a) Upon notification by the Association the leave of absence will be terminated. b) Upon termination of the leave of absence, the President or Vice President shall be returned to an assignment consistent with Article 7.19 Reinstatement after Leave. c) The President or Vice President shall thereafter be entitled to access their accumulated sick leave bank. d) The Association shall determine if another Teacher will be elected or appointed as President or Vice President to fulfill the remainder of the term of office. e) Should another Teacher be elected or appointed as President or Vice President in accordance with the above, Article 7.16 Leave of Absence for Association President or Vice President shall apply.
6. Article 7.16 shall also apply to the leave for Éducatrices et éducateurs Francophones du Manitoba (EFM) President and the Council of School Leaders (COSL) Chairperson.
7.17 LEAVE OF ABSENCE FOR PROVINCIAL EXECUTIVE
1. Where a Teacher has been elected to the Provincial Executive of the Society, that Teacher shall, in a School Year, for the sole purpose of fulfilling duties as a member of the Provincial Executive, have the right to a leave of absence as determined by the Society.
2. For each day’s leave of absence taken pursuant to this Article, the Society shall reimburse the School Division the per diem cost of the replacement Teacher.
7.18 ELECTED PRESIDENT OR VICE PRESIDENT OF MTS LEAVE
1. A Teacher who serves as President or Vice President of the Society shall be guaranteed a leave of absence concurrent with their term of office.
2. Prior to a Teacher assuming office, the School Division is to be notified as soon as possible.
3. The School Division is to be notified in writing of the Teacher’s intention to return to the School Division as soon as possible.
7.19 REINSTATEMENT AFTER LEAVE
When a Teacher indicates their intention to return from leave, the Teacher shall return to the same or a comparable teaching position as designated by the School Division.