Leaves of Absence (With and Without Pay)

ARTICLE 19 LEAVES OF ABSENCE WITH PAY

19.01 General Conditions

Leaves of absence with pay will be granted subject to the following conditions:

(a)   Continuation of salary and benefit plan entitlements;
(b)   No deduction of sick leave credits;
(c)   A Teacher on any form of leave is not eligible for any other form of leave until the expiry of the initial leave period;
(d)   The Superintendent of Human Resources may request acceptable evidence verifying the need for the absence.

19.02 Compassionate Leave

Teachers shall be granted leave with pay in the following circumstances:

(a)   Up to five (5) days in the event of the death of any of the following: spouse, child, parent, grandchild, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, a person in a direct in loco parentis relationship or a person with whom the Teacher resides or resided;
(b)   Up to three (3) days in the event of the death of any of the following: grandparent, brother-in-law, sister-in-law, uncle, aunt, nephew, niece;
(c)   Up to one (1) day to attend the funeral of a close personal friend;
(d)   Up to three (3) days in the event of the serious illness of a spouse, child, parent to arrange for alternate care.
Additional leave without pay may be granted by the Principal in extenuating circumstances.

19.03 Examinations for Professional Development

The Board shall grant a leave of absence for writing an examination to improve professional qualifications, when such examination cannot reasonably be scheduled outside the Teacher's normal working hours.

19.04 Religious Holy Days

Leave shall be granted by the Director of Education or designate, without loss of pay, for recognized religious holy days (maximum of three (3) days in any one school year).

19.05 Quarantine

Leave shall be granted in any case when, because of exposure to a communicable disease, a Teacher is quarantined or otherwise prevented by order of the Regional Medical Officer of Health or designate from attending to his/her duties.

19.06 Court Leave

Leave of absence shall be granted to a Teacher who is required:
(a) to serve on a jury; or
(b) by subpoena or summons to attend as a witness in court or other legal proceeding to which the Teacher is not a party or one of the persons charged provided the Teacher pays to the Board any fee, exclusive of traveling allowances or living expenses, that the Teacher receives.

19.07 Professional Activities/Community Service

(a) Leave of absence shall be granted for professional activities authorized by the Principal.
(b) Leave of absence may be granted for community service at the discretion of the Principal and subject to the approval of the Superintendent of Schools.

19.08 Personal Leave

(a) Up to three (3) days of personal leave shall be granted in any school year by the Principal, for matters of urgent or essential personal business.
(b) In extenuating circumstances, up to two (2) additional days leave without pay may be granted by the Principal.

19.09 Injury on Duty Leave

A Teacher who is absent as a result of an injury incurred in the course of his/her normal duties which is compensable under the Workplace Safety Insurance Act and who reports such injuries immediately in accordance with procedures established by the Board, shall be granted Injury on Duty Leave with pay for the period of absence to a maximum of fifty (50) working days for any one (1) incident.

Beyond fifty (50) working days, the provisions of the Workplace Safety Insurance Act apply.

19.10 Negotiating Committee Leave

Up to six (6) members of the OCETF Negotiating Team shall be released for time spent in negotiating meetings with the Board, provided negotiations continue in a mutually acceptable manner. The Board will pay the incurred costs for up to three (3) Occasional Teachers as required, with the OCETF agreeing to reimburse the Board for any additional costs incurred for Occasional Teachers to replace members of the Negotiating Team.

19.11 Local Federation Leave

(a) Officers of the OCETF
Officers of the OCETF, including the Chairperson of the Collective Bargaining Committee, who are employed by the Board shall, on application to the Board, be granted leave. Leaves of less than a full school year shall be subject to Board approval. OCETF shall notify the board prior to 30 April as to its intent respecting the above and the names of possible incumbents and formal application for leave shall be filed with the Board prior to 15 June for the following school year. The OCETF shall reimburse the Board for the salary and benefits of the Teacher(s) granted this leave. Effective September 1, 2009, the OCETF shall reimburse the Board as per the salary for Category A3, Year 3 plus the full cost of benefits and any salary or other allowances determined by the Union.

(b) Stewards/Health and Safety Representatives and other Designated Reps for OCETF
OCETF designated representatives may be granted short term leaves of absence to perform local OCETF business. Where such leave is not granted, the Superintendent shall provide written reason(s) to the OCETF Such leaves shall be approved by the Executive of OCETF prior to notification to the Board. OCETF agrees to reimburse the Board for the costs of Occasional Teachers for all such leaves.

These leaves (in ½ day or full day increments) shall not exceed 270 teaching days in total or 20 teaching days for any one individual in any one school year.

19.12 Provincial Federation Leave

(a)   Members of the OCETF elected or selected to Union/Federation positions may be granted short term leaves of absence (to a maximum of five [5] days per occasion) provided that the Union/Federation pays the Occasional Teacher costs to the Board.
(b)   Members of the OCETF elected to Union/Federation office which is full-time shall be granted a leave without pay, on a secondment basis, if requested, coinciding with the school term or year as applicable.
(c)   Members granted leave under the provisions of Article 19.12 (a) and (b) shall continue to accumulate seniority and teaching experience during the period of leave.

19.13 Professional Development Committee

(a) The Board shall grant up to ten (10) days leave per school year for programme preparation for the OCETF Professional Development Day. These ten (10) days may be used by the Chairperson or individual members of the Professional Development Committee upon the written request of the OCETF President to the Superintendent of Human Resources. In unusual circumstances, the Superintendent may grant additional days. The OCETF will reimburse the Board for the costs of any necessary Occasional Teachers.
(b) OCETF will notify the Superintendent of Human Resources of all absences under Article 19.13 above.

ARTICLE 20 LEAVE OF ABSENCE WITHOUT PAY

20.01 General

(a)   The Board may grant a leave of absence without pay of one school year, with possible annual extensions, to Teachers after the completion of two (2) years of continuous employment with the Board. A request for a leave of absence shall not be unreasonably denied.

(b)   Applications for leave are to be made in writing to the Superintendent of Human Resources or designate.

(c)   In unusual personal circumstances, the Director of Education or designate may grant such leaves of absence for periods of less than one school year. Such leaves are not intended to be used to extend a school break period.

(d)   Teachers on leave shall be subject to the transfer, placement and surplus/redundancy provisions of this collective agreement.

20.02 It is agreed that when a Teacher requests in writing a leave of absence without pay the Director of Education or designate shall give the decision in writing.

20.03 Changes in terms of a leave of absence under this Article may be made only by mutual consent of the Teacher and the Board, must be in writing and must conform with the requirements of this collective agreement.

20.04 Extensions

i) Normally, not more than four (4) extensions will be granted on request;
ii) In extenuating circumstances additional extensions may be granted

20.05 Where an extension beyond those in 20.04 results in a reduction of redundancies, such leaves shall be granted on the basis of seniority.

20.06 Return From Leave

(a) On the expiration of such leaves of one (1) year or more and subject to the transfer, placement, lay off and recall procedures of this collective agreement, the Teacher shall resume his/her former standing in respect to salary and benefits and with seniority determined according to Article 25.04. The Director of Education or designate shall place him/her in a position within the elementary school system comparable to his/her former position provided the Teacher notifies the Board in writing no later than March 31 of his/her intent to return for placement for the following September.

(b) A Teacher returning from a leave of absence without pay shall provide to the Board proof of status with the Ontario College of Teachers prior to returning from the leave.

20.07 In extenuating circumstances, the requirement to resume duty may be waived on the written request of the Teacher and with the written consent of the Board.

20.08 Failure To Return From Leave

In respect to leaves granted under this article, failure of the Teacher to return at such time as has been stipulated when the permission to be absent was granted may be considered a breach of employment contract and may lead to immediate termination of employment.

20.09 Benefit Provisions

All benefits held by a Teacher at the commencement of a leave without pay may be continued during such authorized leave by the Teacher with the Teacher paying all premium costs by pre-authorized debit. Such coverage normally will be extended to a maximum of one year with further extensions arranged through the Board.