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Collective Agreement 2002-2005
ARTICLE 20: VACATION AND LEAVE
20.1 Vacation
"Vacation" is defined as that period of time when a member need not be engaged in appropriate professional activity.
Members on full-time appointments shall receive an annual vacation of six (6) weeks inclusive of the designated vacation days between Christmas and New Year's as determined and announced by Human Resources each year.
Members on part-time appointments shall receive a vacation which is prorated.
A member shall schedule his/her vacation period by mutual agreement with his/her Department, subject to the approval of the Dean/Director before the vacation is taken. Such approval shall not be unreasonably withheld. Negative decisions shall be in writing and include reasons. All members, including Instructional Associates, shall be entitled to take their vacations for an uninterrupted period [namely five (5) or six (6) consecutive weeks].
There will be no carry-over of vacation from one calendar year (January - December) to the next. Members do not have the option of receiving pay in lieu of vacation.
20.6 Holidays
The following days shall be considered holidays:
New Year's Day, Good Friday, Easter Monday, Victoria Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day so proclaimed by the Federal, Provincial, or University authorities.
When any of the aforementioned holidays, except Canada Day, falls on a Saturday or Sunday, the President or his/her designate shall substitute another working day as the holiday. If Canada Day falls on a Saturday or Sunday, the President or his/her designate shall substitute the Monday immediately following as the holiday.
A member will not receive additional remuneration in the event he/she chooses to work on a holiday.
Regularly scheduled classes will not be held on a holiday, and only essential services will be provided by the Employer.
A "floating" paid holiday shall be observed in lieu of Easter Monday. The President or his/her designate shall declare by March 1st the day the floating holiday is to be observed as a paid holiday for all members.
20.11 Leave of Absence
Upon the request of the member and on the recommendation of the Dean/Director, a member may be granted leave of absence without pay.
The letter authorizing the leave of absence without pay shall indicate the years accredited towards sabbatical leave at the commencement and at the completion of the leave. A member who takes a leave which has been declared not to be time toward Sabbatical Leave may not subsequently grieve the declaration. Members on leave of absence who are engaged in activities covered by their qualifications by rank or job description shall receive salaries on return which include the total increases granted whilst they were on leave. Other members on return from such leave shall receive scale increases. A member's time on leave of absence shall be counted as time to seniority.
A member on leave of absence shall be entitled, but not required, to maintain membership in the benefit plans from time to time in force. The Employer is not required to maintain payments in such plans. The member's superannuation rights accrued prior to the date of the leave shall not be affected.
20.14 Court Leave
A member served with a document requiring him/her to appear as a witness during court proceedings or to serve jury duty shall be paid the difference between his/her regular full salary during such leave and any sum paid him/her for such jury or witness duty.
The Employer may require the member to furnish the document which requires him/her to appear as a witness or summons requiring him/her to appear for jury duty before making any payment under this Article.
20.16 Compassionate Leave
It is recognized that certain emergencies may arise in a member's personal or family life which may require his/her absence from the University. The member shall request compassionate leave from his/her Dean/Director for a specified period of time. Such leave shall not be unreasonably refused. Compassionate Leave shall be at full salary and benefits.
20.17.1 Sick Leave
Members who are unable to carry out their duties because of sickness, including psychoneurotic disorders or behavioral disorders, shall be entitled to full salary and benefits for up to one hundred eighty (180 )consecutive days. At the conclusion of the one hundred eighty (180) days, benefits to which the member may be entitled under the Long Term Disability Plan come into effect. Members shall notify their Deans/Directors and Department Chairpersons of their absence and its probable duration as soon as is reasonably possible. Members may be required to submit a medical certificate to cover illnesses which cause more than five (5) days absence.
20.17.2 Employee Assistance Program
The Parties recognize that most human problems can be dealt with successfully, provided they are identified during the early stages and referral is made to an appropriate helping resource. The Parties also recognize that to the extent that some problems may influence work performance, they are a legitimate concern of both the Administration and the Union. As a reflection of this recognition, the Parties have undertaken to utilize the services of the provincial Employee Assistance Program or equivalent, as appropriate and when available. Recognizing the desirability of having a coherent policy for dealing with unsatisfactory work performance brought about by any of the foregoing, the Parties agree that the following process should be initiated if the Dean/Director to whom a member is responsible feels that the member's work performance is unsatisfactory.
- The Dean/Director will discuss the member's work performance with the member. This interview serves to establish the fact that the Dean/Director is aware of deteriorating job performance and expects the employee to resolve any problems that may be affecting ability to perform assigned duties as defined by the Collective Agreement. This meeting may be held with or without Union representation.
- If, in the opinion of the Dean/Director, the problem persists, a second interview may be held in which the Dean/Director will again point out the deficiencies in job performance and urge the member to seek help if this seems appropriate. This meeting should be conducted with a Union representative in attendance.
- If, in the opinion of the Dean/Director, the member has still not taken the necessary action to bring his/her job performance up to an acceptable level, a third interview will be held with a Union representative in attendance. At this time, an appointment will be made for the member with the appropriate professional(s) specified by the Parties. Further, such professional(s) may specify a program of treatment, counselling, etc. for a member and participation in this program will be mandatory. Failure to keep the appointment with the doctor specified, or to participate in the treatment program outlined, will result in normal disciplinary action being taken under the terms of the Collective Agreement. This action may include the initiation of dismissal procedures. If, however, the member follows the prescribed program, the Employer will continue to pay the member's salary for a reasonable period of time while the member is engaged in treatment and will allow a reasonable period of time for the member's job performance to return to a satisfactory level.
The Parties agree that the foregoing procedures are not disciplinary in nature and that an employee's job security, evaluations and promotional opportunities are not jeopardized by his/her request (or that of the Dean/Director) for diagnosis and treatment.
The Parties recognize that the foregoing procedures will not be applicable in all cases of unsatisfactory job performance and thus the completion of the aforementioned steps is not required prior to any disciplinary action being taken under the Collective Agreement. On the other hand, where these procedures are appropriate and applied accordingly, the provisions of the Collective Agreement still apply and any disciplinary action taken must be in accordance therewith. The Parties hope, however, that where they are appropriate these procedures will result in persons obtaining the necessary help needed to again function as valuable members of the Brandon University community.
20.18 Political Leave
It is appropriate that members run for election for municipal office, for the Legislature, or for Parliament. A member is entitled to four (4) weeks paid leave in the period from the issuance of the writ to the election itself to participate as a candidate for election to the Legislature or Parliament. He/she is expected to arrange the leave with his/her Dean/Director with as little dislocation as possible to the functioning of his/her Department.
If elected, the member shall be granted leave of absence for the term of office. Should he/she be elected for subsequent terms in the Legislature or Parliament that extend beyond six (6) years, then after the sixth (6th) year, his/her appointment and leave terminate, but he/she shall be given a priority position for the first opening in his/her area of competence.
During the period of his/her leave as an elected representative, a member shall be entitled to the normal rights of leave such as the right to continue to make payments to the pension plan (although not to claim payments from the Employer), and to continue to make his/her own contributions for any other benefit plans as well, as per the terms of the pension and other benefit plans.
These conditions ought to be looked upon as being minimum conditions and ought not to preclude the possibility of making other mutually acceptable arrangements, as, for example, arrangements for part-time teaching where it is practicable.
20.22 Special Leave
Special leave is leave granted by the Employer with full or partial pay and which is not dealt with by other Clauses of this Article. This Clause provides the necessary flexibility to allow consideration of all applications for leave, as, for example, applications by Instructional Associates for study leave. The conditions of special leaves will be agreed to by the member, the Employer and the Union after consultation with the Dean/Director and the Department concerned.
Leave granted under Article 20.22 shall be accompanied by a statement as to whether the leave period is declared by the Employer to be for the same purpose as sabbatical leave as defined in Article 20.25. If the special leave is declared to be for the same purpose as sabbatical leave, the member's accumulated years of service accredited toward sabbatical leave at the completion of the special leave shall be nil. If the special leave is not declared to be for the same purpose as sabbatical leave, the years accredited toward sabbatical leave at the completion of the special leave will be the years accredited toward sabbatical leave at the commencement of the leave. A member who takes a special leave which has been declared to be for the same purpose as sabbatical leave, may not subsequently grieve the declaration. Members on special leave shall receive annual salaries on return which include the total increases granted whilst they were on special leave.
20.24 Maternity/Adoption/Parental Leave
A member, who qualifies under the Manitoba Employment Standards Code, is eligible for maternity and/or adoption/parental leave as per the provisions of the Manitoba Employment Standards Code.
A member on maternity and/or adoption/parental leave may elect to defer contractual decisions (e.g., re-appointment, tenure, etc.) by an equivalent period of time, and shall so advise the Dean/Director by written notice.
Nothing in this article shall prevent an employee from claiming sick leave for absences from work due to illness.
The parties agree that the provisions of this article shall be no less than those in the Manitoba Employment Standards Code and the Federal Employment Insurance Act as may be amended from time to time.
A member who takes Maternity Leave and Parental Leave shall take them in one continuous period unless the member and the University otherwise agree. A member's parental leave shall end thirty-seven (37) weeks after it began and not more than fifty-two (52) weeks from the start of the Maternity Leave. However, a member may end her parental leave earlier by giving written notice at least two (2) weeks or one (1) pay period, whichever is longer, before the day the member wishes to end the leave.
A member who adopts a child under the laws of the Province of Manitoba, or who becomes the natural parent of a child, and who has opted to take parental leave under the Manitoba Employment Standards Code and/or the Federal Employment Insurance Act, shall be entitled to a parental leave of up to thirty-seven (37) weeks.
Upon return to work, a member who has taken leaves under this Article shall resume his/her position, unless otherwise agreed to by the parties and assuming the member's employment contract date has not expired, with his/her full regular bi-weekly salary and benefits as provided under this Collective Agreement.
20.24.01 Maternity Leave Allowance
In order to qualify for Maternity Leave Allowance during maternity leave, a pregnant member must:
- hold a continuing, probationary or tenured appointment, or
- hold a term appointment for more than one (1) year, and
- have completed at least seven (7) consecutive months of employment with the University, with an appointment of at least fifty percent (50%) of a normal workload, immediately prior to the date on which the proposed leave commences; and
- submit a written notice to the Dean/Director prior to the commencement of the academic term during which the leave is to occur and at least four (4) weeks prior to the commencement of the leave (such notice period being alterable by mutual agreement and inapplicable if the member stops working because of complications caused by pregnancy or because of birth, still birth, or miscarriage); and
- provide the Dean/Director with a certificate from a duly qualified medical practitioner certifying that the member is pregnant and specifying the estimated date of her delivery; and
- provide Human Resources with proof that she has applied for, and is eligible to receive, Employment Insurance benefits.
The member is required to return to work upon the expiration of the maternity leave for an equivalent period to the leave taken. The member shall be required to sign an agreement acknowledging that failure to return to work for the time period specified shall result in a requirement for repayment of the salary received during the leave, unless waived by mutual agreement. In the case of a member holding a term appointment, the Maternity Leave Allowance paid by the University to the member as specified below shall terminate as of the expiration date of said contract, and the requirement to return to work following the expiration date of said contract shall be waived by the University.
A qualified member shall be entitled to receive Maternity Leave Allowance for a period of seventeen (17) weeks. The qualified member is also entitled to Maternity Leave Allowance for an additional period equal to the period between the estimated date of delivery specified in the medical certificate and the actual date of delivery, if delivery occurs after the date mentioned in the certificate. Maternity leave must commence no later than the date of delivery and must be taken in one (1) consecutive period.
During the period of Maternity leave, the member who qualifies shall receive from the University:
- for the first two (2) weeks, one hundred percent (100%) of the member's regular bi-weekly salary, and
- for up to a maximum of fifteen (15) additional weeks, an amount equal to the difference between the Employment Insurance (EI) benefits received by the member and one hundred percent (100%) of the member's regular bi-weekly salary.
Contributions to the University Retirement Plan and group benefit plans shall be continued by the University and the member throughout the period that the member is in receipt of Maternity Leave Allowance from the University, on the basis of one hundred percent (100%) of the member's regular salary. The period of leave shall count as credited service in the calculation of pension benefits. The member's contributions will be deducted from the Maternity Leave Allowance paid by the University to the member.
20.24.02 Adoption Leave Allowance
In order to qualify for Adoption Leave Allowance during adoption leave, a member must:
- hold a continuing, probationary or tenured appointment, or
- hold a term appointment for more than one (1) year, and
- have completed at least seven (7) consecutive months of employment with the University, with an appointment of at least fifty percent (50%) of a normal workload, immediately prior to the date on which the proposed leave commences; and
- submit a written notice to the Dean/Director prior to the commencement of the academic term during which the leave is to occur and at least four (4) weeks prior to the commencement of the leave (such notice period being alterable by mutual agreement if the child comes into the custody, care, and control of the member sooner than expected); and
- provide the Dean/Director with evidence of the commencement/completion of legal proceedings leading to/resulting in adoption, and a statutory declaration that the member is the primary caregiver of the child; and
- provide Human Resources with proof that she has applied for, and is eligible to receive, Employment Insurance benefits.
The member is required to return to work upon the expiration of the adoption leave for an equivalent period to the leave taken. The member shall be required to sign an agreement acknowledging that failure to return to work for the time period specified shall result in a requirement for repayment of the salary received during the leave, unless waived by mutual agreement. In the case of a member holding a term appointment, the Adoption Leave Allowance paid by the University to the member as specified below shall terminate as of the expiration date of said contract, and the requirement to return to work following the expiration date of said contract shall be waived by the University.
A qualified member shall be entitled to receive Adoption Leave Allowance for a period of twelve (12) weeks. Adoption leave must commence during the week in which the adoption takes place and must be taken in one (1) consecutive period.
During the period of Adoption leave, the member who qualifies shall receive from the University:
- for the first two (2) weeks, one hundred percent (100%) of the member's regular bi-weekly salary, and
- for up to a maximum of ten (10) additional weeks, an amount equal to the difference between the Employment Insurance (EI) benefits received by the member and one hundred percent (100%) of the member's regular bi-weekly salary.
Contributions to the University Retirement Plan and group benefit plans shall be continued by the University and the member throughout the period that the member is in receipt of Adoption Leave Allowance from the University, on the basis of one hundred percent (100%) of the member's regular salary. The period of leave shall count as credited service in the calculation of pension benefits. The member's contributions will be deducted from the Adoption Leave Allowance paid by the University to the member.
20.24.03 Federal Employment Insurance Benefits
In the event that the Federal Employment Insurance Act, or the equivalent, should cease to provide benefits for maternity or adoption leaves; all provisions of Article 20.24 shall continue to apply, except as specifically changed by the following:
- to qualify, otherwise qualified members shall not be required to provide proof that she is eligible to receive Employment Insurance Benefits;
- the qualified member shall be entitled to receive Maternity or Adoption Leave Allowance from the Employer for a maximum of twelve (12) weeks; and
- the Maternity Leave Allowance shall be one hundred percent (100%) of the member's regular bi-weekly salary.
20.25 Sabbatical Leave
Sabbatical leave is a benefit provided to enable members to maintain their effectiveness as teachers, scholars, and professionals. A sabbatical leave is for the purpose of scholarly and creative activity and/or of professional development, to the benefit not only of the leave-taker, but also of the Employer and of the academic community in general.
Eligible members requesting a sabbatical shall make application in writing to the Dean/Director by March 1st of the calendar year prior to the beginning of the academic year for which the sabbatical leave is requested. (For example: If a Member wishes to apply for a sabbatical to start any time between 1 September 1998 and 31 August 1999, he/she must apply before 1 March 1997).
The application shall include a summary of scholarly and professional activities undertaken by the member during his/her most recent leave (see Article 20.35) as well as a detailed statement of plans (namely goals and objectives, methodology and expected outcomes of the research proposed) for the entire period of the sabbatical leave and shall indicate the benefits which shall accrue to the applicant, to the institution, and to the academic community. Applications shall be submitted on the appropriate form.
The Department of the applicant shall meet with the applicant and make a recommendation based on Article 20.25 by April 1. The Dean/Director shall meet with the applicant and forward the application, the Department's recommendation, and his/her own recommendation to the President, by April 15.
- The Employer shall provide paid Special Leaves and Sabbatical Leaves for a full year for thirteen (13) members (or equivalent) in any one (1) year, provided that there are that many members entitled to such leave under the provisions of this Article. For the members employed in the Special Projects, the Employer shall provide paid Special Leaves and Sabbatical Leaves for a full year for one (1) member (or equivalent) in any one (1) year, provided there is (are) member(s) entitled to such a leave under the provisions of this Article.
- Members will be permitted to apply for a sabbatical over a two-year period. In that event, seniority toward a future sabbatical shall be counted from the time of return from the second half of the sabbatical, but shall include the period of service between the two sabbatical halves.
- A member may opt to apply for a one-half (1/2) sabbatical leave after six (6) years of service. Should this option be approved, the member shall be entitled to receive one hundred percent (100%) of salary and benefit. If this option is taken, the member will be deemed to have received the equivalent of a full sabbatical.
Ordinarily, no more than one (1) member from a Department of four (4) or fewer eligible members, two (2) members from a Department of five (5) to nine (9) eligible members, three (3) members from a Department of ten (10) to fourteen (14) eligible members, and four (4) members from a Department of fifteen (15) or more eligible members shall be on paid leave other than sick, compassionate, or maternity leave at any one time. The Employer may permit these quotas to be exceeded.
If necessary, members shall defer their sabbatical leaves in order to meet the requirements of Articles 20.29 and 20.30. Members shall defer leaves in the order:
- those who were last on sabbatical or similar (as defined in Articles 20.23 and 20.25) leave, and if (a) does not solve the problem, then
- those with the least seniority.
Members who defer their sabbatical leave in order to meet the requirements of Article 20.29 or 20.30, shall not forfeit the leave credits which they have accumulated. The excess service due to the application of Article 20.29 or 20.30 shall be credited against a subsequent sabbatical leave.
The President shall submit his/her decisions to the Board of Governors for ratification and shall inform the applicants by 31 May. Refusals shall be accompanied by reasons.
Once leave has been granted, it is expected that it will be taken. Only under extraordinary conditions may the applicant cancel the leave by notifying the Dean/Director at least eight (8) months prior to the commencement of the leave. It is the responsibility of the member to notify the Dean/Director in writing of any changes in plans and to consult with the Dean/Director on these changed plans.
A member shall submit to his/her Dean/Director within one (1) month after his/her return from sabbatical leave a full written account of the scholarly and professional activities undertaken during that leave. This report and scholarly and creative activities [as defined by Article 8.2 (c)] during the sabbatical or during the period following the sabbatical shall be taken into account by the Dean/Director and the Department in evaluating applications for a subsequent sabbatical leave.
A member who has taken a sabbatical leave is under an obligation to return to Brandon University for a period equal in length to the duration of the sabbatical leave or to reimburse the University an amount equal to his/her salary while he/she was on leave. This requirement may be waived by mutual agreement of the member and the Employer.
Tenured members are eligible for a full sabbatical leave after six (6) years and for a half sabbatical leave after three (3) years of service at Brandon University. Service to be counted as time towards a sabbatical must be uninterrupted by a sabbatical or by any other leave declared by the Employer to be for the same purpose as sabbatical leave. A member shall be entitled to count similar previous service at any recognized university toward a first sabbatical leave at Brandon University. Such service shall be counted two (2) years elsewhere as one (1) year at Brandon University to a maximum of two (2) years toward a full sabbatical leave and one (1) year toward a half sabbatical leave and shall be stipulated in the original letter of appointment. The excess service due to the application of Article 20.29 or 20.30 shall be counted as accumulated service towards sabbatical.
A full sabbatical leave shall be from 1 July to 30 June next and a half sabbatical leave from either 1 July to 31 December next or 1 January to 30 June next or as agreed by the Employer and the member.
A member's salary while on sabbatical leave shall be eighty percent (80%) of his/her annual salary in effect during the sabbatical period, with the Employer continuing benefit payments at base salary rates [however, see Article 20.29 (c)].
If (a) a member's sabbatical salary, plus (b) other income arising out of the sabbatical leave, exceeds (c) his/her base salary at Brandon University plus reasonable travel and additional living costs for himself/herself and his/her dependents, then the Employer shall reduce (a) until a+b=c. Any monies recovered under this Clause shall be dedicated to research at Brandon University.
A member may apply to receive part of his/her salary as a research grant.
A member going on sabbatical leave shall be encouraged to apply for financial assistance from external sources. Entitlement to leave, however, shall not be dependent upon receiving such assistance.
Members on sabbatical or special leave shall not participate in Brandon University activities (for example, university Committee work, Pension Trustees Committee responsibilities, teaching on a sessional basis) other than those for which the sabbatical was given. However, if the member's Department requires a decision which is of a substantive nature and the member is available, the member may attend meetings called for that purpose. Should the member not be available locally, he/she may be requested, or required, to vote by mail on important decisions (these include parts of the program that affect his/her teaching load, selection of a Department Chair and others as determined by the Department). Every effort shall be made to notify the member in advance of such decisions.