Common use of Eligibility and Allocation Clause in Contracts

Eligibility and Allocation. The allocations outlined in paragraphs b) and c) above, will be provided on the first day of each school year, subject to the restrictions outlined in d) i-vi below. i. A Teacher is eligible for the full allocation of sick leave and STLDP regardless of start date of employment or date of return to work from any leave other than sick leave, WSIB or LTD. ii. All allocations of sick leave and STLDP shall be pro-rated based on FTE at the start of the school year. Any changes in FTE during a school year shall result in an adjustment to allocations. iii. Where a Teacher is accessing sick leave, STLDP, WSIB or LTD in a school year and the absence due to the same illness or injury continues into the following school year, the Teacher will continue to access any unused sick leave days or STLDP days from ƚŚĞ ƉƌĞǀŝŽƵƐ ƐĐŚŽŽů LJĞĂƌ͛Ɛ ĂůůŽĐĂƚŝ provided as per paragraphs b) and c) for a recurrence of the same illness or injury will not be provided to the Teacher until the Teacher has completed eleven (11) consecutive working days at their full FTE without absence due to illness. iv. Where a Teacher is accessing STLDP, WSIB, or LTD in the current school year as a result of an absence due to the same illness or injury that continued from the previous school year and has returned to work at less than their FTE, the Teacher will continue to access any unused sick leave days or STLDP days from the ƉƌĞǀŝŽƵƐ ƐĐŚŽŽů LJĞĂƌ͛Ɛ ĂůůŽĐĂƚŝŽŶ͘ exhausts their STLDP allotment and continues to work part-time their salary will be reduced accordingly and a new prorated sick leave and STLDP allocation will be provided. Any absences during the working portion of the day will not result in a loss of salary or further reduction xX xXX XxXǀxXXX LJĞĂƌ͛Ɛ ƐŝĐŬ will instead be deducted from the new allocation once provided. v. A partial sick leave day or short-term disability day will be deducted for an absence of a partial day. vi. Where a permanent Teacher is not receiving benefits from another source and is working less than their full FTE in the course of a graduated return to work as the Teacher recovers from an illness or injury, the Teacher may use any unused sick/short-term disability allocation remaining, if aŶLJ͕ ĨŽƌ ƚŚĞ dĞĂĐŚĞƌ͛Ɛ the Teacher is unable to work due to illness or injury.

Eligibility and Allocation. a) The allocations outlined in paragraphs b) and c) 2-3 above, will be provided on the first day of each school year. In the event that a teacher is absent on the first day of the school year, the allocations outlined in paragraphs 2-3 above will be granted subject to the restrictions outlined in dparagraphs c) ito e). If a teacher is absent on the last day of a school year and the first day of the following school year for unrelated reasons the allocations outlined in paragraph 2-vi below. i. A Teacher is eligible for 3 above will be provided on the full allocation of sick leave and STLDP regardless of start date of employment or date of return to work from any leave other than sick leave, WSIB or LTD. ii. All allocations of sick leave and STLDP shall be pro-rated based on FTE at the start first day of the school year. Any changes in FTE . b) Changes to the teacher’s employment status during a school year shall result in an adjustment to allocations, as per section 2 sick leave days and section 3 short-term leave and disability plan. iii. c) Where a Teacher teacher is accessing sick leave, STLDP, WSIB or LTD leave and/or the short-term leave and disability plan in a school year and the absence due to for the same illness or injury condition continues into the following school year, the Teacher teacher will continue to access any unused sick leave days or STLDP short-term disability days from ƚŚĞ ƉƌĞǀŝŽƵƐ ƐĐŚŽŽů LJĞĂƌ͛Ɛ ĂůůŽĐĂƚŝ the previous school year’s allocation. A new allocation in accordance with paragraphs 2 and 3 will not be provided as per paragraphs bto the teacher until s/he has submitted medical clearance (consistent with the requirements of paragraph seven) confirming that s/he is able to return to work and ca bona fide return to work occurs. d) A teacher who has utilized 131 days of combined sick leave and short-term leave and disability leave in the immediately preceding school year and continues to be absent for the same condition must provide medical clearance (consistent with the requirements of paragraph seven) confirming s/he is able to return to work and a bona fide return to work occurs, before s/he will be allocated further leave under this Article in the next school year. e) A teacher returning from a long-term disability leave must provide medical clearance (consistent with the requirements of paragraph seven) confirming s/he is able to return to work and a bona fide return to work occurs for the teacher to receive a new allocation of sick leave/short-term leave and disability leave. If the teacher has a recurrence of the same illness or injury will not be provided the teacher is required to apply to reopen the Teacher until the Teacher has completed eleven (11) consecutive working days at their full FTE without absence due to illnessprevious LTD or WSIB claim. iv(i) WSIB remains first payor. Where A teacher who is receiving benefits under the Workplace Safety and Insurance Act, is not entitled to benefits under a Teacher is accessing STLDP, WSIB, or LTD in the current school year as a result of an absence due to the same illness or injury that continued from the previous school year and has returned to work at less than their FTE, the Teacher will continue to access any unused sick leave days or STLDP days from the ƉƌĞǀŝŽƵƐ ƐĐŚŽŽů LJĞĂƌ͛Ɛ ĂůůŽĐĂƚŝŽŶ͘ exhausts their STLDP allotment and continues to work part-time their salary will be reduced accordingly and a new prorated board’s sick leave and STLDP allocation will be provided. Any absences during the working portion of the day will not result in a loss of salary or further reduction xX xXX XxXǀxXXX LJĞĂƌ͛Ɛ ƐŝĐŬ will instead be deducted from the new allocation once provided. v. A partial sick leave day or short-term leave and disability day plan for the same condition. However, where a teacher is receiving partial benefits under WSIB, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of injury/incident or illness to the date of approval by the WSIB of the claim, the teacher may access sick leave and short-term leave and disability coverage. A reconciliation of sick leave deductions made and payments provided, will be deducted for an undertaken by the school board once the WSIB has adjudicated and approved the claim. In the event that the WSIB does not approve the claim, the school board shall deal with the absence consistent with the terms of a partial daythis sick leave and short-term leave and disability plan. vi(ii) LTD remains first payor. A teacher who is receiving benefits under an LTD plan, is not entitled to benefits under a school board’s sick leave and short-term leave and disability plan for the same condition. However, where a teacher is receiving partial benefits under an LTD plan, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of injury/incident or illness to the date of approval by the LTD carrier of the claim, the teacher may access sick leave and short-term leave and disability coverage. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the LTD carrier has adjudicated and approved the claim. In the event that the LTD carrier does not approve the claim, the school board shall deal with the absence consistent with the terms of this sick leave and short-term leave and disability plan. g) Where a permanent Teacher teacher is not receiving benefits from another source source, and is working less than their full FTE time equivalency in the course of a graduated return to work as the Teacher teacher recovers from an illness or injury, the Teacher teacher may use any unused sick/short-term leave and disability allocation remaining, if aŶLJ͕ ĨŽƌ ƚŚĞ dĞĂĐŚĞƌ͛Ɛ any, for the Teacher portion of the day where the teacher is unable to work due to illness or injury. A partial sick/short-term leave day will be deducted for an absence of a partial day in the same proportion as the duration of the absence is to a full instructional day.