FMLA Leave The Board agrees to comply with the Family and Medical Leave Act and agrees that any policy adopted to implement the FMLA shall in no way reduce or adversely impact any other provision of this Agreement.
Civic Leave Civic leave is provided to faculty members who are a) subpoenaed to appear before any court or other legally constituted body authorized to compel the attendance of witnesses, where the employee is not a party to the action; or b) summoned for jury duty by any court of competent jurisdiction. Faculty members required to report or serve for only part of a day for court or jury duty are obligated to return for the remainder of that day unless otherwise authorized by the Chair. Faculty members are required to provide written notification of civic leave to the Chair as far in advance of the leave as possible. Documentation regarding the leave (e.g., a copy of the summons, subpoena) shall be attached to the notification. The faculty member may retain any money received as compensation or expense reimbursement for jury duty or court attendance compelled by the summons or subpoena.
Court Leave Leave of absence with pay shall be given to every employee, other than an employee on leave of absence without pay or under suspension, who is required:
Vacations; Leave The Employee shall be entitled to annual paid vacation in accordance with the policies established by the Board of Directors for executive employees and to voluntary leave of absence, with or without pay, from time to time at such times and upon such conditions as the Board of Directors may determine in its discretion.
Religious Leave Religious leave shall be without pay unless the employee elects to use accumulated compensatory time off, vacation time, or floating holiday time. Denial of religious leave is appealable as provided elsewhere in this section.
Paid Leave Contributions will continue whilst a member of a fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave.
Volunteer Leave Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours’ of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign. The leave will be scheduled at a time convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such a time as the employee may request.
Pre-Paid Leave The Employer agrees to introduce a pre-paid leave program, funded solely by the employee, subject to the following terms and conditions: (a) The plan is available to employees wishing to spread four (4) years’ salary over a five (5) year period or three (3) years’ salary over a four (4) year period, in accordance with Part LXVII of the Income Tax Regulations, Section 6801, to enable them to take a maximum one (1) year leave of absence following the four (4) years or three (3) years of salary deferral. The plan is not to provide benefits to employees on or after retirement. (b) The employee must make written application to the appropriate Director at least three (3) months prior to the intended commencement date of the program (i.e., the salary deferral portion). (c) The number of employees that may be absent at any one (1) time shall be three (3), with a maximum of one (1) per program or department, subject to operational requirements. (d) Written applications will be reviewed by the appropriate Director or designate and granted subject to operational requirements. The principle of seniority shall govern in cases of suitable applications greater than the number outlined in (c). Decisions will be made twice a year, February 15th and September 15th. (e) During the years of salary deferral, twenty percent (20%) or twenty-five percent (25%) as applicable, of the employee’s gross annual earnings will be deducted and held for the employee and will not be accessible to her or him until the year of the leave or upon withdrawal from the plan. (f) The manner in which the deferred salary is held shall be at the discretion of the Employer. (g) All deferred salary shall be paid to the employee at the commencement of leave or in accordance with such other payment schedule as may be agreed upon between the Employer and the employee. (h) Accrued interest, if any, shall be payable to the employee in the year that it is earned. (i) All benefits shall be kept whole during the years of salary deferral. (j) During the year of the leave, seniority will be retained but will not accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave. Employees shall become responsible for the full payment of premiums for any health and welfare benefits in which they are participating. Contributions to the Pension Plan will be in accordance with the Plan. Employees will not be eligible to participate in the disability income plan during the year of leave. (k) An employee may withdraw from the plan only as a result of financial or other hardship, provided one (1) month’s notice is given to the Director. Deferred salary, plus accrued interest, if any, will be returned to the employee, within a reasonable period of time. (l) If the employee terminates employment, the deferred salary held by the Employer plus accrued interest, if any, will be returned to the employee within a reasonable period of time. In case of the employee’s death, the funds will be paid to the employee’s estate. (m) If the Employer intends to fill the temporary vacancy, then Article 10 shall apply. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the plan and rearranging the leave at a mutually agreeable time or of withdrawing from the plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time. (n) The employee will be reinstated to her or his former position unless the position has been discontinued in which case the employee may exercise her/his seniority to bump as per Article 11. The employee must plan to return for a minimum of one (1) year. (o) Final approval for entry into the pre-paid leave program will be subject to the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the employee’s pay. Such agreement will include: i) A statement that the employee is entering the pre-paid leave program in accordance with Article 13.10 of the Collective Agreement. ii) The period of salary deferral and the period for which the leave is requested. iii) The manner in which the deferral salary is to be held. iv) The letter of application from the employee to enter the prepaid leave program will be appended to and form part of the written agreement.
BEREAVEMENT/TANGIHANGA LEAVE 18.1 The employer shall approve special bereavement leave on pay for an employee to discharge any obligation and/or to pay respects to a deceased person with whom the employee has had a close association. Such obligations may exist because of blood or family ties or because of particular cultural requirements such as attendance at all or part of a tangihanga (or its equivalent). The length of time off shall be at the discretion of the employer. 18.2 If a bereavement occurs while an employee is absent on annual leave, sick leave on pay, or other special leave on pay, such leave may be interrupted and bereavement leave granted in terms of 18.1 above. This provision will not apply if the employee is on leave without pay. 18.3 In granting time off and for how long, the employer must administer these provisions in a culturally sensitive manner.
Recall from Vacation Leave When during any period of vacation leave an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he incurs:
