Common use of MATERNITY AND PARENTAL/ADOPTIVE LEAVE Clause in Contracts

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.

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.