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.
Use of Paid Leave With the approval of the Appointing Authority, employees will be allowed to utilize accrued sick leave, personal holiday or vacation leave when on authorized leave without pay due to illness or injury.
Unpaid Leave Accrued compensatory time off may be used at the employee’s discretion, with management approval, after exhaustion of 100% sick leave (No. 3 above). However, FLSA compensatory time off shall not be counted against the employee’s four (4) month (nine [9] pay period [720 hours]) family or medical leave entitlement. Therefore, any use of FLSA compensatory time off under this Section shall extend the employee’s family or medical leave by the total amount of FLSA compensatory time off used.
Unpaid Leaves Employees on unpaid leaves may not participate in the matching program while on leave.
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.
Pre-Paid Leave Plan The Hospital agrees to introduce a pre-paid leave program, funded solely by the nurse, subject to the following terms and conditions:
(a) The plan is available to nurses wishing to spread four (4) years' salary over a five (5) year period, in accordance with Part LXVIII of the Income
(b) The nurse must make written application to the Chief Nursing Officer or Supervisor at least six (6) months prior to the intended commencement date of the program (i.e., the salary deferral portion), stating the intended purpose of the leave.
(c) The number of nurses that may be absent at any one time shall be determined by local negotiations. The year for purposes of the program shall be September 1 of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the nurse, the local Union and the Hospital.
(d) Written applications will be reviewed by the Chief Nursing Officer, Supervisor or designate. Leaves requested for the purpose of pursuing further formal nursing education will be given priority. Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority.
(e) During the four (4) years of salary deferral, 20% of the nurse's gross annual earnings will be deducted and held for the nurse 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 Hospital.
(g) All deferred salary, plus accrued interest, if any, shall be paid to the nurse at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Hospital and the nurse.
(h) All benefits shall be kept whole during the four (4) years of salary deferral. During the year of the leave, seniority will 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. Full-time nurses shall become responsible for the full payment of premiums for any health and welfare benefits in which they are participating. Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan. Full-time nurses will not be eligible to participate in the disability income plan during the year of leave.
(i) A nurse may withdraw from the plan at any time during the deferral portion provided three (3) months notice is given to the Chief Nursing Officer or Supervisor. Deferred salary, plus accrued interest, if any, will be returned to the nurse, within a reasonable period of time.
(j) If the nurse terminates employment, the deferred salary held by the Hospital plus accrued interest, if any, will be returned to the nurse within a reasonable period of time. In case of the nurse's death, the funds will be paid to the nurse's estate.
(k) The Hospital will endeavour to find a temporary replacement for the nurse as far in advance as practicable. If the Hospital is unable to find a suitable replacement, it may postpone the leave. The Hospital will give the nurse as much notice as is reasonably possible. The nurse 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 nurse within a reasonable period of time.
(l) The nurse will be reinstated to her or his former position unless the position has been discontinued, in which case the nurse shall be given a comparable job.
(m) Final approval for entry into the pre-paid leave program will be subject to the nurse entering into a formal agreement with the Hospital in order to authorize the Hospital to make the appropriate deductions from the nurse's pay. Such agreement will include:
i) A statement that the nurse is entering the pre-paid leave program in accordance with Article 11.11 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 deferred salary is to be held. The letter of application from the nurse to the Hospital to enter the pre- paid leave program will be appended to and form part of the written agreement.
Unpaid Claims If a claim for indemnification (following the final disposition of such action, suit or proceeding) or advancement of expenses under this Section 10.02 is not paid in full within thirty (30) days after a written claim therefor by any person described in Section 10.02(a) has been received by the Partnership, such person may file proceedings to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Partnership shall have the burden of proving that such person is not entitled to the requested indemnification or advancement of expenses under applicable Law.
Unpaid Parental Leave (a) An employee is entitled to a period of up to 52 weeks unpaid parental leave in respect of the:
(i) birth of a child to the employee or employee’s partner; or
(ii) adoption of a child who is not the natural child or step child of the employee or employee’s partner; is under the age of five (5); and has not lived continuously with the employee for six (6) months or longer.
Paid Leaves SECTION A At the beginning of the school year, each administrator shall be credited with ten (10) days sick leave per year for all administrators except the High School Principal, Chief Information Officer, Director of Facilities/Maintenance, and the Director of Adult Education who shall be credited with twelve (12) sick leave days per year, accruable to a maximum of one hundred twenty (120) days. Unused personal business leave days may be accrued at the rate of two (2) days per year to extend maximum sick leave accumulation to one hundred forty (140) days. If the administrator should become a teacher in the district, teacher sick leave policies will apply.
SECTION B Up to five (5) days of accrued sick leave per fiscal year (July 1 through June 30) may be used for the critical illness of a member of the administrator’s immediate family which shall be defined as the administrator’s spouse, child, parent, or any relative who is a permanent resident of the administrator’s household or is a dependent for tax purposes. Critical illness shall be defined as a serious emergency or life-threatening condition requiring the presence of the administrator.
SECTION C An administrator may use up to four (4) days per fiscal year, not charged to sick leave, for personal business. These days shall not be accumulative except as indicated in Section A. The use of these days must be arranged in advance with the Assistant Superintendent for Personnel. An administrator planning to use a personal business day at least three (3) days in advance, except in cases of emergency. Prior approval by the Superintendent is required for personal business days taken the day before or the day following a holiday or vacation or during the first five (5) or last five (5) days of the school year.
SECTION D Each administrator will be granted five (5) days leave not charged to sick leave in the case of a death in the immediate family which shall be defined as parent, spouse, and child. Two (2) days not charged to sick leave, will be granted for the death of grandparents, grandchildren, and siblings (including in-law and step-relatives.) One (1) day, not charged to sick leave, may be granted by the Assistant Superintendent of Human Resources for the funeral of a person whose relationship to the administrator warrants such attendance. Additional days may be granted by the Superintendent.
SECTION E Each fiscal year an administrator will be allowed one (1) professional day which may accumulate from year to year to a maximum of five (5) days. Subject to the prior approval of the Assistant Superintendent for Personnel, a professional day(s) may be used for any educational purpose. A written request shall be made at least five (5) days in advance of a planned professional day absence.
SECTION F An administrator who is summoned and reports for jury duty, as prescribed by applicable law, shall receive regular compensation. Any compensation received for jury service (not to include expense reimbursement) shall be submitted to the Assistant Superintendent for Personnel or his designee. Leave of absence with pay shall be granted for court appearances as a witness in any case in which the administrator’s connection with the case stems from his employment with the Board, provided that the legal action is not instigated by or on behalf of the administrator or Association against the Board. Any witness fee paid to the administrator shall be submitted to the Assistant Superintendent for Personnel. Worker’s compensation will be the exclusive remedy for any work-related injury or disability provided worker’s compensation is available.
Employment During Unpaid Maternity Leave Where less than the 52 weeks Other Parent Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way.
