Collective Agreement Part 12 – Leave, Paid and Unpaid, Professional Development and Scholarly Activity

Collective Agreement Part 12 – Leave, Paid and Unpaid, Professional Development and Scholarly Activity

12.       LEAVE, PAID AND UNPAID, PROFESSIONAL DEVELOPMENT AND SCHOLARLY ACTIVITY

 

12.2     VACATIONS

 

12.2.1         The employer shall provide each regular instructional and limited            term contract faculty member, counsellor, advisor, and librarian who             works a full annual workload with forty-four (44) days of paid vacation   in each year, exclusive of statutory holidays and the days between                    Christmas and New Years.

 

It will normally be the responsibility of the faculty member to utilize their annual vacation entitlement in each academic year. The responsibility is shared when work has been approved and/or assigned by the relevant administrator, to be performed during the normal vacation period for the faculty member as per Article 12.2.3 and 12.2.5 in which case it is the shared obligation of the administrator and the faculty member to identify alternative vacation times.
12.2.2         Regular instructional faculty members, limited term contract                             instructors, counsellors, advisors, and librarians who work less than   a full workload shall be entitled to paid vacation in each year on a    pro-rated basis.
12.2.3         An instructional faculty member and limited term contract      instructors may request vacation at times other than the June 15 to                            August 15 period. Such a request shall normally be approved unless     the requested period falls within the specified teaching period,      including each full regular semester (including examination period)                    and each designated teaching period for special session or summer                     session in which the Professor or limited term contract instructor      has assigned teaching duties.
12.2.4         If the University requires an instructional faculty member to

report for duty or otherwise be in attendance during his or her vacation time, then the Professor or limited term contract instructor is given equivalent time off. Both the request and arrangements for equivalent time off are to be made in writing.

  • The vacation period for Faculty Advisors is from June 1st to July

31st.  This shall begin in the year in which the Faculty Advisor’s assignment begins.  In the year in which the Faculty Advisor’s assignment to the Advising Centre ends, he or she has the option of continuing with the June 1st to July 31st vacation period, or returning to the vacation period for instructional faculty, or any two-month period agreed to mutually by the Faculty Advisor, the Appropriate Senior Administrator in which the Faculty Advisor’s assignment is being reinstated.

 

12.2.6         Technicians:

 

Technicians are entitled to twenty-one (21) days annual vacation.  The

scheduling of this vacation shall be arranged by the technician in consultation with and subject to the approval of the Appropriate Senior Administrator.  Full-time technicians who have provided five (5) years continuous service in that capacity to the University shall be entitled to an additional five (5) days vacation.
12.2.7          Vacation for Part-Time Appointees:

 

  1. Temporary appointments for counsellors and librarians shall include a vacation entitlement of 8% in the first year of employment, 12% in the second year of employment, and 16% in the third year of employment.
  2. Temporary appointments for technicians shall include a vacation entitlement of 8%.

 

Vacation entitlement shall be:

 

  1. Paid out on a biweekly basis for contracts of duration less than five months.
  2. For contracts of at least five months, the vacation entitlement shall be given as time off, and any unused vacation entitlement will be paid out at the end of the contract.

 

Non-instructional temporary faculty, in at least their third year of employment, shall be entitled to professional development time as outlined in Article 12.3.1.1 on a pro-rated basis.

 

12.3     PROFESSIONAL DEVELOPMENT

 

12.3.1         In order to maintain excellence of instruction and educational service at the University, it is recognized that there is a need for faculty to have the opportunity to participate in and pursue activities related to professional development.  Towards this end the University shall:

 

  1. a) provide each regular faculty member, upon application, a minimum of $1,000 for professional development activities approved by the appropriate Academic Administrator.  .

 

Only those activities undertaken primarily for the benefit of University can be considered for non-taxable reimbursement.

 

The following expenses may be eligible for reimbursement:

 

  1. i) Membership fees in professional organizations and learned societies;

 

  1. ii) Books, periodicals, journals and other materials directly associated with the faculty member’s duties and responsibilities;

 

iii)     Registration fees or other fees for courses, workshops and similar activities;

 

  1. iv) Travel expenses related to attending meetings, conferences, courses and other approved activities.  (These reimbursements will be made in accordance with the travel policies of the University);

 

  1. v) Other activities deemed of significant benefit to Vancouver Island University.

 

As non-taxable reimbursements, goods purchased through Professional Development funds remain the property of the University.

 

Faculty members may elect to open Research Accounts.

 

Unexpended balances at the end of the fiscal year (March 31) can be:

 

  1. Claimed on an expense claim form authorized by the Dean, Director or Regional Campus Principal. Payment to the faculty member of 75% of the unexpended balance at the end of the fiscal year (March 31)  will be added to his/her taxable income for the calendar year in which the payment is received. The remainder (25%) of the unexpended balance claimed by the faculty on the expense claim, at the end of the fiscal year (March 31), will be retained by the University;
  2. Carried forward to the following fiscal year provided that at no time will an employee’s Professional Development fund balance exceed $3,000; or
  3. Carried forward into the faculty member’s Research Account.

 

In addition to this the University shall cover expenses for one faculty member, in each discipline where Provincially‑approved articulation meetings are held, to attend one such meeting per year.

 

  1. b) provide the Association Professional Development Committee a minimum of $4,500 for the sponsorship of activities which in the opinion of the committee shall be of professional interest to the general faculty.

 

  1. c) provide funds to support the equivalent of eight and one-half full‑time professional development leaves of absence (assisted leaves) at a minimum of 70% of regular salary.

 

  1. d) Reimburse each limited term contract instructor, whose contract, or combined contracts, exceed 1 year in length, for Professional Development activities to a maximum of $1000 per year provided:

 

  1. The activities (as per Article 12.3.1.a) have been approved by the appropriate academic administrator and

 

  1. Receipts of expenses are submitted to but no later than 30 calendar days after the conclusion of the limited term contract.

 

12.3.2         Regular non-instructional faculty members shall receive two (2) weeks to engage in professional development activities per year (following the submission of the leave request form).  Faculty who do not have twelve month appointments shall have this time prorated commensurate with the length of their appointment.

 

When additional professional development time is needed non-instructional faculty may, upon written application to the appropriate Dean, Director or Regional Campus Principal, receive special permission to be absent from the University.

 

12.3.3         Waiver of Tuition Fees for University Employees

 

  1. a) Credit Courses

 

Employees who have a regular appointment may register in University courses, at no cost, provided that no fee-paying student is displaced.  Such registration will be subject to admission requirements and enrolment procedures which will be set from time to time by the Registrar.

 

  1. b) Professional Development and Training Courses

 

Eligible* employees will be allowed to enroll in one non-credit or part-time Professional Development and Training course per term, at no cost, subject to procedures which will be set from time to time by Professional Development and Training.

 

*Eligible employee means a faculty member who is employed for a minimum of three months and only during the period of employment.

 

12.4     ASSISTED LEAVE (PROFESSIONAL DEVELOPMENT LEAVE OF ABSENCE)

 

It is recognized that many opportunities for professional development require a longer period of time than is available between the spring and fall instructional periods.  In order to encourage faculty to take advantage of these opportunities, a program of professional development leave of absence has been developed.

 

12.4.1         Faculty members may apply for either a full or partial release Assisted Professional Development leave of absence.  A partial release leave is designed to free a  regular faculty member from between .25 and .75 of  a full time workload at the University.  The salary received by a faculty member on partial release leave shall be calculated on a percentage basis:  e.g.  A regular full time faculty member receiving a .25-FTE Assisted PD Leave and working the rest of their full workload would receive 75% of their regular salary plus 25% of 70% of their regular salary. A regular .75 time faculty member receiving a .25-FTE PD Leave from their 75% workload would receive 50% of the salary they would be entitled to as a full time faculty member plus 25% of 70% of the salary they would be entitled to as a full time faculty member.

 

 

A one‑half year P.D. leave of absence shall normally be for the period January 1 to June 30 or the period July 1 to December 31.  A full‑year P.D. leave shall be for the twelve‑month period following commencement of the leave.

 

12.4.2         Since P.D. leaves are recognized in Articles 12.4 and 12.4.9 as contributing to the instructional quality and educational services offered by Vancouver Island University, a faculty member on P.D. leave is considered to be continuing to perform his/her duties of employment.

 

Except for the professional development allowance under Article 12.3.1, a faculty member on P.D. leave is expected to pay, from his/her salary, all travel, meal and accommodation costs incurred while fulfilling his/her duties of employment under the terms of his/her leave proposal and while away from the employer’s normal place of business and the faculty member’s principal residence.  In addition, supplies consumed directly in the performance of the P.D. leave responsibilities must be paid for by the faculty member on leave.

 

12.4.3         The University shall, during the period of a P.D. leave of absence, continue to contribute to the faculty benefit plans which are applicable to the faculty member providing the faculty member continues to contribute.

 

12.4.4         It is recognized that faculty members should not realize direct financial gain from the assisted leave program.  Consequently, the University is entitled to recover from a recipient of an assisted leave the amount by which his/her earnings from employment or contracts while on assisted leave exceed his/her normal annual income and benefits.

 

12.4.5         The faculty member shall be required to return to the service of the University upon completion of his/her P.D. leave of absence for a period equal to the length of the leave.  In the event of failing to do so, the faculty member shall refund the amount of any money paid to him/her or on his/her behalf by the University during the P.D. leave of absence.

 

12.4.6         Upon completion of P.D. leave of absence, the faculty member is assured of resuming duties at a salary level equal to that which he/she would have received, had he/she remained in his/her usual position at the University.

 

12.4.7         If a faculty member on assisted professional development leave, by mutual agreement with a Dean, Director, or Regional Campus Principal, returns to work prior to the commencement of the leave or during the period of the leave, a new assisted professional development leave equivalent to the length of time remaining in the leave shall be created.  The new leave, or any portion thereof, shall be carried over in to the following fiscal year if unused in the year in which it is created.

 

12.4.8         In the first semester after returning from a Professional Development Leave of Absence, the faculty member shall submit a report, to the President, summarizing the professional development that has been accomplished on the leave.  Failure to fill this requirement shall render the faculty member ineligible for future assisted leaves.

12.4.9         In order to be eligible for a P.D. leave of absence, a faculty member must:

 

  1. a) have a regular appointment and at least three FTE years of VIUFA seniority preceding the commencement date of the leave.

 

  1. b) notify the Executive Director of Human Resources on or before 1:00 p.m. of the last business day of May in the year prior to that in which the proposed leave is to commence that he or she plans to apply for a P.D. leave of absence.  The Executive Director of Human Resources shall forward the list of names and the categories of each person proposing to apply for a leave to the President of the VIUFA and the Chair of the Leave Committee.  Applicants should also provide copies of their letter of intent to their Dean, in the case of instructional faculty or to the Dean, Director or Regional Campus Principal (which ever is appropriate) in the case of non-instructional faculty.

 

  1. c) submit a complete application to the Chair of the Leave Committee after August 15 and before September 15 of the academic year prior to that in which the proposed leave shall commence.  This application shall include a description of the program proposed for the leave, and any supporting statements that the faculty member may consider important to his/her application.

 

  1. d) propose in his/her application a program which shall be of professional benefit to himself and which shall increase his/her potential contribution to the University.  Such programs may include:

 

  1. i) Further academic studies relevant to the professional growth of the faculty member in his/her particular area of scholarship and/or to the Vancouver Island University curriculum.

 

  1. ii) Experience in business, industry, research, community service, or in government or educational institutions which is directly relevant to the role of the faculty member within the University.

 

iii)     Studies of educational systems and methods in other institutions.

 

  1. iv) Other activities which can be seen to ultimately benefit the faculty member professionally, such as private study or research, textbook compilation, travel, or scholarly or creative writing.

 

  1. v) Any change in the originally approved plan requires a new submission to the Leave Committee outlining the rationale for the change.  The new plan is subject to re‑evaluation under Article 12.4.9.

 

12.4.10       University Leave Committee

 

A University Leave Committee shall be formed for the purpose of recommending applicants for Professional Development Leaves to the University Board, and to carry out its duties under Article 12.15 (Unassisted Leave of Absence).  Its constitution and responsibilities shall be as follows:

 

12.4.10.1    Constitution

 

The committee shall consist of eight members, including

 

  1. a) the Vice-President Academic, who shall be an ex officio, non‑voting member;

 

  1. b) a Dean of Instruction; and

 

  1. c) six faculty representatives ‑ including one elected by the non‑instructional faculty.

 

The normal term of membership on the Committee for faculty representatives shall be three years.  A faculty representative shall be a regular faculty member with at least two years service at the University; he/she shall not himself/herself apply for a P.D. leave during his/her term of membership on the Committee.  A faculty representative shall be elected not later than August 31 of the year in which his/her term commences.

 

12.4.10.2    Responsibilities

 

The Committee shall elect a Secretary/Chair from its members no later than September 1 of each year.

 

12.4.10.2.1 For Professional Development Leave

 

 

12.4.10.2.1.2  The Committee shall consider all applications for P.D. leave and shall determine which applicants have satisfied the eligibility conditions of Article 12.4.9.

 

12.4.10.2.1.2  The Committee shall rank all eligible applicants on the basis of the perceived merit of their proposals.  Where two proposals are deemed to be of equal merit, the ranking shall be by seniority according to the pro­cedures outlined in Article 12.4.10.3.

 

12.4.10.2.1.3  The Committee shall forward its list of recommendations to the University President no later than October 15 along with a brief description of the Professional Development pursuit.

 

12.4.10.2.1.4  Within one (1) week of making its decision, the Committee shall inform each applicant, in writing, of whether it is recommending acceptance or rejection of the application, or whether it finds the applicant ineligible.

 

12.4.10.2.1.5  The Committee shall return all applications and confidential papers to the applicants not later than October 31.

 

12.4.10.2.2 For Unassisted Leave of Absence ‑ Professional Development Status

 

The Committee shall carry out its responsibilities under Article 12.15 not later than October 15.

 

12.4.10.3    Procedures for Professional Development Leave (Assisted Leave)

 

Each year all eligible applicants for assisted leave shall be considered by the University Leave Committee in two groups.

 

12.4.10.3.1 Group I

 

A faculty member who applies for an assisted leave shall be considered to be in Group I if at the time of their application they have accumulated 3 FTE years of VIUFA seniority since their hiring or their last assisted leave, which ever is less, and

 

the following formula produces a value that is greater than or equal to zero:

 

 

VIUFA Seniority – (8 * FTE Leaves So Far) – (6 * FTE Leave Applied For)

 

 

Where:

 

VIUFA Seniority is the number of FTE years of VIUFA seniority that the leave applicant has at the time the leave application is considered;

 

FTE Leaves So Far is the total number of FTE years of assisted leave that the applicant has had so far; and

 

FTE Leave Applied For is the number of FTE years of assisted leave

that the Professor is applying for.

 

The Leave Committee shall give first consideration to applicants in Group I.

 

Group II

 

Faculty members eligible for assisted leave who do not qualify for consideration in Group I will be considered in Group II provided they have completed the equivalent of not less than three years or more than seven years of full‑time service within the Association; or either 1) a minimum of four years but less than the equivalent of seven years since completing a full‑year assisted leave, or 2) a minimum of two years and less than an equivalent of three and one‑half years since completing a one‑half year assisted leave.

 

12.4.10.3.2 In determining rank in each group the primary consideration shall be the projected value of the leave proposal to the improvement of University service.  In the event that two or more applications are considered to be of equal value, those applications shall be ranked in order of seniority of service within the Association or seniority of service since the applicant last received an assisted leave from the University, whichever is the lesser.  In the event that two or more applications are considered to have equal seniority, their ranking shall be by a random chance selection procedure.

 

12.4.10.4    The University Board shall notify in writing, not later than October 31 all faculty recommended for P.D. leave as to the outcome of their applications.  If the application has been refused, the reasons for refusal shall be stated.

 

 

12.4.10.5    The Chair of the Committee will forward a copy of the approved application(s) to the President of the Vancouver Island University Faculty Association.

 

12.4.10.6    If a faculty member on assisted leave wishes to extend his/her period of absence from duties beyond the scheduled date of return and defer compliance with Article 12.4.5 of the contract, a written request for unassisted leave under Article 12.15 must be made.  Such a request must be given in writing and requires at least three (3) months notice.

 

12.5     SCHOLARLY ACTIVITY

 

12.5.1         The University recognizes that Scholarly Activity is important to academic excellence, and is an essential component of the faculty workload. It is also recognized that major curriculum development and innovation are undertakings that benefit the University and its programs, and may require a workload commitment that necessitates release from other duties.

 

12.5.2         The University will provide a minimum of two (2) sections of release time in order to encourage scholarly activity. Further sections of release may be provided as resources allow, and may be allocated for either scholarly activity or curriculum development projects.

 

12.5.3         Faculty members may apply for a maximum of one section release time per year to the Research, Scholarly Activity, and Curriculum Development Committee (RSACD Committee).  A proposal which outlines the member’s plan for scholarly activity or curriculum development shall be submitted to the RSACD Committee by November 15 for scholarly activity or curriculum development release time the following year.  Scholarly activity shall be defined as study and research that is designed to further knowledge in the faculty member’s field or fields of expertise, not solely for maintaining currency.  The Chair of the Committee will forward a copy of the approved application(s) to the President of the Vancouver Island University Faculty Association.

 

12.5.4         Research, Scholarly Activity and Curriculum Development Committee

 

12.5.4.1      The University and the Association agree to establish a joint committee which shall:

 

  1. a) Stimulate scholarly activity on behalf of regular faculty through grants from a Research Fund, to which the University shall contribute $5,000 per year.

 

  1. b) Review scholarly activity/curriculum development reports from faculty who have been granted time for scholarly activity or curriculum development from all sources including those sections offered in accordance with Article 12.5.2. In addition to protecting the integrity of Article 12.5.2, this reporting mechanism will foster awareness of the scope of scholarly and curriculum development activity at VIU,

 

  1. c) A faculty member who has received release time for research, scholarly activity, or curriculum development shall submit a report to the Provost and Vice-President Academic and the Research, Scholarly Activity, and Curriculum Development Committee summarizing the scholarly activity or curriculum development project.  Failure to fulfill this requirement shall render the faculty member ineligible for future scholarly activity or curriculum development release time under Article 12.5.2. Reports under this provision will be supplied in electronic form to VIUFA and to the Associate Vice President of Scholarship and Community Engagement.

 

  1. d) Notwithstanding the operations of the (VIU) RSACD Committee,           Faculties and services areas may establish and resource their own Faculty or area specific RSACD Committees. The granting   of releases for the purpose of research, scholarly activity and/or curriculum development may be reported to the (VIU) RSACD Committee, and final reports for such releases will be submitted to the (VIU) RSACD Committee and to the office of the Provost          and Vice-President Academic.

 

12.5.4.2      The Committee shall consist of the Vice-President Academic and the Chair of the Professional Development Committee of the Association as well as three other individuals, one who is appointed by the Vice-President Academic and two others appointed by the Association.  The Chair of the Committee will forward a copy of the approved application(s) to the President of the Vancouver Island University Faculty Association.

 

12.6     PURCHASE OF RELEASE TIME

A faculty member may purchase release time from his or her duties at

Vancouver Island University under the following conditions:

 

  1. the faculty member has a research grant that permits the purchase of release time; or
  2. the faculty member has taken on an external part time paid position related to his or her work at Vancouver Island University and that work has been approved as PD by the PD Committee.

Where the faculty member purchases release time from his or her duties at Vancouver Island University, the faculty member shall pay only the replacement cost.

12.8     FAMILY ILLNESS

 

12.8.1         All references to spouse within the leave provisions of this Agreement

include heterosexual, common-law and same sex partners.  References to family include spouse, children, children’s spouses, stepchild, stepchild in-law, siblings, in-law siblings, parents, step-parents, parents-in-law, grandparents, grandchildren, nieces and nephews, and any other person living in the same household who is dependent upon the employee. For the purpose of Article 12.8.11 – Compassionate Care Leave – only, the definition of “family member” is as set out in Appendix I.

 

12.8.10       Absence due to illness in the immediate family or, with the approval of the appropriate Senior Administrator, absence due to other circumstances that affect the satisfactory performance of the faculty member, may be charged against the individual’s sick leave credits to a maximum of six days per year.

 

12.8.11       Compassionate Care Leave

 

                   (a) Entitlement

An employee will be granted a compassionate care leave of absence without pay for up to eight (8) weeks to care for a gravely ill family member. For the purpose of this Article, “family member” is defined as one of the persons listed in Appendix I – Family Members for the purpose of Article Compassionate Care Leave. In order to be eligible for this leave, the employee must provide a medical certificate as proof that the ill family member needs care or support and is a risk of dying within twenty-six (26) weeks.

 

An employee who is granted a compassionate care leave of absence to care for a gravely ill family member shall be entitled to the benefits as follows:

  1. The employee’s benefit coverage will continue for the duration of the compassionate care leave, to a maximum of eight (8) weeks, and the premium payment shall be on the same basis as if the employee were not on leave.
  2. Where an employee elects to buy back pensionable service for part or all of the duration of the compassionate care leave, to a maximum of eight (8) weeks, the employer will pay the employer portion of the pension contribution in accordance with the Pension Plan regulations.
  • Compassionate care leave, up to a maximum of eight (8) weeks, shall be treated as continuous employment for the purposes of seniority accrual under this Agreement.
  1. An employee who returns to work following a leave granted under this provision shall be placed in the position the employee held prior to the leave or in a comparable position.

 

12.9     BEREAVEMENT LEAVE

 

An employee will be entitled to five (5) days leave with no loss of pay and benefits in the case of the death of a family member and upon notification to the Employer.  The Employer may grant additional leave with pay.

12.10   MATERNITY, PARENTAL AND ADOPTION LEAVE

 

12.10.1       Maternity Leave

 

Maternity Leave of Absence shall be granted.  Whenever possible, a written request, specifying the desired period of leave, should be submitted at least 16 weeks in advance of the date on which the leave is to commence to the appropriate Dean, Director or Regional Campus Principal.  The duration and other terms shall be decided on an individual basis taking into account individual needs as far as possible, but shall be subject to the following general provisions:

 

12.10.1.1    If the leave of absence shall affect part or all of any semester, the faculty member shall give as much notice as possible to the appropriate Senior Administrator, to allow satisfactory arrangements to be made for any classes involved.

 

12.10.1.2    The leave of absence shall not exceed twelve (12) months.

 

12.10.1.3    The University shall maintain its share of benefits during the leave of absence, up to a period of six months.  In the event that the faculty member does not return to service at the University, he/she shall refund to the University an amount equivalent to the University contribution to the benefit schemes paid under this article.

 

12.10.1.4    On completion of leave, the faculty member shall resume her faculty position without disadvantage in seniority, salary, or benefits.

 

12.10.2       Parental Leave

 

Natural and adoptive parents will be entitled to parental leave.  A written request, specifying the desired period of leave, should be submitted whenever possible at least 16 weeks in advance of the date on which the leave is to commence to the appropriate Dean, Director or Regional Campus Principal.  The leave shall be subject to the following provisions:

 

12.10.2.1    Whenever possible, parental leave for instructional faculty (exclusive of adoption and maternity leave) shall not begin or end during a teaching semester.

 

12.10.2.2    Combined maternity/parental leave shall not exceed fifteen (15) months for natural mothers, and twelve (12) months for all others.

 

12.10.2.3    The University shall maintain its share of benefits during the leave of absence up to a period of six (6) months.  Beyond the six month period all benefits, including the University’s share, shall be the responsibility of the faculty member.  The faculty member must make advance payment to the University, to ensure continuous coverage.

 

12.10.2.4    Upon completion of leave, the faculty member shall resume his/her faculty position without disadvantage in seniority, salary, or benefits.

 

12.10.2.5    Parental leave for a natural mother must begin when maternity leave expires, unless the University agrees otherwise.  Parental leave for a natural father must commence within 52 weeks of the child’s date of birth.  Adoption leave must commence within 52 weeks of the date of adoption.

 

12.10.2.6    In the event that the faculty member does not return to the University, he/she shall refund the amount of the premiums paid on their behalf by the University during the leave of absence.

 

12.10.2.7    Where both parents are employees of the University the total entitlement shall not exceed the six (6) months of benefits entitlement and twelve (12) months of leave, fifteen (15) months in the case of natural mothers as indicated.
12.10.2.8    Maternity and Parental/Adoption leaves shall be treated as continuous employment for the purposes of seniority accrual and for movement up the salary increment scale for the duration of such leave.
12.10.3       PARENTAL LEAVE

 

12.10.3.1    Entitlement

 

                   Upon written request, an employee shall be entitled to a leave of absence without pay of up to twelve (12) consecutive months in addition to statutory requirements.

12.10.3.2    Commencement of Leave

 

                   Leave taken under this provision shall commence:

12.10.3.2.1 for the birth mother, immediately after the end of the leave taken under the pregnancy leave provisions unless the Employer and the employee agree otherwise.

12.10.3.2.2 for the birth father, after the child’s birth and within fifty-two (52) weeks of the birth.

12.10.3.2.3 for an adopting parent, within fifty-two (52) weeks after the child is placed with the parent.

 

12.10.3.3    Benefits Continuation

 

12.10.3.3.1 The Employer will maintain coverage for medical, extended health, dental, group life and long term disability benefits for leaves taken under this clause and will pay the Employer’s portion of premiums.

 

12.10.3.3.2 An employee who returns to work following a parental leave shall retain the seniority the employee had attained prior to the leave and shall accrue seniority for the period of leave.

12.10.3.3.3 An employee who returns to work following a parental leave, shall be placed in the position the employee held prior to the leave or in a comparable position.

12.10.3.3.4 An employee who has taken leave under this provision is entitled to all increases in wages and benefits the employee would have been entitled to had the leave not been taken.

12.10.3.3.5 Where the proposed commencement of the leave or return to work does not coincide with the instructional calendar the local parties will negotiate mutually acceptable dates.

 

12.10.3.3.6 Graduated Return to Work

                   Upon written request, an employee on parental leave under Article 20 may return to work on a graduated basis. Upon receipt of a request, the local parties will mutually agree to an acceptable graduated parental leave return to work plan for the employee.

 

12.10.3.4    Supplemental Employment Benefit for Maternity and Parental Leave

 

12.10.3.4.1 When on maternity or parental leave, an employee will receive a supplemental payment added to Employment Insurance benefits as follows:

 

  • For the first two (2) weeks of maternity leave an employee shall receive one hundred percent (100%) of her salary calculated on her average base salary.

  • For a maximum of fifteen (15) additional weeks of maternity leave the employee shall receive an amount equal to the difference between the Employment Insurance benefits and ninety-five (95%) of her salary calculated on her average base salary.

  • For up to a maximum of thirty-five (35) weeks of parental leave, the biological mother shall receive an amount equal to the difference between the Employment insurance benefits and eighty-five percent (85%) of the employee’s salary calculated on her average base salary.

  • For up to a maximum of thirty-seven (37) weeks of parental leave, the biological father or adoptive parent shall receive an amount equal to the difference between the Employment Insurance benefits and eighty-five (85%) of the employee’s salary calculated on his or her average base salary.

  • The average base salary for the purpose of Article 12.10.3.4.1 (a) through (d) is the employee’s average base salary for the twenty-six (26) weeks preceding the maternity or parental leave. If the employee has been on unpaid leave for part of the preceding twenty-six (26) weeks, then up to four (4) weeks of that unpaid leave will be subtracted from the twenty-six (26) weeks for the purpose of calculating the average base salary.

 

  • An employee is not entitled to receive Supplemental Employment Benefits and disability benefits concurrently. To receive Supplemental Employment Benefits the employee shall provide the Employer with proof of application for and receipt of Employment Insurance benefits.

  • If an employee is disentitled or disqualified from Employment Insurance maternity or parental benefits, the employee shall receive the supplemental payment to the appropriate percentage less the amount of Employment Insurance benefits the employee would have received if qualified for Employment Insurance benefits.

 

12.14           EXCHANGE LEAVE

 

Exchange leave involves a program whereby a faculty member exchanges, for an extended period of time, his/her position and responsibilities with a qualified person from another institution.

 

12.14.1       A faculty member on Exchange Leave shall gain professionally from the insights into the workings of another institution, and also from the obvious benefits which may result from a change in environment, geography, and personal experience.

 

12.14.2       The Exchange Leave shall normally be for one full semester or for one academic year.

 

12.14.3       The salary of the faculty member on exchange leave shall be paid by Vancouver Island University, and the replacement’s salary by the exchange institution.  This may be modified, however, in cases where Exchange Leave presents problems of inequities in salary, and the appropriate senior administrator and Board shall then attempt to arrive at a financial arrangement that is feasible and agreeable to all parties.

 

12.14.4       The University shall, during the period of Exchange Leave, continue to contribute to the faculty benefit plans which are applicable to the faculty member providing the faculty member continues to contribute.

 

12.14.5       The President shall recommend suitable candidates for exchange leave to the University Board.

 

12.15           GENERAL LEAVE, UNPAID

 

Non‑instructional faculty members may receive, on written application to the appropriate Senior Administrator, permission to be absent from the University, without pay.

 

12.15.1       A faculty member may apply for a partial or full release Leave of Absence from the University for a maximum period of three (3) consecutive years.  Requests should be forwarded to the Chair and then to the Dean for comments and recommendation.  The request will then be reviewed by the Executive Director of Human Resources prior to final approval from the Vice-President Academic.  The decision to grant the leave shall be based on the Standard of Reasonableness.  Requests should be submitted to the appropriate Dean, with three (3) month’s notice required.

 

12.15.2       Faculty members on a full release leave of absence may maintain their benefit plans by monthly payments of the full faculty and employer shares.  Faculty members on a partial release leave of absence shall continue to contribute to the benefit plans as provided in Article 13.

 

 

12.15.3       Faculty members on a Leave of Absence shall bank their accrued seniority credits earned up until the commencement of the leave.  No seniority credits shall be granted for the leave period (except under Article 12.15.4).  Faculty members shall lose all seniority credits should they continue their Leave of Absence beyond three years except the case of leaves for serving in public office, as described in Article 12.16, in which case leave can be extended to a maximum of five years plus the intervening months between the next August 1 or January 1, whichever comes first.

 

12.15.4       Upon receiving an approved Leave of Absence (Article 12.15) and before taking said Leave of Absence, faculty shall submit a written description of their plans to the University Leave Committee.  The University Leave Committee shall then determine whether said leave shall be granted “Preliminary Approval as Professional Development Leave of Absence” under the guidelines of Article 12.4.9(d).

 

Upon the faculty member’s return from a Leave of Absence which was given “Preliminary Approval as Professional Development Leave of Absence”, he or she shall supply supporting documentation and evidence that the plans were successfully completed to the University Leave Committee.  The Committee shall review the original application, the supporting documentation and evidence to determine if the leave conformed to the original plans.

 

Should the Committee determine by simple majority vote, after reviewing the application to confirm and grant the leave P.D. status, the faculty member shall be given his/her full seniority credits for the period of his/her Leave of Absence.

 

 

12.15.4.1    The Leave Committee shall also recommend to the President persons who are given P.D. status shall be eligible for normal increments for the period of the leave.

 

12.15.5       A one-half year leave of absence shall normally be for a period January 1 to June 30 or the period July 1 to December 31.  A full year leave shall be for the twelve‑month period following commencement of the leave.

 

12.15.6       Faculty on unassisted leave must give at least five months notice to the appropriate Dean, Director, or Regional Campus Principal, that they intend to return to the University at the predetermined date.   This provision applies to leaves that commence on or after August 1, 2001.  The Human Resources Office will note this requirement and quote the relevant contract section on the appointment form initiating the commencement of the leave.  As a further step, if notice has not been received four months prior to the expiry of the leave, the Human Resources Office will send notification by certified mail to the last known address provided by the employee outlining the requirement to confirm the return‑to‑work date.  Failure to so notify the University by the required date will result in the leave automatically being extended for the subsequent semester.  The University shall, having extended the faculty member’s leave for one semester, inform the faculty member by certified mail, at least four months prior to the end of the extended leave, to their last known address, that their leave has been extended and of the consequences of not providing a written commitment to return at the end of the extended leave.

 

Should no official written commitment to return to work be forthcoming from the faculty member three months before the end of the extended leave, the faculty member will be deemed to have abandoned their position with the University.

 

12.16           PUBLIC DUTIES

 

12.16.1       An employer will grant a leave of absence without pay to an employee to engage in election campaign activities in a municipal, provincial or federal election to a maximum of ninety (90) days.  Such leaves will not be unreasonably denied.

 

 

12.16.2       An employer will grant a leave of absence without pay to an employee:

 

                   (a)  to seek election in a municipal, provincial or federal election to a

                          maximum of ninety (90) days.

                   (b)  where elected to public office, for up to two (2) consecutive terms.

 

12.17           Jury Duty and Court Appearances

 

                   Leave of absence without loss of pay and benefits will be provided to an employee summoned to serve on a jury or when subpoenaed or summoned as a witness in a criminal or civil proceeding not occasioned by the employee’s private affairs, or when the employee accompanies a dependent child when the child is subpoenaed or summoned to appear as a witness in a criminal or civil proceeding.  An employee in receipt of pay or benefits under this article has the responsibility to reimburse the Employer all monies paid to him or her by the Court, except traveling and meal allowances not reimbursed by the Employer.

12.18           Deferred Salary Leave

 

                   Each Employer ratifying this Agreement will continue or establish a deferred salary leave plan consistent with Regulations issued by Canada Customs Revenue Agency under the Income Tax Act.

 

12.19           Seniority Accrual

All paid leaves shall be treated as continuous employment for the purposes of seniority accrual.

12.20           Retention of Status

 

An employee on approved paid or unpaid leave will retain his or her employment status for the duration of the leave.

2018-06-12T14:58:24-07:00 June 8th, 2018|