12. LEAVE, PAID AND UNPAID, PROFESSIONAL DEVELOPMENT AND SCHOLARLY ACTIVITY
12.2 VACATIONS
12.2.1 The employer shall provide each regular instructional, limited term contract faculty member, and faculty members in non-instructional Academic Experience Positions 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, and faculty members in non-instructional Academic Experience Positions 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 their 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.
12.2. 5 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, they have 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 Instructional Support, Technology Support and University Experience Positions:
Faculty members in these positions are entitled to twenty-one (21) days annual vacation. The scheduling of this vacation shall be arranged by the faculty member in consultation with and subject to the approval of the Appropriate Senior Administrator. Full-time faculty members in these positions 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 Temporary Non-Instructional Appointees:
a) Temporary appointments for Academic Experience positions shall include a vacation entitlement of twenty (20) accrued days* or 8% vacation pay in the first year of employment, thirty (30) accrued days* or 12% vacation pay in the second year of employment, and forty (40) accrued days* or 16% vacation pay in the third year of employment.
b) Temporary appointments for Instructional Support, Technology Support and University Experience positions shall include a vacation entitlement of twenty (20) accrued vacation days* or 8% vacation pay.
*vacation amounts based on full-time work hours.
c) Vacation pay shall be paid out on a biweekly basis for appointments of less than five months.
d) After the fifth month of continuous temporary employment, upon the request of a temporary employee, vacation entitlement can be accrued and shall be used during the term of the temporary appointment. Any unused vacation entitlement will be paid out at the end of the temporary appointment.
e) 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:
a) provide each regular faculty member, upon application, a minimum of $1200 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:
i) Membership fees in professional organizations and learned societies;
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;
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);
v) Computer purchases (once every three years);
vi) Other activities deemed of significant benefit to Vancouver Island University.
Faculty who receive reimbursement for the purchase of a computer will be required to confirm that the computer is for their use only in relation to their professional development pursuits.
Goods purchased through Professional Development funds remain the property of the University, with the exception of purchased computers which will remain property of the University for three years. The taxable status of these expenditures will be in accordance with Canadian Revenue Agency legislation and guidelines.
Faculty members may elect to open Research Accounts.
Unexpended balances at the end of the fiscal year (March 31) can be:
- Claimed on an expense claim form authorized by the Dean, Director or Campus Administrator. Payment to the faculty member of 75% of the unexpended balance at the end of the fiscal year (March 31) will be added to their 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;
- Carried forward to the following fiscal year provided that at no time will an employee’s Professional Development fund balance exceed $3,000; or
- 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.
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.
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. For new assisted leaves beginning after April 1, 2021, provide funds to support the equivalent of eight and one-half full-time professional development leaves of absence (assisted leaves) at a minimum of 80% of regular salary.
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 $1200 per year provided:
- The activities (as per Article 12.3.1.a) have been approved by the appropriate academic administrator and
- Receipts of expenses are submitted prior to but no later than 30 calendar days after the conclusion of the limited term contract.
12.3.2.1 Regular non-instructional faculty members shall receive two (2) weeks per calendar year to engage in professional development activities (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.
Professional development time may be carried over to the following calendar year, or borrowed from future calendar years, provided at no time will the total professional activity time exceed six (6) weeks. If a faculty member leaves the employment of VIU and has used PD time borrowed from a future calendar year, the member shall repay the University the equivalent of the PD deficit time in salary.
12.3.2.2 When additional professional development time is needed non-instructional faculty may, upon written application to the appropriate Administrator, receive special permission to be absent from the University.
12.3.2.3 Where professional development activities or associated travel time, by necessity, fall on a weekend or statutory holiday, the non-instructional faculty member will receive a corresponding day off in lieu. The day(s) in lieu will be used with the administrative manager’s approval within eight weeks of the conclusion of the professional development activity.
12.3.3 Waiver of Tuition Fees for University Employees
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.
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 developed by VIU.
*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 AND SCHOLARLY ACTIVITY)
12.4.1 The University recognizes that Professional Development and Scholarly Activity are important to academic excellence, and essential components of the faculty workload. It is recognized that major curriculum development and innovation are undertakes that benefit the University and its programs. Many opportunities for professional development may require workload commitment that necessitates varying levels of release from other duties. In order to encourage faculty to take advantage of these opportunities, a program of professional development and scholarly activity leave of absence has been developed.
12.4.1.1 Faculty members may apply for a full, or half-year assisted leave of absence for Assisted Professional Development.
i. A full year assisted leave is a leave from duties for a full academic year. Normally the leave will commence July 1st. A full year P.D. leave shall be for the twelve-month period following commencement of that leave.
ii. A half-year leave is designed to free a regular faculty member from 50 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% (80% effective April 1, 2021) 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% (80% effective April 1, 2021) of the salary they would be entitled to as a full time faculty member.
A one‑half year P.D. assisted leave 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.
As provided in 12.3.1 the Employer will provide funds to support the equivalent of eight and one-half full-time assisted leaves at a minimum of 80% of regular salary, effective April 1, 2021.
12.4.1.2 Section Release is a time award and intended to support Professional Development and Scholarly Activity projects that do not require full-year or half-year leaves. A section release allows a faculty member one or two sections of release in an academic year. If taking two sections, those sections may be taken at the same time or in different semesters. The University will provide a minimum of two (2) sections of release time. Further sections of release may be provided as resources allow. Section release is not subject to the 30% (20% effective April 1, 2021) reduction in pay and does not impact eligibility for other releases. Time awards are fully funded. Section release cannot be taken as overload or banked for future use.
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 their 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 their salary, all travel, meal and accommodation costs incurred while fulfilling their duties of employment under the terms of their 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, 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 their earnings from employment or contracts while on assisted leave exceed their 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 their P.D. leave 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 them or on their behalf by the University during the P.D. leave.
12.4.6 Upon completion of P.D. leave, the faculty member is assured of resuming duties at a salary level equal to that which they would have received, had they remained in their 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 Campus Administrator, 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, 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.
12.4.9.1 In order to be eligible for a half-year or full-year P.D. leave, a faculty member must have a regular appointment and at least three FTE years of VIUFA seniority preceding the commencement date of the leave.
12.4.9.1.2 propose in their application a program which shall be of professional benefit to them and which shall increase their potential contribution to the University. Such programs may include:
i) Further academic studies relevant to the professional growth of the faculty member in their particular area of scholarship and/or to the Vancouver Island University curriculum.
ii) Engagement with community, business, industry or government entities with direct relevance to the role of the faculty member within the University.
iii) Studies of educational systems and methods in other institutions.
iv) Engagement in scholarship, research or creative activity that benefit the faculty member professionally.
12.4.9.1.3 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.
12.4.9.2 In order to be eligible for a section release as defined in Article 12.4.1.2, a faculty member must
a) have a regular appointment and at least three (3) years of VIUFA seniority.
b) propose a research project that is appropriate in scope and duration for a section release, and meets the eligibility requirements outlined in Article 12.4.9.1.2
c). not hold a half-year assisted leave in the same academic year in which the section release was taken.
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
a) the Vice-President Academic, or designate, who shall be an ex officio, non‑voting member;
b) a Dean of an Academic program; and
c) normally six faculty representatives ‑ including one elected by the non‑instructional faculty.
12.4.10.2.1 For Professional Development and Scholarly Activity Leave, the committee shall:
(i) determine which applicants have satisfied the eligibility conditions of Article 12.4.9.
(ii) 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.
(iii) forward its list of recommendations to the University President with a brief description of the Professional Development pursuit.
(iv) return all applications and confidential papers to the applicants not later than October 31.
12.4.10.3 Procedures for Half-Year and Full-Year 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 full year and half year assisted leave that the applicant has had so far; and
FTE Leave Applied For is the number of FTE years of full and half year 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.
12.4.10.3.3 Procedures for Section Release
All eligible applicants will be ranked on the basis of the merit of their proposals. Faculty members cannot have a half year release and a section release in the same academic year.
12.4.10.4 The University President, or designate, shall notify in writing, all applicants approved for P.D. leave. The President of VIUFA will also be notified.
12.4.10.5 Should any of the successful applicants be unwilling or unable to take the assisted leave, or the assisted leave funding is not fully expended, the Committee will reconsider the remaining applicants and grant awards of full, half or section leave of absence. The Committee will first consider half-year and full year leaves.
12.4.10.5.1 When the residual assisted leave funding is used for sectional releases, the total combined funds disbursed in an academic year for full year, half year, and section releases will be equivalent to eight and one half leaves at 70% (80% effective April 1, 2021). A Dean or supervisor will not unreasonably deny faculty release from their regular work assignment when they have been awarded sectional releases.
12.4.10.5.2 If a successful applicant is unwilling or unable to take the assisted leave they will advise the Committee in writing no later than January 15 of the preceding academic year.
12.4.10.6 If a faculty member on assisted leave wishes to extend his/her their 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.
12.4.10.7 The faculty member shall submit a report to the President, summarizing the professional development that has been accomplished on a Professional Development Leave, in the first semester after returning from the leave. This report will be in a form approved by the Committee. Extensions may be granted with support from the faculty member’s Dean or Director. Faculty members with outstanding reports are ineligible to apply for future assisted leaves.
12.4.10.8 In order to stimulate scholarly activity and curriculum development activities, the University shall contribute at least $5,000 per year to a Research Fund administered by VIURAC.
12.6 PURCHASE OF RELEASE TIME
A faculty member may purchase release time from their duties at Vancouver Island University under the following conditions:
a) the faculty member has a research grant that permits the purchase of release time; or
b) the faculty member has taken on an external part time paid position related to their 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 their duties at Vancouver Island University, the faculty member shall pay only the replacement cost.
12.7 LEAVE FOR DOMESTIC AND SEXUAL VIOLENCE
Where leave from work is required due to an employee and/or an employee’s dependent child experiencing domestic or sexual violence, the employee shall be granted leave, in each calendar year, as follows and in accordance with Employment Standards Act:
- up to 10 days of leave, of which three (3) will be paid and
- up to 15 weeks of unpaid leave.
Leave under (a) or (b) above may be taken in one continuous period or intermittently.
In the event existing legislation is changed regarding domestic violence leave to provide more than three (3) days paid leave, the Employer will provide such leave consistent with the legislation.
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.
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 granted 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 twenty-seven (27) 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 the Family Member Regulation, pursuant to the Employment Standards Act. In order to be eligible for this leave, the employee must provide a certificate from a medical practitioner or nurse practitioner stating that the ill family member has a serious medical condition with a significant risk of death within twenty-six (26) weeks. The employee must provide a copy of the certificate to the Employer as soon as practical, upon request.
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:
i. The employee’s benefit coverage will continue for the duration of the compassionate care leave, to a maximum of twenty-seven (27) weeks, and the premium payment shall be on the same basis as if the employee were not on leave.
ii. 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 twenty-seven (27) weeks, the employer will pay the employer portion of the pension contribution in accordance with the Pension Plan regulations.
iii. Compassionate care leave, up to a maximum of twenty-seven (27) weeks, shall be treated as continuous employment for the purposes of seniority accrual under this Agreement.
iv. 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 4 weeks in advance of the date on which the leave is to commence to the appropriate Dean, Director or Campus Administrator. 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 seventeen (17) consecutive weeks.
12.10.1.3 The University shall maintain its share of benefits during the leave of absence, up to a period of seventeen (17) weeks.
12.10.1.4 On completion of leave, the faculty member shall resume their faculty position without disadvantage in seniority, salary, or benefits.
12.10.2 PARENTAL LEAVE
Parental Leave of absences will be granted. A written request, specifying the desired period of leave, should be submitted whenever possible at least four (4) weeks in advance of the date on which the leave is to commence to the appropriate Dean, Director or Campus Administrator. The leave shall be subject to the following provisions:
12.10.21 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 Entitlement
Upon written request, an employee shall be entitled to parental leave.
12.10.2.3 Commencement of Leave
Leave taken under this provision shall commence:
12.10.2.3.1 In the case of an employee who took maternity leave as per clause 12.10.1 above, up to sixty one (61) consecutive weeks of unpaid leave may be taken, which must begin, immediately after the end of the leave taken under the maternity leave provisions unless the Employer and the employee agree otherwise.
12.10.2.3.2 In the case of a parent (other than the employee who gave birth) or adoptive parent, up to sixty-two (62) consecutive weeks of unpaid leave may be taken which must commence within seventy-eight (78) weeks of the birth of the child or the date the child is placed with the parent.
12.10.2.4 Benefits Continuation
12.10.2.4.1 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.
12.10.2.4.2 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.
12.10.2.4.3 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.
12.10.2.4.4 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.
12.10.2.4.5 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.
12.10.2.4.6 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 parties will mutually agree to an acceptable graduated parental leave return to work plan for the employee.
12.10.2.5 Supplemental Employment Benefit (SEB) for Maternity and Parental Leave
12.10.2.5.1 When on maternity or parental leave, an employee in receipt of Employment Insurance will receive a supplemental payment added to Employment Insurance benefits as follows:
a) For a maximum of fifteen (15) weeks of maternity leave the employee shall receive an amount equal to the difference between the Maternity Employment Insurance Benefit and ninety-five (95%) of her salary calculated on her average base salary.
b) For up to a maximum of thirty-five (35) weeks of parental leave, the biological, adoptive or legally recognized parent shall receive an amount equal to the difference between the Standard Parental Employment Insurance Benefit and eighty-five percent (85%) of the employee’s salary calculated on their average base salary.
c) If the biological, adoptive or legally recognized parent elects the Extended Parental EI Benefit, for a maximum of sixty-one (61) weeks the parent shall receive the same total SEB benefit amount received under article 12.10.2.5.1 (b) when the employee opts for the thirty-five (35) week EI benefit, spread out and paid over the sixty-one (61) week period. The Employer will make this calculation.
d) For the two weeks of the leave where no EI benefit is paid, the following SEB will be paid:
(i) For employees who are eligible to receive SEB as per clause 12.10.2.5.1 (a) and (b), or (a) and (c), they shall receive one hundred percent (100%) of their salary calculated on their average base salary.
(ii) For employees who are eligible to receive SEB as per clause 12.10.2.5.1 (b) or (c), they shall receive eighty-five percent (85%) of their salary calculated on their average base salary. Should there be no waiting period, then the employee will receive eight-five percent (85%) of their salary calculated on their average base salary for the last week when no EI is paid.
- The average base salary for the purpose of Article 12.10.2.5.1 (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.
12.10.2.5.2 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.
12.14 EXCHANGE LEAVE
Exchange leave involves a program whereby a faculty member exchanges, for an extended period of time, their 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 Associate Vice-President, 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 12.4.9.1.2.
Upon the faculty member’s return from a Leave of Absence which was given “Preliminary Approval as Professional Development Leave of Absence”, they 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 their full seniority credits for the period of their 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 Campus Administrator, 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 them 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 their employment status for the duration of the leave.