25.1 Leave of Absence without Compensation
25.1.1 The University recognizes that Members may, on occasion, desire, or need to take a temporary leave of absence from their regular duties for various personal reasons other than illness.
25.1.2 A Member may request a Leave of Absence without Compensation up to a maximum of twelve (12) months. Requests for such a Leave will be submitted in writing to the Member's immediate supervisor, who will forward a copy to the appropriate Dean or Vice-President, at least four (4) weeks before the date of desired commencement of absence from work. The request will include the duration of and reason for the leave.
25.1.3 The appropriate Dean or Vice-President will inform the Member of the disposition of the request, in writing, no later than ten (10) working days following receipt of the request for leave. Granting of permission for leave will not be unreasonably withheld provided that the leave can be reasonably accommodated. The withholding of such permission may become the subject of a grievance. Such a grievance will be initiated at Step 2 of the grievance procedure.
25.1.4 For the first thirty (30) calendar days of a Leave of Absence without Compensation, the benefit coverage and premium payments by the University and the Member will not change. After the first thirty (30) calendar days, the Member will be required to make both the Member and University contributions toward the cost of the available benefits that the Member wishes to continue and will advise the University in writing of their intention to do so. The University will continue to make employer contributions to the Pension Plan unless the Member has advised the University in writing that the Member does not wish to continue to make the Member contributions. The Human Resources department will consult with the Member regarding the ramifications of discontinuing contributions to the Pension Plan. While on leave, benefit levels will be based on the Member’s reference salary unless otherwise stated in this Article.
25.1.5 A Member who elects to return from a Leave of Absence without Compensation prior to the original date of return will notify their supervisor in writing at least four (4) weeks in advance, giving the revised date of return. In the event that the Member's position has been filled for the duration of the leave, the Member seeking an early return to work will provide notice equal to the amount of notice required to displace the incumbent.
25.1.6 Upon return to work from a Leave of Absence without Compensation, a Member will resume their former position provided that it still exists, with full salary and benefits. If their former position no longer exists, Article 13: (Position Redundancy/Layoff), Article 14: (Priority Placement), and Article 15: (Displacement) will apply.
25.1.7 Article 25.1.6 will not apply in situations where a Member accepts a position at the University outside of the bargaining unit during a Leave of Absence without Compensation; Article 12.7 (Transfers /Promotions) will apply.
25.2 Association Federation Leave
25.2.1 If a Member is elected to serve in a full-time capacity with the Ontario Secondary School Teachers’ Federation (OSSTF), the University agrees to provide the Association with a maximum of 1820 hours of release time annually for the Member without loss of compensation and benefits. OSSTF will reimburse the University for all costs associated with this release including compensation, benefits, and pension. The Member will notify their immediate supervisor at least one (1) month in advance of the release.
25.2.2 If a Member is elected to serve in a part-time capacity with OSSTF, the Member will make arrangements with their immediate supervisor for leave with full compensation and benefits, at least one (1) month in advance of the leave. Such leave will not be unreasonably denied. The Association will reimburse the University for all leave periods at the full cost of the Member's compensation and benefits.
25.2.3 The University shall post a Limited-Term Position with a term length that coincides with the term of the Federation Leave. Should an existing Federation Leave continue for another term, the University shall extend the current Limited-Term Position or post a new Limited-Term Position.
25.2.4 If a Member requires an extension of the leaves of absence under Articles 25.2.1 and 25.2.2, they must submit the request in writing at least four (4) weeks prior to the desired start of the extended leave period, to their immediate supervisor, who will forward a copy to the appropriate Vice-President.
25.2.5 The appropriate Vice-President will inform the Member of the disposition of the request, in writing, no later than ten (10) working days following the receipt of the request. Granting of permission of the leave extension will not be unreasonably withheld provided that the leave can be reasonably accommodated.
25.2.6 Upon return to work from a Federation Leave, the Member will resume their former position provided that it still exists, with full Reference salary and benefits. If their former position no longer exists, Article 13: (Position Redundancy/ Layoff), Article 14: (Priority Placement), and Article 15: (Displacement) will apply.
25.3 Bereavement Leave
25.3.1 In the event of a death in a Member's immediate family, defined as spouse as per Article 2: (Definitions), son, daughter, children of the Member's spouse, children of common-law spouse, step-children, ward, guardian, brother, sister, and parent, a Member will be entitled to a leave of absence with full compensation and benefits for up to five (5) consecutive working days.
25.3.2 In the event of a death of a non-immediate family member, defined as father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, grandmother and grandfather, and grandparents of the Member's spouse, the Member will be entitled to a leave of absence with full compensation and benefits for up to three (3) consecutive working days.
25.3.3 A leave of absence with full compensation and benefits of one (1) day may be granted if a Member is unable to attend the funeral of a member of the immediate family because of distance, but requires the day to make funeral arrangements and/or to attend a local service.
25.3.4 In the case of the death of a close friend or relative not mentioned in this Article, a leave may be granted in accordance with Article 25.12 (Personal Leave).
25.3.5 If extensive travel is required to attend the funeral of a family member, an additional leave with full compensation and benefits to a maximum of two (2) days may be granted.
25.3.6 Where bereavement in accordance with this Article occurs during a Member's vacation period, the Member may substitute bereavement leave for the period in question provided that the Member contacts their immediate supervisor during the vacation period and provides evidence satisfactory to the supervisor. The Member would then be eligible to schedule the unused portion of their vacation at a later date.
25.4 Committee Leave
25.4.1 Where a Member is required to serve on a University Committee as an Association representative, the Member will make a request to their immediate supervisor for the necessary time off with no loss of compensation and benefits for activities, including meetings required by the Committee Chairperson. Such requests will not be unreasonably denied.
25.4.2 When such meetings require attendance of a Member outside of their normally scheduled hours of work, the Member will be granted overtime in accordance with Article 23: (Hours of Work and Overtime). Overtime will not be granted for periods of time less than thirty (30) minutes.
25.5 Compassionate Leave
25.5.1 Members who care for a terminally ill family member under the terms of the Employment Insurance Act and who apply and are approved for EI benefits are eligible for a supplementary employment benefit as follows: a Member shall receive 100% of his/her Reference Salary for two weeks, and for the period up to a maximum of 6 additional weeks, the Member shall receive an amount equal to the difference between the Employment Insurance benefits received and 95% of the Member's Reference Salary.
25.5.2 To receive the supplementary employment benefit in 25.5.1, the Member shall supply the University with proof of application to the Employment Insurance Commission, and the payment of the supplementary employment benefit shall be in accordance with 25.11.4.7.
25.5.3 During a Compassionate Leave, the University and Member will continue to make contributions toward the cost of the available pension and benefit plans, unless the Member has advised the University, in writing, that the Member does not wish to continue to make the Member contributions to such plans. The University will continue to make employer contributions to the Pension Plan unless the Member has advised the University in writing that the Member does not wish to continue to make the Member contributions. The Human Resources department will consult with the Member regarding the ramifications of discontinuing contributions to the Pension Plan. Benefit levels will be based on the Member’s reference salary, unless otherwise stated in this Article.
25.6 Court Duty and Citizenship Leave
25.6.1 A leave of absence without loss of compensation and benefits will be granted to Members who are summoned to be witnesses or jurors by a court or any body with the power of subpoena. Members will notify their immediate supervisor of the summons as soon as possible, and provide them with a copy of the summons.
25.6.2 A Member becoming a Canadian citizen will be entitled to a full day with no loss of compensation and benefits in order to attend the citizenship proceedings.
25.7 Educational Leave
25.7.1 The University recognizes the importance of human resources development and therefore may authorize Educational Leaves to improve the effectiveness and efficiency of its Members and to provide opportunities for personal growth.
25.7.2 All Members having five (5) or more years of service with the University are eligible for an Educational Leave of up to two (2) years in length.
25.7.3 Eligible Members may request, in writing to their supervisor, an Educational Leave for the purpose of completing a college or university education. Application must be made three (3) months prior to the commencement of the leave.
25.7.4 The request must set out the objectives for the leave, the start date, proof of acceptance to or eligibility for continuance in an academic program, the proposed length of absence, and the expected benefits to both the Member and the University. The supervisor will forward the request to the appropriate Vice-President with a copy to the Chief Human Resources & Equity Officer.
25.7.5 The Member will be notified of the granting, denial or deferral of an Educational Leave within two (2) months of submitting the application to their supervisor. Granting of permission will not be unreasonably withheld provided that the leave can be reasonably accommodated. The withholding of such permission may become the subject of a grievance.
25.7.6 Throughout the Educational Leave period, Members will receive twenty-five percent (25%) of their current salary on their regular pay cycle.
25.7.7 For the first thirty (30) calendar days of an Educational Leave, the benefit coverage and premium payments by the University and the Member will not change. After the first thirty (30) calendar days, the Member will be required to make both the Member and University contributions toward the cost of the available benefits that the Member wishes to continue and will advise the University in writing of their intention to do so. The University will continue to make employer contributions to the Pension Plan unless the Member has advised the University in writing that the Member does not wish to continue to make the Member contributions. The Human Resources department will consult with the Member regarding the ramifications of discontinuing contributions to the Pension Plan. While on leave, benefit levels will be based on the Member’s reference salary, unless otherwise stated in this Article.
25.7.8 The contributions and coverage under the Long Term Disability Plan shall be based on the Member’s actual salary.
25.7.9 A Member who elects to return from an Educational Leave prior to the original date of return will notify their supervisor in writing at least four (4) weeks in advance, giving the revised date of return. In the event that there is a replacement employee, the Member seeking an early return to work will provide notice equal to the amount of notice required to displace the incumbent.
25.7.10 Upon completion of the leave, Members are required to return to the University for a minimum of one (1) year or, failing this, they will be required to reimburse the University for any salary received during the Leave.
25.7.11 Upon return to work from an Educational Leave, a Member will resume their former position, provided that it still exists, with full salary and benefits. If their former position no longer exists, Article 13: (Position Redundancy), Article 14: (Priority Placement) and Article 15: (Displacement) will apply.
25.8 Election Leave
25.8.1 In Federal Elections, Members who are eligible to vote will be granted a leave with pay where required to ensure that the Member has a period of four (4) consecutive hours for the purpose of voting during the time that polls are open on election day. In Provincial and Municipal Elections, the leave will be granted to ensure that the Member has a period of three (3) consecutive hours for the purpose of voting. Any such leave must be arranged with the Member's immediate supervisor.
25.9 Official University Closure
25.9.1 Should the President declare the University closed temporarily due to environmental conditions, utility disruptions, road conditions, acts of God, or other similar emergencies, Members will receive their regular salary and benefits during the closure.
25.9.2 The University assumes that Members will make every effort to get to work on time during inclement weather. When storms occur, Members are expected to make arrangements that will enable them to arrive as soon as possible and to notify their immediate supervisor of possible delays or absence.
25.9.3 Severe weather may lead to a decision either to cancel classes, in which case all other normal activities of the University continue, or to close the University with the exception of essential services. Consistent with the University Policy 7.6 (Severe Weather Closing) the positions of Animal Care Technician and Supervisor may be designated essential services.
25.9.4 The decision to close the University or to cancel classes will be made by 7:00 a.m. for day classes and scheduled events, and by 2:00 p.m. for classes and scheduled events after 5:30 p.m.
25.9.5 All Members identified under Article 25.9.3 required to work when the University is closed will be entitled to receive compensation of time and one-half either as time in lieu or in pay for all hours worked during the closure.
25.9.6 In the event of a power outage, the Research Instrumentation Technician and the Animal Care Supervisor (or the Animal Care Technician) will be required to work. Compensation will be as follows:
i. if the power outage results in the closure of the University during normal working hours, the Research Instrumentation Technician and the Animal Care Supervisor (or the Animal Care Technician) will be entitled to receive compensation of time and one- half either as time in lieu or in pay for all hours worked during the closure.
ii. if the power outage occurs outside of normal working hours, the Research Instrumentation Technician and the Animal Care Supervisor (or Animal Care Technician) will be compensated as per Article 23.11 (Call Back).
25.9.7 A leave with full compensation and benefits of up to one (1) day per fiscal year will be granted to a Member who is absent from work as a result of extreme weather conditions when the University is open. Further leaves of this nature may be granted in accordance with Article 25.12 (Personal Leave).
25.10 Paid Holidays
25.10.1 The University recognizes the following as paid holidays:
- New Year's Day
- Family Day
- Good Friday
- Victoria Day
- Canada Day
- Civic Holiday
- Labour Day
- Thanksgiving Day
- Christmas Day
- Boxing Day
- New Year's Eve Day
In addition, there will be three (3) floating days which will be designated annually that will normally fall within the Christmas break.
25.10.2 Members will receive their regular daily rate of pay for the above paid holidays provided the Member has worked on their last scheduled work day preceding the paid holiday and their first scheduled work day following the paid holiday unless absent due to an illness or an approved leave.
25.10.3 The Member's regular daily rate of pay is determined by multiplying the Member's hourly rate of pay by the number of hours the Member would normally have worked on the day the paid holiday falls.
25.10.4 The regular daily rate of pay for Members whose hours of work vary considerably from day to day will be determined by averaging their daily hours, exclusive of overtime, for the days worked in the thirteen (13) weeks preceding the paid holiday.
25.10.5 Members required by the University to work on any of the paid holidays listed in Article 25.10.1, excluding the "floating" days, will, in addition to their holiday pay, receive:
i. compensation at the rate of two (2) times their salary rate for hours worked; or
ii. time off in lieu of payment equivalent to two (2) times the hours worked.
25.10.6 Members will not normally be required to work on a designated floating day. Members who are required to work on a floating day will be compensated as per Article 23.11 (Call Back).
25.10.7 Paid holidays falling on a Saturday will normally be observed the preceding Friday; those falling on a Sunday will normally be observed the following Monday.
25.10.8 When any of the holidays defined in Article 25.10.1 fall during a Member's vacation period, the Member will receive an additional day of vacation.
25.10.9 Holiday pay will not apply to those Members on long-term disability, layoff, WSIB benefits, or on approved Leaves of Absence without Compensation.
25.11 Pregnancy, Parental, Adoption Leave
25.11.1 Pregnancy Leave
25.11.1.1 A Member who is pregnant will be entitled, upon their application to their supervisor, to a leave of absence of seventeen (17) weeks, or such shorter leave as she may request, commencing during the seventeen (17) weeks immediately preceding the estimated birth date, provided that the Member has been employed by the University for at least thirteen (13) weeks before the expected birth date.
25.11.1.2 A Member will give their immediate supervisor two (2) weeks notice, in writing, of the day on which they intends to commence their pregnancy leave, and the intended duration of such leave. Should their immediate supervisor require a certificate, signed by a legally qualified medical practitioner, stating the estimated birth date, the University will reimburse the Member for the full cost of the certificate.
25.11.1.3 The University will make reasonable effort to accommodate a pregnant Member to perform the essential duties of their position.
25.11.1.4 A Member who returns to work on the expiration of their Pregnancy Leave will be reinstated in their former position with full Reference Salary and benefits. If their former position no longer exists, the reinstatement provisions as stated in the Employment Standards Act, 2000 and as amended from time to time will apply. Seniority will accrue during the leave.
25.11.1.5 A Member wishing to return prior to the original date of return will notify their supervisor in writing of their intentions, at least four (4) weeks in advance, giving the revised date of return.
25.11.2 Post-Natal Leave
25.11.2.1 On the occasion of the birth of a child, the child's parent who is not taking a Pregnancy Leave will be entitled to a leave with no loss of compensation and benefits of up to five (5) days, to be taken within four (4) weeks of the birth. A Member will apply in writing to their supervisor two (2) weeks prior to the commencement of the leave.
25.11.3 Parental Leave
25.11.3.1 A Member who is a parent and who has been employed by the University for a period of at least thirteen (13) consecutive weeks prior to the start of the leave or thirteen (13) weeks before a child comes into the parent's custody, care and control for the first time will be entitled to a leave of absence without pay of up to sixty-one (61) weeks.
25.11.3.2 The Parental Leave of a Member who has taken Pregnancy Leave will commence immediately upon the completion of their Pregnancy Leave or when the baby first comes into the custody, care and control of the parent. For other parents, including adoptive parents, Parental Leave will commence within seventy-eight (78) weeks of the birth or after the child first comes into the custody, care and control of a parent. The provisions of the Parental Leave will be in accordance with the Employment Standards Act, 2000 and as amended from time to time.
25.11.3.3 A Member will give written notice to their supervisor at least two (2) weeks prior to the commencement of a Parental Leave. This notice will include the intended duration of the leave.
25.11.3.4 A Member wishing to return from Parental Leave prior to the original date of return will notify their supervisor, in writing, at least four (4) weeks in advance, giving the revised date of return.
25.11.3.5 A Member who returns to work on the expiration of their Parental Leave will be reinstated in their former position with the full salary that they would have been entitled to had they not taken the leave. If their former position no longer exists, the reinstatement provisions as stated in the Employment Standards Act, 2000 and as amended from time to time will apply. Seniority will accrue during the leave.
25.11.4 Supplementary Benefits for Pregnancy and Parental Leave
25.11.4.1 Supplementary benefits are only available to Members who hold a continuing or recurring position.
25.11.4.2 During the period of Pregnancy Leave, the Member is entitled to supplementary benefits as follows:
i. for the first two (2) weeks, the Member will receive one hundred percent (100%) of their full Reference Salary;
ii. for a maximum of fifteen (15) additional weeks, the Member will receive an amount equal to the difference between the Employment Insurance benefits received and ninety-five (95) percent of their full reference salary.
25.11.4.3 A Member who has not received supplementary benefits for a pregnancy leave under 25.11.4.2 shall be eligible to receive:
i. 100% of their reference salary for the first two (2) weeks of Parental leave, and
ii. an amount equal to the difference between the Employment Insurance benefits received and ninety-five (95) percent of the Member's Reference Salary for the next ten (10) weeks of Parental Leave.
25.11.4.4 A Member who becomes a primary caretaker of their spouse's child because of the death or total dismemberment of the birth mother at the time of birth will, in addition to 25.11.4.3, be entitled to an amount equal to the difference between the Employment Insurance benefits received and 95% of the Member's Reference Salary for an additional seventeen (17) weeks.
25.11.4.5 A Member who has received supplementary benefits for a pregnancy leave under 25.11.4.2 and who has been employed by the University for at least twelve (12) months immediately preceding the birth of a child shall be entitled to supplementary benefits for a Parental Leave, equal to the difference between the Employment Insurance benefits received and 95% of the Member's Reference Salary for up to twelve (12) weeks.
25.11.4.6 A Member on Parental Leave who is the primary caretaker for a newly adopted child will be entitled to supplementary benefits as follows:
i. for the first two (2) weeks, the Member will receive one hundred (100) percent of their current salary;
ii. for a period of up to ten (10) additional weeks, the Member will receive an amount equal to the difference between the Employment Insurance Benefit received and ninety-five (95) percent of the Member's current salary.\
25.11.4.7 To receive the supplementary employment benefit defined in Article 25.11.4, the Member will provide the University with proof of application to Human Resources Development Canada. The payment of the supplementary employment benefit will be as follows:
i. the University will estimate the amount of the Employment Insurance payment and provide a supplementary payment to the Member on the usual salary payment schedule and this supplementary payment will be regarded as an advance;
ii. upon receipt of that information, the Member will provide evidence of the actual payments received from Human Resources Development Canada;
iii. the subsequent payments to the Member will be adjusted up or down to reflect the actual Employment Insurance payment.
25.11.4.8 Should a Member fail to return to work for a minimum period of six (6) months or on a reduced workload (as per Article 24: Reduced Work Program) for an equal number of hours, pro-rated over a longer period of time not to exceed twelve (12) months, following the expiration of the Pregnancy and/or Parental Leave, they will be required to repay the Supplementary Benefit they have received, except when the Member provides satisfactory evidence of the illness of the Member or the child or when the Member is laid off.
25.11.5 Extended Parental Leave
25.11.5.1 An Extended Parental Leave without compensation, up to a maximum of fifty-two (52) weeks, will be given to any Member who has been employed by the University for at least fourteen (14) months immediately preceding the commencement of a Parental Leave (Article 25.11.3). Extended Leave will commence immediately upon the completion of a Parental Leave. The Member will give written notice to their immediate supervisor at least three (3) months prior to the commencement of the Extended Parental Leave.
25.11.5.2 A Member wishing to return from Extended Parental Leave prior to the original date of return will notify their supervisor, in writing, at least four (4) weeks in advance, giving the revised date of return.
25.11.6 Other
25.11.6.1 During a Pregnancy or Parental Leave, the University and Member will continue to make contributions toward the cost of the available benefit plans unless the Member has advised the University, in writing, that the Member does not wish to continue to make the Member contributions to such plans. The University will continue to make employer contributions to the Pension Plan unless the Member has advised the University in writing that the Member does not wish to continue to make the Member contributions. The Human Resources department will consult with the Member regarding the ramifications of discontinuing contributions to the Pension Plan. Benefits levels will be based on the Member’s reference salary, unless otherwise stated in this Article.
25.11.6.2 During an Extended Parental Leave, the Member will be required to make both the Member and the University contributions toward the cost of the available benefits that the Member wishes to continue and will advise the University in writing of their intentions to do so. The University will continue to make employer contributions to the Pension Plan unless the Member has advised the University in writing that the Member does not wish to continue to make the Member contributions. The Human Resources department will consult with the Member regarding the ramifications of discontinuing contributions to the Pension Plan. Benefits levels will be based on the Member’s reference salary, unless otherwise stated in this Article.
25.11.6.3 Upon return to work from an Extended Parental Leave, a Member will resume their former position provided that it still exists, with full Reference salary and benefits. If their position no longer exists, Article 13: (Position Redundancy), Article 14: (Priority Placement) and Article 15: (Displacement) will apply.
25.12 Personal Leave
25.12.1 Members may be granted a Personal leave without loss of compensation and benefits of up to three (3) working days per fiscal year by their manager, to accommodate absence resulting from, but not limited to:
i. illness in the Member's immediate family;
ii. relocation of their household; or
iii. preparation for and writing examinations; or
iv. legal appointments; or
v. major property damage caused by fire; or
vi. additional Bereavement Leave as required; or
vii. the observance of religious holidays that are not identified as Paid Holidays under this Collective Agreement.
25.12.2 Members must request such leave as far in advance as possible. In requesting such leave, Members need to indicate that the leave is in compliance with Article 25.12.1.
25.12.3 Requests for Personal leave will not be unreasonably denied provided that the leave can be reasonably accommodated.
25.13 Professional Development Leave
25.13.1 The University recognizes the importance of human resource development and therefore may authorize Professional Development Leaves to provide opportunities for personal growth and for the enhancement of experience and/or knowledge, and/or the acquisition of new skills in the Member's area of responsibility.
25.13.2 All Members having five (5) or more years of service with the University may apply for a Professional Development Leave not to exceed six (6) months.
25.13.3 Eligible Members may request, in writing to their immediate supervisor, a Professional Development Leave. Application must be made at least three (3) months prior to the proposed leave commencement date.
25.13.4 The request must set out the objectives for the leave, the start date, the proposed length of absence, and the expected benefits to both the Member and the University. The supervisor will forward the request to the appropriate Vice-President with a copy to the Chief Human Resources & Equity Officer.
25.13.5 In arriving at a final decision to approve or not approve a Professional Development Leave application, the Vice-President will base the decision on the application, the recommendation of the Chief Human Resources & Equity Officer, the merits of the leave request as it applies to the Member, and the merits of the leave request as it applies to the University.
25.13.6 The Member will be notified of the granting, denial, or deferral of a Professional Development Leave within two (2) months of submitting the application to their supervisor.
25.13.7 The Member will receive seventy-five percent (75%) of their Reference salary, on their regular pay cycle, for the duration of the Leave.
25.13.8 During a Professional Development Leave, the University and Member will continue to make contributions toward the cost of the available pension and benefit plans, unless the Member advises the University in writing that the Member does not wish to make the Member contributions to such plans. The University will continue to make employer contributions to the Pension Plan unless the Member has advised the University in writing that the Member does not wish to continue to make the Member contributions. The Human Resources department will consult with the Member regarding the ramifications of discontinuing contributions to the Pension Plan. While on leave, benefits levels will be based on the Member’s reference salary, unless otherwise stated in this Article.
25.13.9 The contributions and coverage under the Long Term Disability Plan shall be based on the Member's actual salary.
25.13.10 Upon completion of the Leave, Members are required to return to the University for a period equivalent to the duration of the Leave or, failing this, will be required to reimburse the University for any salary, benefit, and pension payments received during the Leave.
25.13.11 Upon return to work from a Professional Development Leave, a Member will resume their former position, provided that it still exists, with full salary and benefits. If their former position no longer exists, Article 13: (Position Redundancy/ Layoff), Article 14: (Priority Placement), and Article 15: (Displacement) will apply.
25.14 Public Service Leave
25.14.1 The University recognizes and supports the right of Members to participate in public affairs through acceptance of candidacy for and service in political office.
25.14.2 Where a Member has been nominated to a seat in the Federal parliament or Provincial legislature, the Member will be entitled to a Public Service Leave without compensation for the period from the issuance of the election writ to the day following the election, and if elected, for the duration of the electoral mandate. Any extension of leave beyond five (5) years, whether continuous or discontinuous will be subject to the consent of the University.
25.14.3 While a Member is on Public Service Leave under the provisions of 25.14.1 and 25.14.2, the Member will be required to make both the Member and University contributions toward the cost of the available benefits that the Member wishes to continue, and will advise the University in writing of their intention to do so.
25.14.4 Upon return to work from such leave, the Member will resume their former position, provided that it still exists, with full Reference Salary and benefits. If their former position no longer exists, Article 13: (Position Redundancy/Layoff), Article 14: (Priority Placement), and Article 15: (Displacement) will apply.
25.14.5 Where a Member has been nominated for and/or elected to a position in local or regional government, or board of education, the Member will negotiate with the University terms of leave and remuneration consistent with the nature and scope of their public duties.
25.15 Military Reservist Leave
25.15.1 A Member is entitled to a Leave of Absence without Compensation (Article 25.1) if the Member is a reservist and:
i. the Member is deployed to a Canadian forces operation outside Canada; or
ii. the Member is deployed to a Canadian forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath;
iii. the Member is on military training for a maximum of two (2) weeks training per year.
25.15.2 Members must provide notice in writing to their immediate supervisor before beginning and ending a Military Reservist Leave.
25.15.3 Benefit coverage during a Military Reservist Leave will be as defined in Article 25.1.4.
25.15.4 Upon return to work from a Military Reservist Leave, the Member will resume their former position, provided that it still exists, with the full salary and benefits. If their former position no longer exists, Article 13: (Position Redundancy/Layoff), Article 14: (Priority Placement) and Article 15: (Displacement) will apply.
25.16 Sick-Leave
25.16.1 The University recognizes that unavoidable absences may occur because of illness or accident and for this reason provides a sick-leave benefit that provides income protection during these situations.
25.16.2
i. Sick-leave means the period of time a Member is absent and unable to work because of illness, disability, or injury for which the Member is not receiving Workers' Safety and Insurance Board (WSIB) benefits, or any other compensation for loss of earnings.
ii. During an approved WSIB Lost Time Leave, the University will compensate a Member the difference between their regular salary and the amount received from the Workplace Safety and Insurance Act in accordance with the Wilfrid Laurier University Workplace Injury Accommodation Practice. This equivalent amount compensated shall be deducted from, and be limited to, the Member's sick leave credit balance.
iii. Members are also eligible to use their sick leave to a maximum of fifty (50) days per calendar year when prevented from attendance at work in order to attend a child, spouse, parent, or sibling who is sick and dependent upon the Member for health care. In exceptional circumstances, a manager may approve additional sick leave; such approval will not be unreasonably denied.
The Member may be required to verify the basis for the absence by providing supporting documentation. If a physician's statement is requested, the University will reimburse the Member for up to $30 per certificate.
25.16.3 All full-time Members will accumulate sick-leave credits as follows:
i. new Members will be credited with twenty (20) days after their first day of employment; and
ii. Members will be credited with an additional one and one half (11/2) days for each month in which work was actually performed or in which the Member was absent on vacation, or a paid leave, except sick leave.
These credits will accumulate to a maximum of one hundred and five (105) working days. 25.16.4All part-time Members will accumulate sick-leave credits as follows:
i. new Members will be credited with ten (10) days after their first day of employment; and
ii. Members will be credited with an additional day for each month in which work was actually performed or in which the Member was absent on vacation, or a paid leave, except sick-leave.
These credits will accumulate to a maximum of one hundred and five (105) working days.
25.16.5 For the purposes of this Article, one (1) day is defined as a period equal to the Member's normally scheduled daily work period.
25.16.6 During the first one hundred and twenty (120) consecutive calendar days of absence due to the Member being unable to perform their job due to illness, disability, injury or recuperation, Members will receive:
i. one hundred percent (100%) of their salary in effect at the time of absence for the period equal to the number of sick-leave credits accumulated at the time of absence; or
ii. For absences greater than five (5) consecutive working days and where no sick-leave credits are available, Members will be eligible to receive sixty-six and two-thirds percent (66 2/3%) of their current salary in effect at the time of absence where no sick-leave credits are available, subject to the completion of a Medical Certificate of Disability acceptable to the University in accordance with the Sick Leave and Disability Management Policy.
25.16.7 If an absence is due to the same illness or injury within 30 days of returning from the original absence, it will be classified as a continuation of the same absence and only the balance of the unused portion will apply. A Member will be will be required to provide the University with a Medical Certificate of Disability verifying the illness or injury, in accordance with the Sick Leave and Disability Management Policy. The University will reimburse the Member up to $50 for the cost of the Medical Certificate of Disability, or another amount as determined by the University.
25.16.8 Should the absence extend beyond one hundred and twenty (120) consecutive calendar days, those Members enrolled in the University's Long-Term Disability Plan will apply for benefits under that plan. Members not enrolled in the University's Long-Term Disability Plan may make application for Employment Insurance benefits.
25.16.9 A Member's accumulated sick-leave credits will be reduced equal to the period of absence due to sickness or injury.
25.16.10 Benefits coverage and applicable premium payments by the Member and the University will continue during periods of paid sick-leave.
25.16.11 For the first thirty (30) calendar days of a sick leave without pay, the benefit coverage and premium payments by the University and the Member will not change. After the first thirty (30) calendar days, the Member will be required to make both the Member and University contributions toward the cost of the available benefits that the Member wishes to continue, and will advise the University in writing of their intention to do so. The University will continue to make employer contributions to the Pension Plan unless the Member has advised the University in writing that the Member does not wish to continue to make the Member contributions. The Human Resources department will consult with the Member regarding the ramifications of discontinuing contributions to the Pension Plan. While on leave, benefit levels will be based on the Member’s reference salary, unless otherwise stated in this Article.
25.16.12 When an absence exceeds five (5) consecutive work days, the Member will be notified by Human Resources and will be required to have their physician complete and submit a Medical Certificate of Disability verifying the illness or injury, in accordance with the Sick Leave and Disability Management Policy.
25.16.13 Where there are frequent absences of a shorter duration, patterns of absences and/or absences suspect in nature, a Member may be required to have their physician complete and submit a Frequent / Patterned Absences Referral Form verifying the illness or injury, in accordance with the Sick Leave and Disability Management Policy.
25.16.14 The University will reimburse the Member up to $50 for the cost of the Medical Certificate of Disability or the Frequent / Patterned Absences Referral Form or another amount as determined by the University.
25.16.15 Refusal to comply with these requirements may result in a denial of paid sick leave during the period of absence.
25.16.16 If, during their vacation period, a Member is hospitalized or suffers a medically documented incapacitating illness or injury in circumstances under which they would have been eligible for leave under this Article, they will be granted leave and their vacation pay credits will be restored to the extent of any concurrent leave granted.
25.16.17 WLUSA reserves the right to grieve the application of the Sick Leave and Disability Management Policy if such application adversely affects the compensation of the Member.
25.16.18 A Member shall have the right to Association representation at any meeting where the Member's attendance history is to be discussed.
25.16.19 Should the University request from the Member an independent medical examination, the University will make every reasonable effort to provide a list of three (3) medical practitioners of which the Member may select one (1). The University will reimburse the Member for costs associated with the independent medical opinion.
25.16.20 A Member shall have the right to Association representation during any accommodation or return to work meeting. The Association President will be provided with a copy of the accommodation or return to work plan for that Member.
25.16.21 Medical/Dental Appointments
25.16.21.1 The University and the Association recognize that every attempt will be made to arrange medical and dental appointments outside of normal working hours. However, it is realized that in certain situations it may not be possible to make appointments outside of working hours. If Members are unable to make appointments outside of normal working hours, such time is to be deducted from accumulated sick leave credits and will be calculated to the nearest one-half (1/2) hour.
25.16.21.2 If a Member has no sick-leave credits accumulated, the Member may:
i. with the approval of the manager, make up the time lost for the appointment through a flexible work arrangement;
ii. take a leave without compensation for the duration of the appointment; or
iii. have the time taken for the appointment deducted from available vacation credits or accumulated overtime.
25.17 Vacations
25.17.1 A Member's vacation year begins with the first day of employment with the University without a break in service. Vacation entitlement will accrue monthly at the appropriate rate based on years of service.
25.17.2 Members shall accrue vacation in the following manner:
i. at the rate of one (1) working day per month for each of the first twelve (12) complete calendar months of continuous employment (up to twelve (12) working days per year); or
ii. upon completion of one (1) year of continuous employment, 1.25 working days per month (three (3) weeks (fifteen (15) working days) per year; or
iii. upon completion of five (5) years of continuous employment, 1.67 working days per month (four (4) weeks (twenty (20) working days) per year; or
iv. upon completion of fourteen (14) years of continuous employment, 2.08 working days per month (five (5) weeks (twenty-five (25) working days) per year; or
v. upon completion of twenty-four (24) years of continuous employment, 2.5 working days per month (six (6) weeks (thirty (30) working days) per year.
25.17.3 Vacation entitlement for Members who work less than or more than 1820 hours per year will be prorated in accordance with their regular work schedule, such that they will receive the equivalent percentage of vacation hours at their regular hourly rate of pay.
25.17.4 Accrued vacation credits will be added to the Member's vacation bank on the last day of each calendar month.
25.17.5 Members having temporary appointments/ positions will receive five percent (5%) vacation pay.
25.17.6 Members may take their vacation entitlement at their discretion, subject to the prior approval of their manager, and to the functional requirements of their department. Managers will approve vacation in a fair and equitable way, and will respond to vacation requests, in writing, in a timely manner. Once approved, vacation cannot be revoked by the manager without the agreement of the Member. Vacation may be taken prior to accrual, up to the Member's current annual entitlement.
25.17.7 Vacation entitlement will be used in the vacation year in which it is earned.
i. Members may carry over unused vacation into the next vacation period as follows:
Vacation Carryover Based on Years of Service
Years of Completed Service |
Allowable Carryover |
One |
12 days |
Five |
15 days |
14 |
20 days |
24 |
25 days |
ii. In exceptional circumstances, or as otherwise provided in the Agreement, managers may approve carryover days that exceed these limits.
iii. Any unused vacation entitlement additional to (i) and (ii) above, shall be scheduled by the manager and used within the first ten (10) months of the next vacation year.
25.17.8 Vacation credits will accrue while a Member is on maternity leave, parental leave, sick- leave of less than thirty (30) calendar days, and any leaves of absence of less than thirty (30) calendar days duration.
25.17.9 Terminating Members or the estate of a Member who dies while employed by the University will be entitled to receive payment for any unused vacation entitlement accrued in accordance with Articles 25.17.2 and 25.17.5.
25.17.10 A former Member who returns within one (1) year of termination will be credited with previous service for purposes of vacation entitlement.
25.17.11 If the Member transfers from one area to another after receiving approval for vacation, the Member will renegotiate the scheduling of the vacation with their new supervisor. Such requests will not be unreasonably denied.