Article 7 : absences and leaves
7.1 ABSENCES – GENERAL
An employee shall, as soon as possible, advise the chairperson of her/ his inability to perform her/his scheduled duties and the reasons thereof. Except in the case of sick leave pursuant to 7.3, the employee shall also make all reasonable efforts to reschedule those duties to another appropriate time when the employee is able to attend, or to make such other arrangements with respect to substitution of personnel, by trading work assignments or amendment of the work as may be agreed to by the dean or her/his designate. Such an agreement shall not be unreasonably withheld. For the purposes of article 7, a workday refers to a day during which a member teaches, holds an in-class exam or, if the employment contract includes labs, a day during which a member holds a lab. Office hours are not recognized for the purposes of article 7.
7.2 TERMINATION OF CONTRACT – COURSE CANCELLATION OR INSTRUCTIONAL CONTINUITY
The Employer reserves the right to cancel a contract in order to cancel a course or to hire a replacement if the Employer has a reasonable expectation that the employee will not be able, by reason of absence, to carry out at least 10/13 of the assigned work in any course. Such termination shall not affect the employee's entitlement to paid sick leave or maternity leave, as provided for below.
7.3 SICK LEAVE
7.3.1 Provided that the employee has, as soon as possible, advised the chairperson of her/his inability to perform her/his scheduled duties because of illness, an employee may claim sick leave with full pay and benefits for up to 2/12 of her/his total assigned work in each course.
7.3.2 Periods of sick leave lasting thee (3) working days or more must be supported by a doctor's medical certificate.
7.3.3 Employees are not eligible for sick leave if they are already on any other form of leave. Unused sick leave from the two previous academic years may be accumulated but no more than 4/12 of any assigned course can be taken as sick leave on presentation of an appropriate medical certificate. The two-year period may be extended by the Employer at its discretion where on the basis of exceptional circumstances the Labour-Management Committee so recommends. Unused sick leave has no monetary value.
7.3.4 INDEPENDENT MEDICAL EXAMINATION
At any time during a member's sick leave, a representative from the Health, Wellness and Leave Sector of Human Resources may, in order to determine if the member is eligible for sick leave benefits or is able to return to work, require that the member be examined by one or more physicians appointed and paid by the Employer. The Employer shall make reasonable efforts to consult with the member or her delegate, in an effort to identify physicians acceptable to the Employer and the member. In case of disagreement, the member shall be provided with the names of three (3) qualified medical practitioners. The member shall select one of the three (3) practitioners to conduct the examination. The Employer shall pay for the cost of the examination and for all reasonable expenses incurred by the member with respect to the medical examination.
7.3.5 An employee who provides medical certification that she/he is unable to return to work following a period for which sick leave with pay was granted, shall not lose seniority previously acquired, and shall gain seniority as if she/he had completed the work assignment in which she/he was engaged when she/he became ill, provided that the person is available for work at the conclusion of the period covered by medical certification, and in any event, not later than one (1) year from the initial granting of sick leave with pay.
7.4 BEREAVEMENT LEAVE
Provided that the provisions of 7.1 have been complied with, an employee shall be granted up to four (4) consecutive days leave, the first two (2) of which are with salary and benefits and the last two (2) of which are without salary or benefits, in the case of the death of a parent, step parent, foster parent, spouse, sibling, child, step child, foster child, mother-in-law, father-in-law, grandparent, step grandparent, grandchild or step grandchild, brother or sister, or a relative who is dependent on the member for care or assistance. In exceptional circumstances, additional leave may be granted by the Employer; the Employer may also consider cases of bereavement other than those listed above and may grant leave at its discretion.
7.5 PARENTAL LEAVE
7.5.1 MATERNITY LEAVE
7.5.2.1 Pregnant part-time academic staff shall be entitled to a maternity leave for a consecutive duration of twenty (20) weeks to commence at any time between seventeen (17) weeks prior to anticipated delivery and the date of delivery. Unless exceptional circumstances exist, one month's notice shall be given to the Employer. In normal circumstances, a month's notice will be given to the Employer, but no later than two weeks prior to the expected date of delivery, unless the member has to stop work due to complications caused by her pregnancy in which case the member will provide to the Employer a medical certificate attesting to such complications and the date of the expected delivery.
7.5.2.2 Where the employee is performing bargaining unit work at the time notice referred to in 7.5.1.1 above is given and that work is not scheduled to be completed prior to the commencement of the proposed leave, the member shall receive the lesser of the balance of remuneration owing under her contract or 95% of full pay and benefits for two (2) weeks.
Notwithstanding the foregoing, a member who has completed 60% of her contract at the time her maternity leave commences shall receive the greater of 50% of the balance of the remuneration owing under the contract or 95% of full pay and benefits for two (2) weeks. Where the member has taught 60% of a three-credit course prior to taking maternity leave, the seniority point for that course will be awarded; where the member is teaching a six-credit course, she will be awarded one seniority point for the completion of one term of teaching and another seniority point if she has taught 60% or more of the other term prior to taking maternity leave. It is understood that for the purposes of article 5.8.1 b), the member is entitled to two (2) seniority points for the year in which she taught.
7.5.2.3 A pregnant member who wishes to continue working during the period of pregnancy shall not be denied that right. When accommodations are required for her to continue working, the Employer may require a medical certificate confirming the required accommodations.
7.5.2.4 Absence for up to eighteen months (18) occurring between six (6) months before and eighteen (18) months after the birth of a child shall not cause a loss of seniority.
7.5.1 PATERNITY LEAVE
The Employer agrees to grant paid paternity leave for 1/12 of the contract immediately after the birth or adoption of a child under the father's responsibility, on the condition that the member informs his director as soon as possible of his inability to carry out his assigned duties.
7.5.1 CHILD CARE LEAVE
7.5.4.1 Any member may take a child care leave following:
- the birth of a child, or
- the coming of the child into the custody and care of the parent for the first time.
7.5.4.2 Child care leave is open to both parents. For the purposes of this section, "parent" includes a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own.
7.5.4.3 Child care leave may begin no more than 52 weeks after the day the child is born or comes into the custody and care of the parent for the first time. Child care leave ends no later than 35 weeks after it began if it is taken following maternity leave and 37 weeks in all other cases and is without pay, unless paternity leave has been granted pursuant to 7.5.2 above, in which case the week of paternity leave is a week of paid leave and constitutes the first week of the 37 weeks of child care leave. Child care leave may be taken following maternity leave and must begin immediately after maternity leave. During child care leave and maternity leave, seniority points pursuant to 5.8.5(c) are maintained.
7.5.4.4 The member must notify his or her chairperson, in writing, of the date of commencement of the child care leave as soon as possible after the member becomes aware of the date.
7.5.2 During a member's maternity leave or child care leave, the Employer shall continue to make the Employer's contributions for any plan to which the member was subscribing at the time of the leave unless the member gives the Employer a written notice that he or she does not intend to pay his or her contributions.
7.2 JURY LEAVE
Subject to the provisions of section 7.1 the Employer shall grant leave of absence with pay and benefits to an employee who serves as a juror or witness in any court or who must attend citizenship court.
7.3 ACADEMIC DEVELOPMENT
7.3.1 In the event that an employee wishes to undertake a project of academic development, including but not limited to advanced study, research and other scholarly activity, the member may apply for academic development leave of no more than one (1) year’s duration.
7.3.2 Application shall be made to the Academic and Professional Development Fund Committee at least three (3) months before the proposed commencement date of the leave. The application shall include all pertinent details of the project and an up to date C.V. of the applicant.
7.3.3 The Academic and Professional Development Fund Committee shall decide to grant academic development leave if, in the Committee's judgment, the project is likely to enhance the ability of the member to contribute to the academic program of the University. The granting of this leave shall not be unreasonably withheld and the decision shall be given no later than two (2) months prior to the proposed date of commencement of the said leave.
7.3.4 The employee shall accrue seniority for the period of academic development leave, where there exists a reasonable expectation that the employee would have been assigned to duties during the period of the leave. Such seniority accrued shall be equivalent to the average rate of accrual of seniority during the better of (a) the preceding period of three (3) years or (b) the preceding number of continuous academic years in which the employee performed bargaining unit work.
7.4 GENERAL LEAVE
A member may apply for, and the Employer may grant leaves of absence with or without pay in circumstances not covered explicitly by this Agreement. APTPUO will be informed in writing of such a request and its result.
7.5 LEAVES - LONG-TERM APPOINTMENT (LTA)
7.5.1 MATERNITY LEAVE
Pregnant members shall be entitled to a maternity leave for a duration of twenty (20) consecutive weeks to commence at any time between seventeen (17) weeks prior to the anticipated delivery and the date of delivery in accordance to applicable laws.
Unless exceptional circumstances exist, a month's notice will be given to the Employer, but no later than two weeks prior to the expected date of delivery, unless the member has to stop work due to complications caused by her pregnancy in which case the member will provide to the Employer a medical certificate attesting to such complications and the date of the expected delivery.
Where the member is performing LTA work at the time notice is given, she will receive 95% of full pay and benefits for two (2) weeks following the start of the leave.
7.5.2 PATERNITY LEAVE Within a LTA contract, the Employer agrees to grant a one week paid paternity leave immediately after the birth or adoption of a child under the father's responsibility, providing that the member informs his director as soon as possible of his inability to carry out assigned duties.
7.5.3 SICK LEAVE
A part-time professor with a LTA has the right to accumulate a half-day of sick leave per month for the length of the contract pro-rated to the number of hours worked.
A maximum of eighty-five (85) working days of sick leave can be accumulated and/or transferred to a subsequent contract. Unused sick leaves have no monetary value.
7.5.4 OTHER LEAVES
Notwithstanding maternity leaves, paternity leaves and sick leaves mentioned above, all other leaves under Article 7 is applicable to members with a LTA.