PEEL DISTRICT SCHOOL BOARD LEAVES OF ABSENCE HUMAN RESOURCES SUPPORT SERVICES 42

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1 PEEL DISTRICT SCHOOL BOARD LEAVES OF ABSENCE HUMAN RESOURCES SUPPORT SERVICES 42 This operating procedure is to be read and interpreted with reference to Policy #23. Where the operating procedure is in conflict with the collective agreement, the terms of the collective agreement will apply. The leaves of absence operating procedure addresses the following types of leaves: 1. Paid medical leave (using sick leave accrual) 2. Unpaid medical leave 3. Leave without loss of pay due to family responsibilities 4. Unpaid family medical leave 5. Pregnancy/Parental (including adoption leave) 6. Leave without loss of pay or cumulative sick leave 7. Unpaid leave 8. Unpaid holy days 9. Employee funded leave 10. Short-term professional development leave 11. Leave to assume responsibilities with outside organizations 12. Miscellaneous leaves This plan does not address the following: Vacation allowance Statutory holidays Layoff Income replacement (such as long-term disability or workplace safety and insurance board benefits). Applying for a Leave of Absence NOTE: Staff are expected to begin the leaves of absence application process immediately upon determining that a leave will be required. Advance notice will assist the principal or supervisor in minimizing the negative impact on the work location. As a minimum, it is recommended that the application process begin at least 3 weeks prior to the expected date for the leave of absence. Prior approval is required before the commencement of the leave of absence. For unanticipated or emergency situations, steps 1 and 2 must be completed before the leave commences. 1. Read the Leaves of Absence policy and operating procedures - Determine if the reason for requesting the leave falls within the terms of the policy and operating procedure. 2. Ask for verbal approval from the principal or supervisor If the principal or supervisor gives verbal approval for the leave, complete the application form (if completion of a form is required). Note: Any question regarding who is the employee's immediate supervisor for the purposes of this policy and operating procedure should be raised with the appropriate superintendent. 3. If verbal approval of the leave is not given by the principal or supervisor - The principal or supervisor will provide an explanation of why he or she does not support the leave application, in writing. The decision and explanation must accompany a request for approval of an exception to the leave policy (see the section of Requesting an Exception.) With the exception of paid or unpaid medical leaves of absence, being absent from work without prior approval of the principal or supervisor is being 'absent without leave' and may be subject to disciplinary action.

2 Medical Certificates NOTE: Check the applicable collective agreement for additional information regarding how and when medical certificates may be requested. To assist employees and their doctors in providing appropriate medical information, the Peel District School Board can provide a Request for Medical Information form. For illnesses of any duration, an employee shall be required to file a medical certificate only if such certificate is required under the terms of a collective agreement or requested by the appropriate Board official within ten working days of the employee returning to work. A medical certificate may also be requested by the principal or supervisor prior to the employee's return to work or at any time within the leave of absence period. It is the principal's or supervisor s responsibility to advise the employee of what is required for a medical certificate to be acceptable when requesting a medical certificate. A satisfactory medical certificate must contain: the doctor s signature and the date on which the medical certificate was written the date the employee was last seen by the doctor a confirmation that the employee is ill and unable to be at work an expected date of return (in the circumstance that the doctor cannot provide a definite date, the medical certificate should provide an estimated timeline as well as the next date on which the readiness for a return to work will be reassessed). If the doctor is recommending an accommodation or return to work program, the medical certificate must also contain the following: the functional limitations which require accommodation in order for the employee to return to work the length of time that modifications would be required. Any costs of obtaining a medical certificate are the responsibility of the employee. The Peel District School Board may request in writing, additional and detailed information from an employee's doctor. If requested, the Peel District School Board is prepared to assume, at its discretion, usual, reasonable and customary payment to the doctor for a report which is satisfactory to the Board. Assumption of the responsibility for payment requires prior approval of the cost of the report by the Superintendent of Human Resources Support Services.

3 Types of Leaves 1. PAID MEDICAL LEAVE (using sick leave credits) Sick leave credits are for employees to use when they are ill and unable to perform the essential duties of their position. Board policy #35 and the collective agreements outline the accumulation of sick leave credits. The principal or supervisor validates the use of the sick leave code for absences. Important information: Sick leave credits may not be utilized by an employee when already on an unpaid leave of absence, with the exception of pregnancy leaves. To be eligible to use sick leave credits, employees must: be unable to perform the functions of his or her position, AND not be participating in any other employment, AND have provided medical information satisfactory to the board, when and if requested. 2. UNPAID MEDICAL LEAVE An employee who has exhausted his or her sick leave credits and will be absent due to a personal illness, must apply for an unpaid medical leave of absence. An application for unpaid medical leave of absence is forwarded by the appropriate supervisor to the superintendent, controller or director and then on to Human Resources Support Services for approval. The application form must be accompanied by a medical certificate that is satisfactory to the Board. Important information: Any extension of an unpaid medical leave requires a current medical certificate acceptable to the Board indicating an expected return to work date. 3. LEAVE WITHOUT LOSS OF PAY DUE TO FAMILY RESPONSIBILITIES The principal or supervisor may approve a maximum of five days (prorated for part time employees) per year (September 1 st August 31 st ) of sick leave credits for an employee to attend to urgent family responsibilities. Urgent family responsibilities are events which are unplanned or out of the employee's control; and, involve the possibility of serious negative consequences, including physical or emotional harm, if it is not attended to; and, cannot reasonably be attended to outside of normal working hours.

4 The principal or supervisor approves the use of family responsibility days code and will advise staff regarding the expectations of communicating when urgent family responsibilities arise. The principal or supervisor will confirm that the employee has sufficient sick leave credits for the request prior to approval. Important Information: While family responsibility days may be used for any reason which meets the definition, it is most commonly used to care for a sick child at home. If the child is expected to need longer than 5 days of care, the employee is advised to use the family responsibility days to arrange alternate care arrangements. Family responsibility days are available to long term casual employees who have accrued sick leave credits. Family responsibility leave is not to be used for celebratory events, leisure, travel which is unrelated to an urgent family responsibility, or personal business not related to an urgent family responsibility. The Employment Standards Act requires employers to provide ten (10) days of emergency leave. The emergency leave days can be taken as five (5) paid family responsibility days (if the employee has a sufficient sick leave balance) and five (5) unpaid emergency leave days or as 10 unpaid emergency leave days. 4. UNPAID FAMILY MEDICAL LEAVE In accordance with the Employment Standards Amendments Act (Family Medical Leave), 2004, an employee can take up to a maximum of eight (8) weeks of unpaid family medical leave within a 26 week period. The purpose of the leave is to provide care and support to a specified family member who has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or such shorter period as may be prescribed under the Employment Standards Act. Complete the Unpaid Family Medical Leave form and have a doctor complete the Request for Unpaid Family Medical Leave certificate. Send the form and the Request for Unpaid Family Medical Leave certificate to the principal/supervisor and appropriate superintendent/ controller/director for signature. The form will be circulated for signatures and forwarded to Human Resources Support Services. Important Information: This medical condition and risk of death must be confirmed in a certificate issued by a medical doctor. Care and support includes: providing psychological or emotional support, arranging for care by a third party provider or directly providing or participating in the care of the family member. The family members in relation to whom a Family Medical Leave may be taken are: the employee s spouse (including same-sex spouse) a parent, step-parent or foster parent of the employee or of the employee's spouse a child, step-child or foster child of the employee or of the employee's spouse a brother, step-brother, sister or step-sister of the employee a grandparent or step-grandparent of the employee or of the employee's spouse a grandchild or step-grandchild of the employee or of the employee's spouse

5 brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee a son-in-law or daughter-in-law of the employee or of the employee's spouse an uncle or aunt of the employee or of the employee's spouse a nephew or niece of the employee or of the employee's spouse the spouse of the employee's grandchild, uncle, aunt, nephew or niece a person who considers the employee to be like a family member. An employee wishing to take a family medical leave for a person in this category must provide, at the employer's request, a completed copy of the "Compassionate Care Benefits Attestation Form" that can be obtained from Human Resources and Social Development Canada The eight (8) weeks of a Family Medical Leave do not have to be taken consecutively. If an employee has taken a leave to care for a family member who has not passed away within the 26-week period referred to in the medical certificate and a health practitioner issues a subsequent certificate(s) stating that the family member has a serious medical condition with a significant risk of death within 26 weeks, the employee would be entitled to one additional eight (8)-week period of Family Medical leave. Service and seniority for salary purposes shall be accumulated during a Family Medical Leave. Board paid benefits currently held by the employee will continue to be paid by the Board during the period of the leave as long as an employee continues to pay their portion, where applicable. 5. PREGNANCY/PARENTAL LEAVE (INCLUDING ADOPTION) (a) Pregnancy leave Pregnancy leave shall be granted to an employee who has been hired at least thirteen weeks or more before the baby's expected birth date ("due date"). There is no service time requirement between pregnancy leaves. Complete the Pregnancy/Adoption/Parental leave form (hyperlink) and submit it to your principal or supervisor no later than 2 weeks prior to the day on which the leave will commence. The form will then be forwarded to Human Resources Support Services. The leave must begin no later than the day the child is born. The leave may begin 17 weeks prior to the estimated date of delivery. Important Information about Employment Insurance and the Supplementary Employment Benefit (SEB) An employee eligible for pregnancy or parental benefits under E.I. laws and regulations is entitled to a supplementary employment benefit (SEB) plan for a top-up of an employee's E.I. benefits. The SEB provides 95% of the employee's normal weekly insurable earnings during the two (2) week waiting period for pregnancy or parental benefits. For the six (6) weeks immediately following the birth of a child, the child's natural mother is eligible for 100% of her normal weekly earnings minus the E.I. benefits she receives for that period. In other words, the combined level of E.I. benefits, SEB payments and other earnings shall not exceed 100% of the employee's normal weekly earnings.

6 If the SEB benefit overlaps with the two week waiting period, only the 100% top up shall be provided. The SEB plan will not be paid for any day which falls outside the employee's normal employment period. If an employee is not eligible for E.I. and SEB benefits then the employee may apply for sick leave benefits in respect of the six (6) week period immediately following the birth of her child. Sufficient sick leave credits must be accumulated and the sick days must fall within the normal scheduled work period. Service or seniority for salary purposes shall be accumulated during a Pregnancy Leave up to the maximum of seventeen weeks. Board paid benefits held by the employee at the time of leave will continue, as is, during the period of the statutory leave as long as the employee continues to pay their portion, where applicable. (b) Parental Leave (including adoption) Parental leave of up to thirty-five weeks for an employee who takes a pregnancy leave or up to thirty-seven weeks for other employees shall be available to staff in accordance with the Employment Standards Act, provided they were hired at least thirteen weeks before the date the leave is to start. Complete the Pregnancy/Adoption/Parental leave form (hyperlink) and submit it to your principal or supervisor no later than 2 weeks prior to the day on which the leave will commence. The form will be forwarded to Human Resources Support Services. You also need to know Board paid benefits currently held by the employee will continue to be paid by the Board during the period of the statutory leave as long as an employee continues to pay their portion, if applicable. Parental Leave for the biological mother must occur immediately after the pregnancy leave unless the child has not come into care for the first time. Other parents as defined by the Employment Standards Act must commence the Parental Leave within fifty-two weeks of the child being born, or in the case of adoption, coming into the home. Service or seniority for salary purposes shall be accumulated during a Parental Leave up to the maximum of thirty-five weeks for an employee who takes a parental leave or up to thirtyseven weeks for other employees. Board paid benefits currently held by the employee will continue to be paid by the Board during the period of the statutory leave as long as an employee continues to pay their portion, where applicable. Extensions to Parental Leave, including adoptions (to a maximum of three years including the statutory parental and pregnancy leave) are available for employees with more than one year of service, in accordance with the appropriate collective agreement. 6. LEAVE WITHOUT LOSS OF PAY OR CUMULATIVE SICK LEAVE Employees can apply for a paid leave for the reasons listed below. Please note that the maximum number of days allowed for each type of leave (or from September 1 st to August 31 st if noted).

7 The principal or supervisor validates the code used for the absence. Important Information Refer to the applicable collective agreement for further information. The times specified are the maximum permitted. These maximums apply to each occurrence or to the period from September to August, if specified as per year. REASON DESCRIPTION MAXIMUM Death/ Funeral Death/ Funeral Death of a spouse/partner, (step)father, (step)mother, (step)child, brother, sister, mother/father-in-law, total dependent, ward (legal guardianship) Death of son/daughter-in-law, brother/sister- in-law, grandparents or grandchild 3 days 2 days Funeral Relative not mentioned above or friend 1 day Compassio nate Leave Serious illness Usually granted at the time of death to finalize arrangements or travel out of town for funeral. Granted in addition to the 2 or 3 days for death or funeral. Usually granted for presence during serious illness or surgery of a family member named in the first section above 5 days 1 day Birth Parent at birth of child 2 days Adoption Holy Days At time of coming into the adoptive home (granted to a spouse/partner not taking a parental leave) For approved religious holy days (hyperlink) (see section # 8 for information) 2 days 3 days per year Exam Examination (education) for self 1 day Citizenship Canadian Citizenship Ceremony for self Graduation Normally beyond secondary for self, spouse/partner, child or parent Quarantine Certified by Medical Officer of Health 1 day 1 day Required amount of time Court* if NOT a party to the action; summoned as a witness if a party to the action due to position with the Peel Board Period required by court Jury Duty* If called to serve as a juror Period required by court Inclement Weather If location is closed and staff have been instructed not to come to work, or if the supervisor feels that the employee made every effort possible but was unable to get to work Period required (usually one day)

8 Military Service* Application must be accompanied by letter from a Commanding Officer confirming the employee will be on military duty and stating the expected start and end date of the military duty. Only available during time of war or state of emergency. 2 weeks paid, unlimited unpaid Military Training* Application must be accompanied by a letter from the Commanding Officer stating that the training is essential and not an option for reservists. Contingent on the availability of replacement staff. *Note: Any fees or salary received by the employee while on this type of leave must be paid over to the Peel District School Board. 7. UNPAID LEAVES Maximum of 2 unpaid weeks Complete the Application for Personal Leave Without Pay. Send the form to the principal/supervisor and appropriate superintendent/controller/director for signature. The form will be forwarded to Human Resources Support Services. Name of the leave Description of the leave Important information Personal Discretionary Days A maximum of two days leave of absence without pay per year This leave may not be taken to extend vacation or school break absences. A 'year' is Sept. 1 Aug. 31 Unpaid Religious Holy Days Leave for Job-related Upgrading Courses (Business staff) Transportation Problems Personal Leave Without Pay Days for religious observance Days must be on the approved Religious Holy Days list Requesting a day that is not on the approved list See section # 8 for further information. Granted for attending a job related upgrading course. For absences due to inclement weather when the schools are open or for an unavoidable absence after a holiday period which is due to transportation problems Applications must include a detailed explanation of the activity to be pursued while on leave. Assistance with payment of tuition fees may be requested as per Policy #55 in years when budget has been allocated for this purpose. May be granted for a maximum of one year. Requests that are in direct conflict with the interests of the Peel District School Board or public education will not be approved.

9 Important Information For leaves of more than three months, an employee must have five years service with the Peel District School Board before a leave will be granted. There must be an interval of five years between leaves. 8. UNPAID RELIGIOUS HOLY DAYS Up to an additional six holy days without pay may be approved in addition to the up to three paid days, if requested. Complete the Application for a Personal Leave Without Pay with a letter from the respective religious institution outlining why the accommodation is required and what accommodation measures are required. The letter must be on the religious institution's letterhead and signed by the appropriate faith leader. Send the form and the letter to the Human Rights Officer in Human Resources Support Services. Important Information Additional information is available in the following documents: Approved Religious Holy Days A list of the approved religious holy days for the current school year. Requesting a day that is not on the approved list of religious holy days. Religious Holy Days Some commonly asked questions about religious holy days. Excerpt from the Policy on Creed and the Accommodation of Religious Observances, Ontario Human Rights Commission. Chronological Religious Holy Days A chronological listing of approved holy days for the current school year. 9. EMPLOYEE FUNDED LEAVES Permanent employees may apply for an Employee Funded Leave. Complete the Employee Funded Leave form - Elementary or Employee Funded Leave form - Secondary or Employee Funded Leave form Business Staff and send it to Human Resources Support Services. Applications from teachers will be reviewed by the Appropriate Teacher Funded Leave Committee before being sent to the Board of Trustees for approval. Applications from business staff will be reviewed and processed by the appropriate Employee Relations Officer. Collective agreements may contain the criteria and timelines.

10 10. SHORT-TERM PROFESSIONAL DEVELOPMENT LEAVE STPDL funds are available to members of the following employee groups - Elementary Teachers, Secondary Teachers, Media Support Specialists, Administrative Staff Group, Professional Services Group, Professional Student Services Personnel, Teaching Assistants and CUPE 1628 (Secretarial/Clerical) to support professional development. Complete the Short-term Professional Development Leave application. Application is through the STPDL committee of the applicable employee group. Other important information Collective agreements contain further information. 11. LEAVES TO ASSUME RESPONSIBILITIES WITH OUTSIDE ORGANIZATIONS Name of leave Secondments, Exchanges - International and Provincial Leave To Take Federation / Union Office Information about the leave Application to seek a secondment or exchange outside of Ontario or Application for Teacher Exchange with Another Board in Ontario must be made by December 15 th of the school year preceding the secondment. Approval to seek a secondment is made by the Superintendent of Human Resources Support Services. Once the secondment is arranged, the Board of Trustees approves the leave for the secondment. Applicants must comply with all the terms of the exchange or loan program or the terms of the secondment. An employee must have five years' service with the Board before a leave to hold a federation/union/association office will be granted, unless stated otherwise in the applicable collective agreement. Approval is by the Superintendent of Human Resources Support Services. A maximum of six years during an employee's career may be approved to assume federation/union duties unless specifically stated in the collective agreement. Leave For Campaigning and/or Election To Public Office Unpaid leaves of absence for permanent employees to campaign or serve in public office shall be granted --- Campaigning for Public Office: Federal/Provincial - a maximum of 20 consecutive working days in any one school year. Municipal/School Board - a maximum of 15 consecutive working days in any one school year.

11 Elected to Public Office: Federal/Provincial - No partial leaves will be approved. A maximum of six years may be approved. All leaves will commence and terminate at a time when it is least disruptive to the school and students, and where possible at a natural break in the school year. Municipal/School Boards - Employees will have the choice of one of the following options (a, b or c) (a) (b) full-time leave without pay up to a maximum of six years, or leaves of absence without pay to a maximum of five working days (or ten half-days) per school year to perform the functions of their offices, or (c) partial leaves to a maximum of 50% of an employee s contract time with the approval of the Superintendent of Human Resources Support Services. Note: The Education Act prohibits employees from serving on the Board of Trustees for the Board which is their employer. 12. MISCELLANEOUS LEAVES The total miscellaneous leaves for any one year shall not exceed five days except in extenuating circumstances. The following miscellaneous leaves are WITH pay --- Ministry of Education Curriculum Committees (if the Ministry covers costs) Programs for Exchange Teachers (costs will be borne by the Central Board Office if the program has been approved by the Central Board Office) Speaking Engagements (if the outside organization covers replacement costs) The following leaves are WITHOUT pay, except in exceptional circumstances Attendance at approved conventions or meetings of recognized community service organizations Leaves to participate in a provincial, national or international event 13. REQUESTING A LEAVE OR AN EXTENSION NOT ADDRESSED BY THE LEAVES OF ABSENCE POLICY AND OPERATING PROCEDURE: Decisions to grant an exception to the leaves of absence policy are made by the Superintendent of Human Resources Support Services in consultation with the Superintendent of Education, Director or Controller. This process may be used for leave requests not covered by the policy and to request an extension to a leave beyond the allowed time frame.

12 The employee must be at work until the approval to the exception is granted (unless the employee is requesting an extension while on an approved leave). Failure to do so may result in disciplinary action. How to Apply? 1. Complete the employee section of the Requests for Exception to the Leaves of Absence Policy #23 form. 2. Attach a letter to the form outlining in detail: the reasons for requesting the exception to the leaves of absence policy and operating procedure; the time period requested for the leave; a description of the activity(s) to be pursued during the leave; and, how the learning gained from the activity(s) will improve your ability to perform your job with the Peel District School Board. 3. Submit the form and letter to the principal or supervisor. The principal or supervisor will adjudicate the application on the following criteria: if the request for leave will significantly impact student learning or the operation of the department if coverage for the employee is available (where required). 4. The principal or supervisor will indicate whether or not the request is supported. If the principal or supervisor supports the request, the form will be sent to the appropriate superintendent, controller or director for consideration. If the superintendent, controller or director supports the request, it will be forwarded to the Superintendent of Human Resources Support Services for consideration. If the principal or supervisor does not approve the request, the form is returned to the employee with an explanation of the reason for the denial. The principal or supervisor may choose to attach a letter of explanation to the form, prior to returning it to the employee. The employee may appeal to the appropriate superintendent, controller or director for reconsideration of the decision of the principal or supervisor. If the supervisor, controller or director supports the request, it will be forwarded to the Superintendent of Human Resources Support Services for consideration. Important information: After using the procedure outlined in section 13 an employee wishing to appeal a decision made regarding a leave of absence may exercise the options afforded by his or her collective agreement through his or her Federation/Union/Association. Non-unionized employees may appeal to the Superintendent of Human Resources Support Services or, in the case of decisions made by that Superintendent, to the Executive Committee. REFERENCES Board Policy #23 Board Policy #35 Board Policy # Revised

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