Compassionate Leave June 10, 2003 1 of 5 APUO – SECTION 29.3 *29.3.1 LEAVE OF ABSENCE A leave of absence with or without pay may be granted by the employer to a member for any of the following reasons: (a) to provide the member with a period in which to pursue studies, undertake retraining, or otherwise expand or improve her qualifications as a scholar, teacher, or professional; (b) to allow the member to assist, or provide services to, a learned or professional society, an organization such as CAUT, AUCC, OCGS, or the like, or to a municipal, provincial, national, or international agency, or the like; (c) to allow the member to provide a community, regional, national or international group or project with services relevant to the member's academic discipline or profession; (d) to attend as witness or juror, in accordance with 29.3.7; (e) to campaign for or hold public office, in accordance with 29.3.8; (f) to care for a person defined in 40.1.5 or a spouse or a parent (hereinafter referred to as a special family leave). Leaves of type (a), (b), (c), and (f) shall not normally exceed 2 consecutive years. Librarian members may apply for professional leave pursuant to section 31.2 and for leave without pay pursuant to section 31.3 and may, in circumstances not dealt with in sections 31.2 or 31.3, apply for leave of absence pursuant to the provisions of this section. Language teacher members may apply for professional leave pursuant to section 29.4 and may apply for any other leave of absence pursuant to the provisions of this section. *29.3.2 Remuneration during leave A member applying for a leave of absence under 29.3.1 (a), (b), or (e) may request, and the employer may grant, partial or full remuneration for the duration of the leave or any part thereof. Where remuneration is granted, the employer's liaison officer shall advise the Association of all the terms of the leave, including the remuneration to be received by the member during the leave. *29.3.3 Benefits While on leave of absence, a member may continue to participate in the employee benefits listed in 40.1.1. In order to participate, the member must, no later than 20 working days prior to the commencement of the leave, deliver written notice to the Human Resources Service, stating the programs in which the member will continue to participate during the leave and undertaking to pay the normal employee and employer contributions for insurance premiums and the pension plan. The contributions will be based on the member's nominal salary as it was at the beginning of the leave, adjusted, subject to relevant provisions of article 41, by any scale increases coming into effect during the leave. The employer's contributions will be determined in accordance with 40.1.1.5. Any period where the member so contributes to the pension plan counts as a period of full-time service with the employer, subject to Revenue Canada limits for such counting of service. 29.3.4 Progress through the ranks *29.3.4.1 For purposes of determining whether the member receives a progress-through-the-ranks (PTR) adjustment corresponding to a period when the member is on leave of absence, each calendar year shall be considered as constituted of the first semester (January to June inclusive) and the second semester (July to December inclusive). *29.3.4.2 For any leave contained entirely within one semester, the member's eligibility for PTR shall not be affected by her having been on leave of absence, it being understood that assessment for PTR purposes shall be based upon Compassionate Leave June 10, 2003 2 of 5 (a) the period not on leave for scheduled duties, and (b) the entire year for scholarly activities. *29.3.4.3 For any leave not contained within one semester the Joint Committee shall determine when the leave is granted whether the member's PTR is to be reduced on a pro rata basis by reason of the leave of absence. The member's dean shall make recommendations in this regard after consultations with the FTPC. It is understood that this consultation with the FTPC does not imply a requirement to refer the matter to the DTPC. *29.3.5 Years of university-level experience (YULE) For purposes of determining a member's years of university-level experience, any period during which a member is on leave of absence shall or shall not be counted as a period of university-level experience, according as the member's PTR for that period is not or is withheld by virtue of the leave. 29.3.6 Application and approval procedure *29.3.6.1 A member applies for leave by forwarding to her dean the appropriate application form, accompanied by any relevant documentation. The application shall normally be made not less than 6 and not more than 18 months prior to the requested starting date for the leave. *29.3.6.2 The Joint Committee shall decide, no later than 3 months following the date of application, whether to grant the leave. Granting of a leave of absence of normal duration shall not be unreasonably denied. *29.3.7 Court leave A leave of absence with no loss of remuneration and no effect on benefits shall be granted to any member, other than a member already on leave of absence, who attends as a witness or serves as juror in the proceedings of any judicial, quasi-judicial, or administrative body in Canada having the power to compel the attendance of witnesses before it. *29.3.8 Public office leave A member who is an official candidate for election to the Parliament of Canada, to a provincial legislature or assembly, or to the office of mayor of Ottawa or Hull or any similar office as determined by the employer, may request a leave of absence with no loss of remuneration and no effect on benefits for a period of up to 30 consecutive calendar days during which she is campaigning for office. A tenured member may request a leave of absence without pay for any period up to 6 years in which she holds one of the aforementioned offices. A leave of absence, to campaign for or to hold one of the aforementioned offices, shall not be denied without valid administrative or academic reason. *29.3.9 Part-time service with employer While on leave of absence as provided for under 29.3.1(a), (b) or (e), a member is eligible for appointment as a sessional lecturer, sessional language teacher, or part-time librarian or counsellor with the same remuneration and assistance as a person who is not a member of the Association. SECTION 31.3 LEAVE WITHOUT PAY (LIBRARIANS) 31.3.1 General provision A librarian may be granted a leave without pay, i.e. an authorized absence during which she receives no compensation from the employer. 31.3.2 Request and approval 31.3.2.1 A librarian may request a leave without pay by writing to the head of her unit and to the chief librarian. The request must include: (a) the date and duration of the leave; (b) the reasons for the leave. Compassionate Leave June 10, 2003 3 of 5 Except for valid reasons, leave without pay shall not extend beyond 6 months. Except in case of emergency, the request must be submitted to the head of the unit at least 30 working days before the anticipated date of the leave. 31.3.2.2 The head of the unit shall make a recommendation to the chief librarian. Further, for a leave of more than 1 month, the chief librarian shall ask the LPC to make a recommendation. 31.3.2.3 For leaves not extending beyond 6 months, the decision is made by the chief librarian. For leaves extending beyond 6 months, the decision is made by the Administrative Committee upon recommendation by the chief librarian and the LPC. *31.3.2.4 The chief librarian shall, no later than 10 working days prior to the requested starting date, forward the decision and written reasons therefor to the member and the member's immediate supervisor. 31.3.2.5 A leave without pay may be refused if service requirements so dictate or if the employer would have to pay overtime or incur other supplementary expenses if the leave were granted. 31.3.2.6 Regardless of the duration of the leave, the member must complete the leave form prescribed by the employer. 31.3.3 Rights of a member on leave without pay 31.3.3.1 A librarian who is on leave without pay may continue to participate in employee benefits, in accordance with 29.3.3. *31.3.3.2 Upon return to work following an authorized leave without pay, a librarian member shall be entitled to return to the position held immediately prior to the commencement of the leave. When the member returns, she shall enjoy the same rank, privileges, rights and benefits, including any scale adjustments, to which she would have been entitled if she had not been on authorized leave without pay. Notwithstanding the foregoing, time spent on authorized leave without pay shall not count as years of employment with the employer for the purposes of promotion, professional leave or continuing appointment. With regards to progress through the ranks during leave without pay, the provisions of 29.3.4 shall apply mutatis mutandis. OCAD – Maybe granted at the discretion of the dean, not mentioned in the Memorandum of Agreement. Queen’s 33.2.2 Compassionate/Special Leave When an event such as illness, injury or death in a Member's immediate family occurs, and clearly requires the Member to be absent from the University for compassionate reasons, the Member shall be entitled to up to six (6) months leave with pay. The Member shall request such leave in writing to the Unit Head with sufficient particulars so as to enable the Unit Head to make a proper assessment of the request for leave. 33.2.3 Personal Leave Leave for personal reasons requiring urgent attention may be granted by the Dean, University Librarian/University Archivist with or without pay. The Dean, University Compassionate Leave June 10, 2003 4 of 5 Librarian/University Archivist shall be notified as soon as practicable of the length of the requested Personal Leave and the reasons for it. The Dean, University Librarian/University Archivist shall make her/his decision based on the reasonableness of the request in light of all the circumstances. Western Ontario Compassionate Leave 1. The Employer shall grant Compassionate Leave to a Member when a death occurs in his or her Immediate Family. The Dean or designate shall determine the appropriate duration of the Leave after consultation with the Member, considering the need to make arrangements for and/or to attend the funeral or memorial service. Such Leave shall be with pay. 2. For this Article, Immediate Family is defined as the Member’s spouse (including common-law partner) of the opposite or same sex, parent, step-parent, mother-in-law, father-in-law, grandparent, grandchild, brother, brother-in-law, sister, sister-in-law, son, son-in-law, daughter, daughter-in-law, step-child, foster parent, foster child or ward. 3. The Dean or designate may also grant Compassionate Leave for other grounds such as to attend the funeral of a friend or relative other than those specified Clause 2, to attend to urgent or critical health needs of the Member’s Immediate Family, to provide for urgent or extraordinary elder or child care needs of the Member’s Immediate Family, or for other personal reasons requiring urgent attention. The Dean’s approval of Compassionate Leave on such grounds shall not be arbitrarily withheld. The Dean or designate shall determine the appropriate duration of the Leave after consultation with the Member. Such Leave shall be with pay. 4. A Member requiring Compassionate Leave shall notify the Dean or designate as soon as possible, providing the reasons for the Leave. Wilfrid Laurier – 17.4 Compassionate Leave: Compassionate Leave June 10, 2003 5 of 5 17.4.1 Members are entitled to Compassionate Leave with full pay for periods up to 5 days in the case of illness or death in the Member's immediate family. 17.4.2 Members shall give reasonable notice of need for such leave to the Dean, University Librarian, or equivalent administrative officer, through the Department Chair or Coordinator, where appropriate. Notification may be made by telephone, e-mail or fax, when it is not reasonable to otherwise discuss the matter with the Department Chair or equivalent in person. 17.4.3 Compassionate Leave with full pay and benefits for periods longer than 5 days may be granted by the Dean, University Librarian, or equivalent administrative officer. Windsor – ARTICLE 24 COMPASSIONATE LEAVE 24:01 It is recognized that certain emergencies such as death or serious illness may arise in a member's personal life which may require his/her absence from the University for a reasonable period of time. Notification of absence shall be given to the Head (or Associate Librarian, or Law Librarian) who will notify the Dean or University Librarian as appropriate prior to departure or as soon as possible thereafter. The length of absence with full salary and all other rights, privileges and benefits shall be determined by the Dean or University Librarian or Law Librarian as appropriate in accordance with this Article 24.