7.5. Leaves of Absence

Short Term Disability (STD)

STD is paid at 67% of gross daily earnings per workday. The STD period starts 8 calendar days after the start of the absence for illness or upon the exhaustion of sick days remaining to the employee, whichever is the later. Upon injury or surgery, STD will begin immediately or upon the exhaustion of sick days remaining to the employee, whichever is the later. STD continues up to 120 calendar days after the start of the absence or until the employee returns to work, whichever happens first. If you have not seen a physician before the beginning of the short term disability coverage, benefits will not be payable until after your first visit to the physician and appropriate medical documentation from the physician including a forecast return to work date, is provided to TMS. Separate periods of disability arising from the same disease or injury are considered to be one period of disability unless they are separated by at least 2 weeks of continuous full time work. The School supports an early return to work when medically sound. This could include temporarily reduced hours or modified duties during the duration of the disability/illness. Staff members are not considered absent due to disability for the purposes of this policy when a return to work is possible.

An unpaid leave of absence must be pre-authorized by the Head of School. Service will continue to accrue during the first two (2) weeks of any authorized unpaid leave of absence. The employee will not be eligible for any TMS benefits coverage during the duration of the leave after 30 days.

Religious Holidays

Employees who request time off for religious observance shall be given: ● Up to two (2) regularly scheduled work days of leave without loss of pay for major religious days normally observed by the employee and designated as a day of obligation by the employee’s religion. ● Use of the Personal Day ● Any other days needed with pay will be at the Head of School’s discretion. Employees are required to provide a minimum of two (2) weeks’ notice of their intent to take this leave, identifying the specific religious holiday for which leave is required.

Personal Day

Each academic year, regular full-time employees may, at the discretion of their Supervisor, be granted up to one (1) regularly scheduled paid work day’s leave for special circumstances. Employees are required to provide a minimum of two (2) days’ notice of their intent to take this leave, and follow the procedures for notifying the Head’s Assistant and their immediate Department Head.

Personal Emergency Leave

Hourly Paid employees can take up to 2 days of paid Personal Emergency Leave per year, with no more than 1 day of paid Personal Emergency Leave per academic term (Fall, Winter, Spring, Summer Camp). Eligibility for paid Personal Emergency Leave begins 31 calendar days after the beginning of work under the hourly contract. Pay during a Personal Emergency Leave shall be at the same rate, and for the scheduled number of hours, that would have otherwise been worked on that day. As these hours have not actually been worked, they are at straight time and do not factor into overtime calculations, nor any otherwise applicable Provincial wage enhancement schemes. Reasons a personal emergency leave may be taken: personal illness, injury or medical emergency

or

death, illness, injury, or medical emergency relating to the following family members: ● spouse (includes both married and unmarried couples ● parent, step-parent, child, or step-child of the employee ● relative of the employee who is dependent on the employee for care or assistance

There is no pro-rating of the 2-day entitlement. An employee who begins work part way through a year is still entitled to up to 2 days of leave consistent with the restrictions above. Employees cannot carry over unused personal emergency leave days to the next year. If an employee takes only part of a day as personal emergency leave, it counts as a full day of leave. Should an hourly paid employee require additional leave, it will be unpaid and should be approved in advance by their supervisor.

Education Leave Program

Education leave permits a staff or faculty member to pursue study or research, of benefit to the individual and the School. The following conditions apply:

1. The Education Leave is an approved unpaid leave of absence of a set length of time not to exceed 12 months. The employee will remain a TMS employee during the leave. Should TMS be conducting terminations in the event of a lay-off or reduction in the employee complement, staff on LOA will be considered in the same way as staff not on LOA. 2. The employee will not be eligible for any TMS benefits during the duration of this leave, all benefits will terminate at the start of the leave, including the staff tuition discount. 3. Permanent full-time employees with a minimum of 3 years of continuous employment at the School are eligible to apply. 4. Written request for the Education Leave Program must be submitted to HR as soon as possible before the start of the leave. The Request should include proof of application to the academic institution for which they have applied when available. Applications will be considered as received. 5. TMS understands that acceptance into some educational programs is often not confirmed until the spring, therefore, upon the employee’s request, TMS will allow individuals the option to withdraw from the leave program in the event they are not accepted to the program by no later than Mar 1st for leave commencing in September and August 1st for a leave commencing in January by submitting a letter in writing to the Head of School. 6. The Request for Education Leave application must include a detailed rationale for requesting the leave. 7. It should be emphasized that when the Head of School considers applications for this leave, that the best interests of the School will be paramount. Circumstances may arise that would make it impossible to grant an Education Leave request. 8. All leaves under this program must be approved by the Head of School. 9. The staff member will not move to the next step or increment of the salary grid during the year of leave. 10. The Leave Period may be postponed for one year if, 9 months prior to the start of the leave either a. the School gives the employee written notice that postponement is necessary because the Head of School, at his/her sole discretion, has determined the leave is not in the best interests of the program needs of the School, or b. the employee makes a written request to the School stating personal or other reasons why postponement is desired, and the Head of School, at his/her sole discretion, determines such a postponement is not detrimental to the School. 11. This Agreement may be terminated by the employee giving written notice to the Head of School 9 months prior to the start of the leave. 12. This Agreement will be deemed to be terminated at the time the employee ceases to be employed by the School. 13. A Memorandum of Agreement outlining the terms and conditions of the leave must be completed by the employee upon approval of the leave.

14. TMS will confirm the employee’s intent to return to TMS via a salary confirmation letter to be sent to the employee in the spring.

Self-Financed Leave Program (Four-over-Five)

The self-financed leave program is generally known as the “Four over Five” program. The eligibility requirements are set out as follows: ● All faculty members with a minimum of 2 years of continuous employment at the School are eligible to apply. A written request to the Head of School should be made no later than Mar 1st of any given year for commencement the following September 1. ● A faculty member may not re-apply for a subsequent leave until at least 5 years after the expiration of the preceding leave period or contract period (as defined in that staff member’s executed Memorandum of Agreement), whichever is the later. ● It should be emphasized that when the Head of School considers applications for this leave, that the best interests of the School will be paramount. It must be understood that circumstances may arise in any given year that would make it impossible to grant this type of leave in that year.

Conditions of the Self-Financed Leave Program

1. Application for leave must be made four years prior to the anticipated date of commencement of the leave. Once an application is approved, the terms of the program will be formalized in a Memorandum of Agreement signed by the staff member and the School. 2. Only one member of a department may be on leave under this plan at any time. Any exceptions will be at the discretion of the Head of School. A maximum of two faculty members may be on leave under this plan at any time. 3. Leaves are for a period of one year and can only be taken over the period from September 1 to August 31. 4. The Head of School must approve all leaves under this program. 5. During the year of leave, the amount of pay will consist of the accumulated amount previously deducted during the contract period. The total deduction made will be paid in 24 semi-monthly equal installments during the academic year of leave subject to all statutory deduction. This amount will be lower than 80% of the salary for the year immediately preceding the year of leave because of the averaging of 80% of salary during the contract period. The faculty member will not move to the next step or increment of the salary grid during the year of leave. 6. During the four years preceding the leave, the faculty member will be paid in the normal manner and on the normal pay dates, 80% of the salary to which the faculty member is normally entitled. Coverage under the School’s benefit plans will be established with reference to 80% of the salary to which the faculty member would otherwise be entitled. Costs of this coverage will be shared between the School and the faculty member in the normal manner. 7. Contributions to the Ontario Teachers’ Pension Plan, if applicable, will be deducted at the relevant contribution rates that are based on 100% of the salary to which the faculty member would otherwise be entitled. 8. Payments made to the faculty member under condition 5 shall be drawn from a trust account established under the Memorandum of Agreement. Should any funds remain in the account after all payments have been made, the residual will be paid to the faculty member.