Leaves

Introduction

The University provides a variety of leaves to employees covered by the UGFA Unit 1 Collective Agreement [1]. For ease of reference, we have provided information on each type of leave below.

In the event of a discrepancy between this page and the Collective Agreement, the Collective Agreement shall be considered the final authority.

Study/Research Leave for Faculty (Article 22)

Purpose

Study/Research Leave with salary is an essential means of enabling faculty members to maintain and enhance their quality as scholars. Such Leave enables the University to maintain and enhance excellence through the faculty member's subsequent contributions to his/her teaching and research programs. To satisfy the purpose of this leave, it is necessary that scholarly objectives are being sought and that both study and research activities, whether singly or in some combination, are consistent with these objectives.

Eligibility

Full-time faculty members are eligible to apply for Study/Research Leave to commence after six (6) years of continuous faculty service (or its equivalent) since appointment at the University. Only tenured faculty members may take a Study/Research Leave.

A tenured faculty member holding a Reduced Workload Appointment or Part-time Appointment, in accordance with the provisions of Article 54: Reduced Workload, is eligible to apply for Study/Research Leave to commence after six (6) years of active employment with the University. The procedures and conditions that apply are those outlined in the remainder of this Article, adjusted to accommodate the reduced workload/part-time appointment.

Prior eligible service for leave with salary as a faculty member at another university or acceptable institution may be counted in determining eligibility to apply for Study/Research Leave with salary. Credit will be calculated on the basis of one year for every two (2) years of full-time academic service at another institution, to a maximum of three (3) years. This equivalent amount of leave to be credited will be specified by the Dean in the Letter of Appointment as per Article 19: Faculty Appointments.

Following return from each Study/Research Leave, tenured faculty members are entitled to apply for one semester of Study/Research Leave after three (3) years of active employment, or for two (2) semesters after six (6) years of active employment.

Faculty members who have held an academic administrative appointment since a previous Study/Research Leave are eligible to apply for Study/Research Leave when the sum of years of active employment both prior and subsequent to the term of administrative appointment (and excluding any period of academic administrative leave after the term of appointment) is equal to six (6) years. A faculty member who has served in an academic administrative position may claim one semester of credit for each year of service toward Study/Research Leave. A minimum of one year must have elapsed between a Transition Leave and a Study/Research Leave, unless otherwise approved by the Dean and the Provost.

Application for Leave

Application for Study/Research Leave must be in writing to the Department Tenure and Promotion Committee through the Chair of the Department. Such application will be submitted at least one year prior to the intended start date of the Study/Research Leave. The written application for Leave will include:

statement of goals;
a plan of scholarly activity;
an indication of when and where the Leave is expected to be taken;
an up-to-date Curriculum Vitae; and
a plan of how contractual research responsibilities (including OMAFRA) will be handled during the period of leave.

Decision Procedures

The Department Committee will consider all written applications for Study/Research Leave as soon as is practicable following their receipt. The Department Committee will assess applications on the basis of their merit and their consonance with the statement of goals of the Study/Research Leave. A faculty member’s record of using previous Study/Research Leave for scholarly purposes and the report from the previous Leave will be components in the assessment of the application. The Department Committee, through the Chair, will make its recommendations to the Dean within twenty (20) days of receipt of the application.

The Dean will inform the faculty member and the Department Chair in writing of his/her decision to approve or deny the Leave within twenty (20) days of receipt of the Departmental recommendation. Reasons for denial or for the need to delay the commencement of such a Leave, where applicable, will also be given in the Dean’s letter.

Under exceptional conditions determined by Department needs and priorities, and with the approval of the Dean, an approved Study/Research Leave may be delayed. Such delay, however, cannot be for a period exceeding two (2) years. The date to be used in establishing eligibility for a subsequent period of Study/Research Leave will be the date of return that would have occurred had the Leave not been delayed. Under exceptional circumstances and with the approval of the Dean, the start date of a faculty member’s approved Study/Research Leave may be delayed, by the faculty member, for up to two (2) years. Any entitlement towards the next Leave accrued during such a delay is not jeopardized.

A faculty member whose application for Study/Research Leave has not received approval from the Dean may appeal to the Provost. Appeals are restricted to consideration of the academic merits of the case, and may not relate to a requirement to delay the Leave. An appeal cannot introduce new material that has not been seen by the Department Committee and the Dean.

Duration of Leave

Faculty members who qualify under this Article may apply for a period of Leave of one or two semesters duration with salary and benefits. A Study/Research Leave will include the annual vacation entitlement appropriate to the length of the Leave. On the completion of a period of Study/Research Leave, the faculty member will assume the responsibilities that would normally have been scheduled for that particular semester. It is expected that a faculty member will return to the University of Guelph for at least one year following a period of Study/Research Leave.

Conditions of Study/Research Leave

The scheduling of a Study/Research Leave is to be granted independently of any other Leave entitlement. Where University Service commitments will be affected by the granting of a Research/Study Leave, the Chair and Dean, in consultation with the faculty member, will be responsible for making any necessary administrative arrangements to enable the Leave.

Within sixty (60) days of the conclusion of the Leave, the faculty member will provide a written report describing what has been accomplished, in relation to the plan submitted. The report will be provided to the Chair and made available to the Department Committee and Dean.

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Maternity and Parental Leaves (Article 43)

Eligibility and Application

Maternity and parental leaves are available to all faculty members except those holding Contractually Limited appointments. Faculty members holding Contractually Limited appointments are eligible for all maternity/parental leave benefits with the exception of the Supplemental Income Benefit.

Individuals talking maternity/parental leave shall normally give three months' written notice to their Dean or designate. Where both parents are represented by UGFA Unit 1 and are qualified to take maternity/parental leave, the leave may be shared. In this case, both shall provide notification to their respective Dean, University Librarian, or, in the case of Veterinarians, Director, or designate three (3) months prior to the commencement of the leave. The combines leave provision provided to both shall not exceed fifty-two (52) weeks of maternity/parental Leave. Additional unpaid parental leave may be requested as per 44.14. The notice periods above may be waived if the faculty member stops working as a result of complications with the pregnancy or because the child comes into the care or custody of the parent sooner than expected.

Leave Provisions

Maternity Leave

Upon the birth of a child, a faculty member shall be entitled to up to seventeen (17) weeks of maternity leave as per the Employment Standards Act.

Parental Leave

For a faculty member who has taken maternity leave as provided for under Article 44.5, the faculty member shall also be entitled to up to an additional thirty-five (35) weeks of leave as per the Employment Standards Act. For a faculty member who is not eligible to take maternity leave under Article 44.5 (e.g., father, same-sex partner, or adoptive parent), the faculty member shall be entitled to up to thirty-seven (37) weeks of parental leave as per the Employment Standards Act.

Supplemental Income Benefit

Faculty members must apply for, and qualify for, and receive, Employment Insurance (EI) benefits to receive supplemental income benefits from the University. To be eligible to receive a supplemental income benefit, a faculty member shall provide appropriate documentation of the birth or adoption of a child and the receipt of EI benefits to Human Resources. A faculty member disentitled or disqualified from receiving EI benefits is not eligible to receive supplemental income benefits from the University. Exceptions to this will be considered on a case-by-case basis.

During the period of maternity and/or parental leave as specified above, an eligible faculty member shall receive from the University:

for the first two (2) weeks, 100% of his/her normal salary, less any applicable EI weekly earnings;
for up to a maximum of twenty-eight (28) additional weeks of maternity and/or parental leave, an amount equal to 95% of his/her normal salary, less any applicable EI weekly earnings;
for any remaining period of parental leave beyond thirty (30) weeks, supplemental income benefits equal to 25% of her/his weekly EI earnings but no more than 100% of his/her normal salary, less any applicable EI weekly earnings.

The thirty-five (35) weeks of supplemental income benefit provided for maternity and/or parental Leave under b) and c) above may be shared between eligible employees (i.e., one parent may take 20 weeks, and the other may take 15 weeks, or any combination thereof).

Additional Unpaid Parental Leave

All faculty members are eligible to apply for and be considered for unpaid parental leave. Unpaid parental leave is intended to accommodate employees who are not eligible for the above leave provisions or for those employees who require additional time to care for newborn or newly adopted child(ren) than provided for under the Employment Standards Act.

On receipt of appropriate documentation or confirmation of the birth or adoption of a child, the University will grant thirty-seven (37) weeks of unpaid parental leave to a faculty member. The same notification provisions apply to unpaid leave.

For those faculty members eligible for and who have taken parental leave, any unpaid parental leave will commence immediately following the parental leave.
Unpaid parental leave is available to be shared between both parents.
Unpaid parental leave is not available when an employee establishes a spousal relationship with an individual who already has a child(ren) and the employee subsequently adopts the child(ren).
Participation in the University Group Insurance Benefits may be continued while a faculty member is on unpaid parental leave on a normal cost-sharing arrangement.
Additional unpaid leave may be requested by a faculty member under the provisions of Article 45: Leaves of Absence. Such request is made to the Dean or designate.

General Provisions

A faculty member who has taken maternity and/or parental leave and/or unpaid parental leave will have academic decisions related to tenure and promotion deferred by one year for each such leave. Such a deferral shall be granted automatically, unless an employee requests to have the deferral waived.
A faculty member on maternity and/or parental leave will continue to receive University benefits while on Leave on a normal cost-sharing basis. Participation in the Pension Plan is optional.
Should a pregnancy result in medical complications before or after the maternity leave, the provisions of Article 47: Sick Leave shall apply.
It is expected that a faculty member will return to employment at the University following a maternity and/or parental Leave.
Upon return to work, a faculty member who has taken maternity/parental leave shall resume his/her position at the same rank and his/her normal salary and benefits, including any intervening salary and benefits adjustments provided for under the Collective Agreement.

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Leave without Pay (Article 45)

Faculty members may apply for a Leave of Absence without pay. An application for such a Leave will be given due consideration and may be granted where the University determines that the Leave will not interfere with operational requirements.

A Leave of Absence without pay shall not normally exceed one year. This restriction may be modified in individual cases by the Provost, on recommendation from the Dean. In all cases of Contractually Limited faculty members, a Leave will not extend the duration of the term of appointment and will not exceed the end date of the term of appointment.

While a faculty member is on a Leave of Absence without pay, the University will not contribute towards the costs of benefits. The faculty member may elect to pay both the University and Employee costs of benefits during the period of Leave.

Any application for a Leave of Absence shall be made by the faculty member to the Dean. The application shall describe the purpose and duration of the Leave. A faculty member will apply in writing at least six (6) months before the proposed leave is to take effect. In the case of unforeseen events/circumstances, a faculty member shall be permitted to apply for a Leave of Absence less than six (6) months before it would begin and this application will be given due consideration.

The Dean shall consult with the person to whom the faculty member reports. The Dean shall then approve or deny the application. Any decision not to approve an application shall be accompanied by written reasons.

While on a Leave of Absence, faculty members are not eligible for consideration for Promotion and/or Tenure/Continuing Appointment. This restriction may be modified in individual cases by the Provost, on recommendation from the Dean or designate, at the request of the faculty member. In the case of a faculty member on a Tenure-track Appointment, a Leave of Absence beyond six (6) months will extend the Tenure-track Appointment by a period of one year. Study/Research Leave credit shall not be earned during a Leave of Absence without pay.

A faculty member, upon returning from a Leave of Absence, shall be placed, at a minimum, at the same rank and appointment type as held at the commencement of the Leave. Upon returning from a Leave, a faculty member will receive salary of not less than that received immediately prior to the period of the Leave, adjusted by any base salary adjustments that may have taken place in the interval.

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Vacation (Article 46)

A faculty member’s vacation entitlement shall be based on service during each Academic Year.

Vacation leave for faculty members appointed on a contract of twelve (12) months or more shall be:

from the first year up to and including the eighth (8) year of service, vacation entitlement will be twenty-two (22) days;
from the beginning of the ninth (9) year up to and including the twentieth (20) year of service, twenty-five (25) days;
from the beginning of the twenty-first (21) year and for all subsequent years, thirty (30) days.

A faculty member appointed on a contract for less than twelve (12) months shall be paid a vacation payment in lieu of a paid vacation in the amount of 8% of salary earned.

Accrual of service commences on the first day of employment. Faculty members may utilize vacation credits, with approval, in advance of earning them with the understanding that upon termination of employment the value of any unearned vacation credits taken will be reimbursed to the University. A faculty member shall take vacation at a time or times agreeable to the person to whom he/she reports. There shall be no remuneration in excess of the annual salary in the event that a faculty member chooses to work through all or part of his/her scheduled vacation period.

It is expected that a faculty member will take his/her vacation in the year in which it is earned. A faculty member may, however, carry over unused vacation days, excepting the ten (10) days required by law, into the next Academic Year, but the total vacation days carried over shall not exceed thirty (30) days. Salary shall not be paid in lieu of unused vacation time.

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Sick Leave (Article 47)

A faculty member who is absent and therefore unable to fulfill his/her responsibilities because of illness or injury shall advise the person to whom he/she reports as soon as reasonably possible of his/her absence and the expected date of return to work. The faculty member will provide notification as soon as reasonably possible of any change to the expected date of return to work. The University reserves the right to require medical documentation of illness or injury whenever the University reasonably considers such documentation necessary.

Tenure-Track/Tenured Faculty Members

A faculty member who holds a Tenure-track or Tenured Appointment who is absent from work as a result of illness or injury up to a maximum of ninety (90) consecutive calendar days shall receive his/her actual salary and benefits except in the following circumstances:

if there is a recurrence of the same or related illness or injury within thirty (30) calendar days following a faculty member's return to work on a full-time basis from Sick Leave, the faculty member is entitled to the unused portion of the original ninety (90) consecutive calendar day period of Sick Leave;
if a faculty member is able to return to work on a part-time basis within the ninety (90) consecutive calendar day period, the ninety (90) consecutive calendar days will be extended by the amount of the time actually worked by the faculty member during this ninety (90) consecutive calendar day period; or
if a Faculty Member becomes ill or injured while on Study/Research Leave such that the Study/Research Leave cannot be completed, the faculty member shall go on Sick Leave and the provisions of Article 22: Study/Research Leave for Faculty shall cease to apply. If 50% or more of the Study/Research Leave is unable to be completed, the faculty member may apply to the Dean for deferral of the Leave.

Contractually Limited Faculty Members

A contractually limited faculty member who is absent from work as a result of illness or injury shall receive his/her actual salary up to a maximum of fifteen (15) days in any twelve (12) month period. If a Contractually Limited faculty member's absence due to illness or injury continues beyond fifteen (15) days, the faculty member will remain on Sick Leave, but without salary. Following an absence of greater than ninety (90) consecutive calendar days, the faculty member may qualify for Long Term Disability as outlined in this Article. For continuation of benefits while on unpaid Sick Leave, the faculty member shall pay both the University and Employee premiums.

Workplace Safety and Insurance Board (WSIB) Benefits

A faculty member who holds a Tenure-track or Tenured Appointment who is absent from work as a result of illness or injury arising out of and in the course of employment shall be paid his/her actual salary by the University for up to the first ninety (90) consecutive calendar days of any such absence. During this period, any benefits from the WSIB shall be paid to the University. If the faculty member continues to be entitled to such benefits after ninety (90) days, the faculty member shall receive benefits directly from the WSIB.

A Contractually Limited faculty member who is absent from work as a result of illness or injury arising out of and in the course of employment shall be paid his/her actual salary by the University for up to the first fifteen (15) days of any such absence. During this period, any benefits from the WSIB shall be paid to the University. If the faculty member continues to be entitled to such benefits after fifteen (15) days, he/she shall receive benefits directly from the WSIB.

Long Term Disability (LTD)

To ensure a timely application and consideration for Long Term Disability benefits, the person to whom the faculty member reports will inform Human Resources (Occupational Health and Wellness) as soon as possible of the absence due to illness or injury.

If a faculty member’s absence due to illness or injury continues beyond the ninety (90) consecutive calendar days of Sick Leave, the faculty member may qualify for LTD only in accordance with and to the extent of the terms of the legislation and/or LTD benefits policy in effect.

When a faculty member who holds a Tenure-track or Tenured Appointment and is absent due to illness or injury beyond ninety (90) consecutive calendar days of Sick Leave but does not qualify for LTD, the faculty member will remain on Sick Leave following the ninety (90) consecutive calendar days, but without salary. For continuation of benefits while on unpaid Sick Leave, the faculty member shall pay both the University and Employee premiums.

For Contractually Limited faculty members, if eligible, LTD benefits will cease at five (5) years. If the end of the contract has been exceeded at the time LTD benefits cease, the faculty member will be deemed terminated.

During the period of LTD, the University shall pay the employer and employee contributions for all benefits except optional benefits. Pension contributions and basic life insurance premium contributions are based on the faculty member's pre-disability salary. During periods of LTD, there will be no service accrual toward eligibility for Study/Research Leave, Consultative Leave or Transition Leave.

Return to Work

In all cases, the return-to-work program shall be consistent with the Parties’ duty to accommodate in accordance with the Ontario Human Rights Code. Before a return to work following an absence of more than fourteen (14) calendar days due to illness or injury, or where the University has reason to believe that the faculty member may require accommodation, the University may require documentation stating that the faculty member is able to return to work without restrictions or that he/she is able to return to work, with the nature and duration of any work restrictions described. If a faculty member is to return to work with restrictions, the Dean or designate, shall contact Occupational Health and Wellness before the faculty member's return to work to meet and discuss any accommodations required for his/her return to work.

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Family Medical Leave (Article 48)

Purpose

Family Medical Leave may be taken to provide care or support to family members to whom a qualified health practitioner has issued a certificate indicating that he/she has a serious medical condition with a significant risk of death occurring within a period of twenty-six (26) weeks. The medical condition and risk of death must be confirmed in a certificate issued by a qualified health practitioner.

Process for Approval

Faculty members requiring Family Medical Leave shall notify the Dean or designate, as soon as possible, providing the certificate (per Article 48.1) issued by a qualified health practitioner. A family medical leave may last up to eight (8) weeks within a specified twenty-six (26) week period and does not have to be taken consecutively. Such Leave will be with pay.

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Personal Emergency Leave (Article 48)

A faculty member is entitled to a maximum of ten (10) days of Personal Emergency Leave. Personal Emergency Leave may be taken for such grounds as injury, medical emergency, death, illness, or other urgent matters relating to family members (per Article 48.4). The faculty member shall inform the Dean or designate, as soon as possible of the need to take such leave. A faculty member may, subject to written approval by the Dean, receive pay during such leave under the terms of this Article. The Dean shall determine the appropriate duration of the Leave, to a maximum of ten (10) days, after consultation with the faculty member. Such Leave will be with pay.

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Court Leave (Article 49)

Faculty members who are called for jury duty, or issued a summons by a court or any body in Canada with powers of subpoena, shall, if their attendance requires them to be absent from their scheduled responsibilities, notify the Dean or designate, as soon as possible after its receipt. They shall supply the Dean or designate with a copy of the summons.

Leave shall be considered leave with pay provided that the faculty member is not currently on a Leave of Absence without salary and that upon return he/she provides the Dean or designate, verification from the court or other body stating the period of jury duty or subpoenaed service.

This Article does not apply to faculty members summoned to any Arbitration proceeding between the University and the Association.

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Political Leave (Article 50)

A faculty member who becomes a candidate for full-time public office shall be granted, upon request, a paid temporary Political Leave for the period from the issuance of the election writ to the day following the election. The faculty member shall, in consultation with the person to whom he/she reports, make efforts to ensure that, during the period of the Leave, the effects of his/her absence upon responsibilities and assigned duties may be minimized.

A faculty member campaigning for election to public office shall speak and write as a private citizen and not as a representative of the University.

A faculty member applying for leave under this Article shall give reasonable notice of his/her intention to stand for public office to the Dean.

A tenured faculty member who is elected to full-time public office shall be granted leave without salary and benefits for the duration of the term of public office. While the faculty member is on Leave without pay, the University will not contribute towards the costs of benefits, including pension. The faculty member may elect to pay the cost of benefits and/or pension contributions during the period of the Leave. The leave shall end when the faculty member’s first public office term expires or if the faculty member successfully seeks subsequent terms of office. Any extension of leave beyond five (5) full years will be at the discretion of the Provost.

The faculty member, upon making a request to the Dean returning to the workplace no later than two (2) weeks following the expiry of the Leave, shall be reinstated to his/her previous Appointment.

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Statutory Leaves of Absence

The University will comply with and provide all leaves as required by the Employment Standards Act, 2000, as amended from time to time. This includes, but is not limited to the following:

Organ donor leave
Family caregiver leave
Critical illness leave
Child death leave
Crime-related child disappearance leave
Domestic or sexual violence leave
Emergency Leave, declared emergencies
Employees are permitted to take any of the aforementioned leaves of absence, so long as they comply with the eligibility provisions as outlined in the Employment Standards Act, 2000. Any type of leave taken requires the employee to provide notice to his/her supervisor.

For more information about a leave, please discuss with your supervisor or the Human Resources Department. Further Information can be found at https://www.ontario.ca/document/your-guide-employment-standards-act

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