Leaves

Introduction

The University provides a variety of leaves to librarians 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 Librarians (Article 29)

Purpose

Study/Research Leave is regarded as an essential means of enabling librarians to maintain and enhance their quality as scholars and professionals. Such leave enables the University to maintain and enhance excellence through the individual librarian's subsequent contributions to its learning, teaching, and research/scholarship programs. To satisfy the purpose of this leave, it is necessary that scholarly or professional objectives are being sought and that both research and study activities, whether singly or in combination, are consistent with these objectives.

Eligibility

Full-time librarians are eligible to apply for Study/Research Leave to commence after six (6) years of continuous service (or its equivalent) since appointment at the University of Guelph. Only librarians holding a Continuing Appointment may go on a Study/Research Leave.

A librarian with a Continuing Appointment holding a Reduced Workload Appointment or Part-time Appointment, in accordance with the provisions of Article 54, 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 throughout the remainder of this Article, adjusted to accommodate the Reduced Workload/Part-time Appointment.

Prior eligible service for leave with salary as a librarian at another university or acceptable institution may be counted in determining eligibility to apply for Study/Research Leave. Credit will be calculated on the basis of one (1) 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 University Librarian in the Letter of Appointment per Article 26: Librarian Appointments.

Following return from each Study/Research Leave, librarians with Continuing Appointment are entitled to apply for four (4) months Study/Research Leave after three (3) years of active employment, or for eight (8) months after six (6) years of active employment.

Librarians 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 Transition Leave after the term of Appointment) is equal to six (6) years. A librarian who has served in an Academic Administrative Appointment may claim one semester of credit for each year of service towards Study/Research Leave. A minimum of one (1) year must have elapsed between a Transition Leave and a Study/Research Leave, unless otherwise approved by the University Librarian and the Provost.

Application for Study/Research Leave

Application for Study/Research Leave must be submitted in writing by the librarian to the CAP Committee, after consultation with the person to whom he/she reports. 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:

a 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.

Study/Research Leave Decision Procedures

The CAP Committee will consider all written applications for Study/Research Leave as soon as practicable following their receipt. The CAP Committee will assess applications on the basis of their merit and their consonance with the stated goals of the Study/Research Leave. A librarian's record of using previous Study/Research Leave for scholarly purposes and the report from the previous Leave (where applicable) will be a component in the assessment of the application. The CAP Committee, through the chair, will make its recommendations to the University Librarian within twenty (20) days of receipt of the application.

The University Librarian will inform the librarian and the person to whom he/she reports, in writing, of his/her decision to approve or deny the leave within twenty (20) days of the receipt of the CAP recommendation. Reasons for denial, or for the need to delay the commencement of such a leave, if applicable, will also be given in the University Librarian’s letter. Under exceptional conditions determined by Library needs and priorities, and with the approval of the University Librarian, 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 from Leave had the Leave not been delayed. Under exceptional circumstances and with the approval of the University Librarian, the start date of a Librarian’s approved Study/Research Leave may be delayed for up to two (2) years. Any entitlement towards the next Leave accrued during such a delay is not jeopardized.

A librarian whose application for Study/Research Leave has not received approval from the University Librarian may appeal to the Provost. Appeals are restricted to consideration of the academic or professional 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 CAP Committee and University Librarian.

Duration of Study/Research Leave

Librarians who qualify under this Article may apply for a period of leave of four (4) or eight (8) months duration. A Study/Research Leave will include the annual vacation entitlement appropriate to the length of the Leave. Upon completion of a period of Study/Research Leave, the librarian will assume his/her regular academic and professional responsibilities.

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 Study/Research Leave, the manager and University Librarian, in consultation with the librarian, will be responsible for making any necessary administrative arrangements to enable the Leave.

Within sixty (60) days of the conclusion of the Leave period, the librarian will provide a written report describing what has been accomplished, in relation to the plan submitted. The report will be provided to the person to whom the librarian reports and be made available to the CAP Committee and University Librarian.

It is expected that the librarian will return to the University of Guelph for at least one year following a period of Study/Research Leave.

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Development Leave (Article 29)

Any librarian (with or without a Continuing Appointment) who expects to be taking on significantly different duties may apply for a Development Leave of one (1) to four (4) months for the purpose of acquiring knowledge and/or skills to enable him/her to perform the new duties better. Where appropriate, the Development Leave may extend an approved Study/Research Leave to a maximum of twelve (12) months.

An application for Leave must be made to the University Librarian, in writing, six (6) months prior to the expected start date of the Leave, and the Leave must be taken within six (6) months of commencing new duties. The University Librarian shall write to the librarian within twenty (20) days of application with his/her decision. The application will be assessed on its merits and consonance with the stated goals of the Leave. The decision of the University Librarian may be appealed to the Provost. The Provost shall notify the librarian and the University Librarian of his/her decision in writing, with reasons.

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Maternity and Parental Leaves (Article 43)

Eligibility and Application

Maternity and parental leaves are available to all librarians except those holding Contractually Limited appointments. Librarians 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 the University Librarian 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 librarian 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 librarian shall be entitled to up to seventeen (17) weeks of maternity leave as per the Employment Standards Act.

Parental Leave

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

Supplemental Income Benefit

Librarians 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 librarian shall provide appropriate documentation of the birth or adoption of a child and the receipt of EI benefits to Human Resources. A librarian 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 librarian 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 librarians 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 librarian. The same notification provisions apply to unpaid leave.

For those librarians 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 librarian is on unpaid parental leave on a normal cost-sharing arrangement.
Additional unpaid leave may be requested by a librarian under the provisions of Article 45: Leaves of Absence. Such request is made to the University Librarian or designate.

General Provisions

A librarian who has taken maternity and/or parental leave and/or unpaid parental leave will have academic decisions related to continuing appointment 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 librarian 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 librarian will return to employment at the University following a maternity and/or parental leave.
Upon return to work, a librarian 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)

Librarians 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 University Librarian. In all cases of Contractually Limited librarians, 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 librarian is on a Leave of Absence without pay, the University will not contribute towards the costs of benefits. The librarian 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 librarian to the University Librarian. The application shall describe the purpose and duration of the Leave. A librarian 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 librarian 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 University Librarian shall consult with the person to whom the librarian reports. The University Librarian 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, librarian 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 University Librarian or designate, at the request of the librarian. In the case of a librarian on a Continuing Appointment-track Appointment, a Leave of Absence beyond six (6) months will extend the Tenure-track/Continuing Appointment-track Appointment by a period of one year. Study/Research Leave credit shall not be earned during a Leave of Absence without pay.

A librarian, 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 librarian 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 librarian’s vacation entitlement shall be based on service during each Academic Year.

Vacation leave for librarians 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 librarian 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. Librarians 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 librarian 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 librarian chooses to work through all or part of his/her scheduled vacation period.

It is expected that a librarian will take his/her vacation in the year in which it is earned. A librarian 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 librarian 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 librarian 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.

Continuing-track/Continuing Librarians

A librarian who holds a Continuing-track or Continuing 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 librarian's return to work on a full-time basis from Sick Leave, the librarian is entitled to the unused portion of the original ninety (90) consecutive calendar day period of Sick Leave;
if a librarian 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 librarian during this ninety (90) consecutive calendar day period; or
if a librarian becomes ill or injured while on Study/Research Leave or Development Leave such that the Study/Research Leave or Development Leave cannot be completed, the librarian shall go on Sick Leave and the provisions of the Study/Research or Development Leave shall cease to apply. If 50% or more of the Leave is unable to be completed, the librarian may apply to the University Librarian for deferral of the Leave.

Contractually Limited Librarians

A contractually limited librarian 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 librarian's absence due to illness or injury continues beyond fifteen (15) days, the librarian will remain on Sick Leave, but without salary. Following an absence of greater than ninety (90) consecutive calendar days, the librarian may qualify for Long Term Disability as outlined in this Article. For continuation of benefits while on unpaid Sick Leave, the librarian shall pay both the University and Employee premiums.

Workplace Safety and Insurance Board (WSIB) Benefits

A librarian who holds a Continuing-track or Continuing 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 librarian continues to be entitled to such benefits after ninety (90) days, the librarian shall receive benefits directly from the WSIB.

A Contractually Limited librarian 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 librarian 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 librarian reports will inform Human Resources (Occupational Health and Wellness) as soon as possible of the absence due to illness or injury.

If a librarian's absence due to illness or injury continues beyond the ninety (90) consecutive calendar days of Sick Leave, the librarian 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 librarian who holds a Continuing-track or Continuing 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 librarian 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 librarian shall pay both the University and Employee premiums.

For Contractually Limited librarians, 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 librarian 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 librarian'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 librarian may require accommodation, the University may require documentation stating that the librarian 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 librarian is to return to work with restrictions, the University Librarian or designate, shall contact Occupational Health and Wellness before the librarian'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

Librarians requiring Family Medical Leave shall notify the University Librarian 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 librarian 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 librarian shall inform the University Librarian or designate, as soon as possible of the need to take such leave. A librarian may, subject to written approval by the University Librarian, receive pay during such leave under the terms of this Article. The University Librarian shall determine the appropriate duration of the Leave, to a maximum of ten (10) days, after consultation with the librarian. Such Leave will be with pay.

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Court Leave (Article 49)

Librarians 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 University Librarian or designate, as soon as possible after its receipt. They shall supply the University Librarian or designate with a copy of the summons.

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

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

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Political Leave (Article 50)

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

A librarian applying for leave under this Article shall give reasonable notice of his/her intention to stand for public office to the University Librarian.

A Continuing librarian 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 librarian is on Leave without pay, the University will not contribute towards the costs of benefits, including pension. The librarian may elect to pay the cost of benefits and/or pension contributions during the period of the Leave. The leave shall end when the librarian's first public office term expires or if the librarian successfully seeks subsequent terms of office. Any extension of leave beyond five (5) full years will be at the discretion of the Provost.

The librarian, upon making a request to the University Librarian 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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