July 1, 2016 to June 30, 2019
1. Leave During Pre-Tenure Period
2. Study Leave
3. Leave for Improving Basic Qualifications
4. Leave Without Pay or Benefits
5. Leave at the Request of the University
6. Maternity and Parental Leave
7. Leave in Special Circumstances
Letter of Understanding: Maternity/Parental Leaves (Supplemental Unemployment Benefits)
The primary purpose of granting leave of absence to members of faculty, including librarians and program directors, is to enable them to enhance their quality as scholars and as teachers, thereby assisting the University to achieve greater excellence in its basic areas of responsibility – effective teaching and the advancement of learning. However, leave may be granted for other purposes.
While it is recognized that members should be as free as possible to pursue their scholarly interests, it is recognized also that they share the responsibility for efficient operation of the University. Arrangements for leave of absence should be consistent both with the freedom of the individual and with his/her University responsibilities.
Members granted leave of absence should contact Payroll and make arrangements for the continuation of any benefit programs for which they may be eligible during their absence.
Members on reduced appointments are eligible to apply for leaves in accordance with University policies and the relevant Conditions of Appointment.
1.01 Any leave granted to a member of faculty on a pre-tenure appointment will not extend beyond the date of termination of his/her appointment.
1.02 Except in the case of maternity or parental leave any period of leave taken during a pre-tenure appointment shall be included in the years of service in that pre-tenure appointment.
1.03 When a member of faculty on a pre-tenure appointment is granted maternity leave, the length of the pre-tenure appointment shall be extended by one year, unless the faculty member informs the Head in writing that she or he does not wish the pre-tenure period extended.
When a faculty member on a pre-tenure appointment becomes a parent by birth or by adoption, in the child’s first year in the household, he or she will be granted an extension of the tenure clock for one year upon request. It is the responsibility of the member to notify the Head in writing of the change in the faculty member’s family status and request the extension at the earliest possible date but no later than 6 months after the faculty member becomes a parent.
1.04 If a faculty member is unable to perform his/her duties because of illness or injury the Parties agree to consider whether, in the circumstance of each case, the period of a pre-tenure appointment should be extended.
2.01 Study leave permits a member of faculty to pursue study or research, of benefit to the individual and the University. Senior Instructors, Assistant Professors, Associate Professors, Professors, Professors of Teaching, Librarians and Program Directors are eligible to apply for study leave under the following conditions:
a) Before being granted a study leave an individual shall have completed at this University, since appointment or previous study leave, four or more years of full-time service in pre-tenure appointments or tenured appointments of which at least one year shall have been in an eligible rank. Where a member takes sick, maternity and/or parental leave, up to six (6) months of each leave will be considered full-time service for the purpose of study leave eligibility. Preference will be given to members of faculty with tenure. An individual who is refused study leave for administrative reasons shall be given priority in consideration of applications for study leave in the following year.
b) For study leave, the qualifying period for members on reduced appointments is the same number of calendar years of service as full time members. Salary during study leave is computed as the percentage of full time service worked in the four or six years immediately preceding the leave multiplied by the percentage of study leave salary applicable.
2.02 Study leave may be granted for the following terms:
a) For twelve months, either from July 1, September 1, or January 1, with 60% of salary for the period of study leave if it is taken before six years of full-time service since appointment or previous study leave, and with 80% of salary otherwise; or
b) For eight months, either from January 1 to August 31 or from May 1 to December 31, with 75% of salary for the period of the study leave; or
c) For six months, either from January 1 to June 30 or from July 1 to December 31, with 75% of salary for the period of the study leave if it is taken before six years of full-time service since appointment or previous study leave, and with 90% of salary otherwise.
2.03 Where it is shown to be to the advantage of the faculty member and the University, a faculty member who qualifies for leave of twelve months may, subject to the approval of the Head and Dean, be permitted to divide the leave of twelve months into two parts of six months (either from July 1 or January 1). The second part of the leave may be delayed for no more than two years from the conclusion of the first part (to be taken either from July 1 or January 1). In such cases, for the purpose of calculating when an individual becomes eligible to apply for further study leave, the following shall apply:
a) If the time agreed upon for the delayed six-month leave is postponed at the request of the individual, the leave shall be deemed to have ended and full-time service to have resumed at the conclusion of the second six-month period of leave.
b) If the time agreed upon for the delayed six-month leave is postponed at the request of the University, the leave shall be deemed to have ended and full-time service to have resumed at the time when the delayed leave would have ended had it not been postponed.
2.04 The percentage of salary to be paid by the University during study leave applies only to that portion of salary that derives from University funds and not to the portion of salary that derives from non-University grantors or agencies. An individual, however, may make appropriate arrangements with these grantors or agencies concerning the portion of salary paid by them.
2.05 The University shall pay its full contribution to pension and other fringe benefits of the individual on study leave provided that the individual continues to pay his/her own contributions.
2.06 An individual going on study leave shall report to the Head, Director or Dean the nature and amount of fellowships, grants and other outside support to be received by the individual in order to supplement the remuneration to be received from the University. If the individual’s total remuneration from the University and from the support indicated above (excluding grants and allowances to cover research and travel expenses) exceeds 100% of normal full salary, then the University may reduce its contribution until the total remuneration received is 100% of normal full salary.
2.07 An applicant for study leave shall give an undertaking to return to the University for a period of one year upon the expiration of the leave.
2.08 An application for study leave shall be submitted on the Study Leave Application Form. It shall be presented to the Head, Director or Dean sufficiently in advance of the time leave is to be taken that it can be adequately evaluated by the Department and the Faculty. It shall be accompanied by a statement giving the details of the proposed plan for the leave.
2.09 The individual shall, so far as is reasonable, follow the plan approved for study leave. If substantial modifications are contemplated, the Head, Director or Dean shall be notified. If such modifications are incompatible with the carrying out of the approved plan, the consent of the Head, Director or Dean shall be required.
2.10 On returning from study leave, the individual shall report in writing to the Head, Director, or Dean on activities and progress during the study leave. In appropriate cases an alternative form of reporting may be agreed upon by the individual and the Head or Director but it shall require the approval of the Dean.
2.11 Cancellation of a study leave once granted shall not normally be permitted after January 15 immediately preceding the year starting on May 1 during which the leave is to be taken or after three weeks from the date the individual is notified by the University that the leave has been approved, whichever is the later.
2.12 The recommendations concerning study leave by the Head of the applicant’s Department and the Dean of the Faculty shall be accompanied by an assessment of the effect of the award of the leave on the budget and teaching functions of the Department and the Faculty.
2.13 Recommendations in favour of granting study leaves to be taken during the year starting on May 1 shall be sent to the President by the Deans with their recommendations not later than the February 1 immediately preceding.
3.01 If a member of the full-time teaching staff is granted leave to improve his/her basic qualifications, the University, while usually not contributing to his/her salary, will make its normal payments to his/her pension and fringe benefits, subject to the individual’s contributing his/her share.
3.02 Arrangements should be made by the Department Head or Director in consultation with the Dean and will be subject to approval by the President.
4.01 Leave without pay or benefits may be granted by the President, on the recommendation of the Dean. Normally such leave is granted for a period not exceeding two years.
4.02 An individual taking leave without pay or benefits may elect to pay the full amount of the University’s and his or her contributions to pensions and fringe benefits.
4.03 An individual taking leave to accept a paid assignment should ensure that his or her prospective employer contributes, in addition to salary, an amount sufficient to cover pension and fringe benefits; only in those cases where the project is of unusual significance will the University contribute its share of these expenses, and then only if the member contributes his/her share. When an individual is planning to leave to accept a position as a visiting faculty member at another university, he or she should consult with the Dean as to the most appropriate arrangement for the payment of fringe and pension benefits.
5.01 If a full-time member of the teaching staff is requested by the University to take leave of absence to carry on special studies or research, the terms of leave will be arranged through the Head or Director and the Dean and forwarded to the President for his/her approval.
5.02 Absence from the campus to conduct field instruction or official business at the request of the Head or Director, or of the Dean, does not require a request for leave.
6.01 If a faculty member is eligible for, applies for and receives Employment Insurance (EI) maternity leave payments for up to 15 weeks, UBC will top up the salary through the Supplemental Employment Benefits (SEB) plan for the duration of the maternity leave to 95% of pre-maternity leave salary. In addition to these 15 weeks, UBC will pay 95% of pre-maternity leave salary during the 2-week waiting period imposed by EI regulations.
6.02 If a faculty member is eligible for, applies for and receives EI parental leave payments for up to 35 weeks, UBC will top up the salary through the SEB plan for a maximum of 10 weeks to 95% of pre-parental leave salary. In addition to these 10 weeks, UBC will pay 95% of pre-parental leave salary during the 2-week waiting period, if not previously served.
6.03 Birth mothers are eligible for both maternity and parental leave; for example, if a birth mother combines the 15 weeks of maternity leave and 10 weeks of parental leave, she is eligible for 25 weeks of SEB benefits in addition to the 95% top-up for the 2 week waiting period for a total of 27 weeks.
6.04 Adoptive parents and the partner or spouse of a birth mother are eligible for parental leave. The benefits shall be available in the case of same sex partners.
6.05 The timing of the commencement of the leave of absence shall be at the discretion of the faculty member, provided that reasonable notice is given to the University.
6.06 Additional parental leave, without UBC SEB top-up, may be available as per the Employment Standards Act.
7.01 Leave of absence up to four months, with full salary and benefits, may be granted by the President, on the recommendation of the Dean.
8.01 The normal vacation should be arranged informally between a faculty member and the Head or Director.
9.01 If a faculty member has a claim against a third party for lost wages or benefits, the University shall be entitled to recover costs of lost wages or benefits paid by the University to the faculty member, from the third party.
9.02 No faculty member shall be required to take legal action to recover lost wages or other damages from any person. However, the faculty member shall be required to turn over to the University any monies received, directly or indirectly, from a third party as a result of a claim for lost wages and/or benefits, excluding interest, where the monies received reasonably include sick pay paid by the University to the faculty member, or any other monies paid. This includes global settlements or payments which do not specify but reasonably include lost wages and/or benefits.
9.03 If a faculty member takes legal action against a third party, the faculty member must, as part of any claim, seek damages for all lost wages and benefits that have been paid to the faculty member by the University.
9.04 Upon commencement of any legal action the faculty member shall advise the third party about the University’s subrogation rights and provide a copy of this article to the third party.
9.05 The University’s recovery shall be net of reasonable legal fees incurred by the faculty member.
Because, effective January 1, 2017, legislative changes to the Employment Insurance Act impact maternity and parental leaves, waiting periods, and supplemental top ups outlined in this collective agreement, the parties agree to the position set out in the Senior Manager, Health, Wellbeing & Benefit’s email to Executive Director, Faculty Association dated December 19, 2016.
For the term of the current collective agreement, Supplemental Employment Benefits shall continue to be paid up to 95% of salary during the second week of leave in addition to the EI benefit as allowed under the Employment Insurance Act and Regulations.