Part 4

Part 4

Article 43 — Study Leave: Faculty

 

43.1 Study leave is provided to Faculty Members, holding the ranks of Assistant Professor, Associate Professor or Professor with tenure or eligibility for tenure, to enable them to engage in research, scholarly, and creative activities. It is provided to Assistant Teaching Professors, Associate Teaching Professors and Teaching Professors to enable them to engage in activities that will enhance the Faculty Member’s teaching performance as defined in section 19, and thereby assist the University to achieve greater excellence in the areas of effective teaching and the advancement of learning. Its purpose is to provide an extended period of time, uninterrupted by teaching and administrative responsibilities, for Faculty Members to enhance and increase their knowledge, expertise or teaching effectiveness in their respective academic disciplines.

43.2 Faculty Members who are on study leave will not serve on University, Faculty, or departmental committees without the approval of the Faculty Member’s Dean.

43.3 Study leave is not granted automatically and approval will be contingent on the merits of an application for study leave.

43.4 October 1 is the deadline for an eligible Faculty Member to submit an application for study leave to the Chair of the Faculty Member’s Department for a study leave that will commence in the academic year following the year in which the application is made.

43.5 Faculty Members who apply for study leave by October 1 will be notified by January 31 whether the application has been approved.

Deferral of Study Leave

43.6 The Parties recognize the importance of maintaining academic programs at a level that will enable students to complete the requirements of their respective degree programs. The University has the right to defer a Faculty Member’s study leave in order to fulfill the Unit’s teaching commitments and graduate student supervision obligations. The number of consecutive deferrals of an approved study leave is limited to one unless the Faculty Member otherwise agrees.

43.7 Where a Faculty Member’s approved study leave is deferred at the University’s request, the period of deferral counts as eligible service toward a study leave that follows the deferred study leave. The approval of this study leave will be valid so long as the University continues to defer the study leave.

Approval Process

43.8 The Chair or, in the case of a Faculty without departments, an Associate Dean will review each
application for study leave and make a recommendation to the Dean that includes:

43.8.1 an assessment of the merit of the Faculty Member’s proposed research, scholarly, or creative activities or of the other activities or projects to fulfill the purposes for which study leave is granted under section 43.1;

43.8.2 confirmation that a Faculty Member’s proposed arrangements with regard to any use of space or facilities at the University or at other institutions are suitable;

43.8.3 where the applicant has previously been granted a study leave at the University: confirmation of whether or not the applicant submitted a study leave report upon the completion of the study leave; a brief comment on the research, scholarly or creative activity or activities to enhance teaching, as appropriate, that were undertaken during the Faculty Member’s last study leave; a brief assessment of the Faculty Member’s scholarly achievements, teaching performance and other contributions as appropriate to the Faculty Member’s duties and responsibilities since the Faculty Member’s last study leave;

43.8.4 an assessment of the Academic Unit’s ability to fulfill adequately its academic responsibilities during the period of the Faculty Member’s study leave; and

43.8.5 confirmation that suitable arrangements will be made for the supervision of graduate students who are being supervised by the Faculty Member.

43.9 Applications for study leave are considered by the Dean who determines whether an application will be approved after determining whether the Faculty Member satisfies the eligibility requirements for a study leave, and considering the recommendations of the Chair or the Associate Dean.

43.10 In calculating the number of years of service in the employment of the University for the purpose of determining a Faculty Member’s eligibility for study leave, the following periods are not counted as eligible years of service:

43.10.1 leave without salary;

43.10.2 study leave;

43.10.3 administrative leave;

43.10.4 political leave;

43.10.5 compassionate leave without salary;

43.10.6 any period when the Faculty Member is on long-term disability;

43.10.7 any period prior to the Faculty Member’s last study leave other than as defined in section 43.7 or 43.11;

43.10.8 any period that the Faculty Member held an appointment at another academic institution unless the credit for such service is expressly granted in the Faculty Member’s Notice of Appointment; and

43.10.9 any period that is counted as service for an administrative leave.

43.11 Where a Faculty Member is granted study leave, and the number of years of eligible service prior to the leave exceeds the required period of service, the Faculty Member may apply the unused years, to a 2-year maximum, to the next study leave.

Return to Work from Leave

43.12 Faculty Members who take a study leave are under an obligation to return to the University for a period of time that is equal to the length of the study leave.

43.13 A Faculty Member who does not fulfill this obligation to return to the University is in breach of contract with the University and will be required to repay 50% of the net salary paid to the Faculty Member during the period of leave, unless the University expressly releases the Faculty Member from this obligation.

Duration of Leaves

43.14 Based on years of service in the employment of the University since the completion of the Faculty Member’s last study leave, or since the date of appointment where the Member has not previously had a study leave, a Faculty Member will be eligible for:

43.14.1 a half study leave after a minimum of three years of service (which means four months for Assistant Teaching Professors, Associate Teaching Professors and Teaching Professors, and six months for other Faculty Members); or

43.14.2 a full study leave after a minimum of six years of service (which means eight months for Assistant Teaching Professors, Associate Teaching Professors and Teaching Professors, and twelve months for other Faculty Members).

43.15 A full study leave (eight months) will release an Assistant Teaching Professor, Associate Teaching Professor or Teaching Professor from a whole number of courses to a maximum of 3/4 of the Member’s annual teaching assignment as specified by the Departmental Standard for the Distribution of Duties and Responsibilities, prorated by average individual FTE level over the period of eligible service, plus up to one additional course release as described in section 43.17. For a Member appointed at 1.0 FTE, extra-to-load teaching will not be counted in computing the average.

43.16 A half study leave will release an Assistant Teaching Professor, Associate Teaching Professor or Teaching Professor from a whole number of courses to a maximum of 3/8 of the Member’s annual teaching assignment determined as in section 43.15.

43.17 Any fractional courses arising from determining 3/4 of an Assistant Teaching Professor’s, Associate Teaching Professor’s or Teaching Professor’s average annual teaching assignment in the case of an eight-month leave, or determining 3/8 of the average annual teaching assignment in the case of a four-month leave, will be treated as carry forward credit. Should the carry forward credit including that from the period of eligibility for the current leave exceed 1, the Member will be entitled to release from one course in addition to that determined under sections 43.15 and 43.16. Any residual carry forward credit will be retained.

43.18 Based on the terms of the Artist-in-Residence’s appointment, an Artist-in-Residence is eligible for study leave on the same terms and conditions of an Assistant Professor or of an Assistant Teaching Professor.

43.19 A Faculty Member with a part-time appointment is eligible for study leave of the same duration as for a Faculty Member with a full-time appointment, and is eligible to receive study leave after the same period of service as a Member with a full-time appointment.

Compensation While on Leave

43.20 A Faculty Member on study leave will receive salary based upon the following table for a 1.0 FTE salary:

Position Tenure-Track or Tenured (except Teaching Professor) Tenured (except Teaching Professor) Tenured (except Teaching Professor) Teaching (Assistant, Associate, Professor) Teaching (Assistant, Associate, Professor)
Length of qualifying period 3 years 6 years 6 years 3 years 6 years
Length of leave 6 months 6 months 12 months 4 months 8 months
Salary support formula (1.0 FTE) 2/3 of salary if not on leave + 3/10 x $60,000 2/3 of salary if not on leave + 4/10 x $60,000 2/3 of salary if not on leave + 7/20 x $60,000 2/3 of salary if not on leave + 3/10 x $60,000 2/3 of salary if not on leave + 3/10 x $60,000

43.21 A Member with a part-time appointment will receive remuneration pro-rated in accordance with the part-time Faculty Member’s percentage of full-time service during the qualifying period.

43.22 The University and the Faculty Member will continue to contribute fully to pension and personnel benefits in the same manner as if the Faculty Member were not on study leave.

43.23 If a Faculty Member’s salary is increased during the period of study leave, the effect of the increase will be reflected in the remaining portion of the study leave salary.

43.24 Prior to the salary adjustment review immediately following the completion of a study leave, a Faculty Member must submit a study leave report to the Faculty Member’s Chair, with a copy to the Dean. The report must include whether activities undertaken during the study leave varied from the approved study leave application and, if so, the nature of the variation.

43.25 The study leave report submitted by an Assistant Professor, Associate Professor or Professor, either with tenure or with eligibility for tenure, must provide an account of the research, scholarly and creative activities undertaken during the study leave, and must comment on how the Faculty Member expects the research, scholarly and creative activities undertaken during the study leave will contribute to or enhance one or more of the Faculty Member’s research, scholarly publications or creative works, or teaching effectiveness.

43.26 The study leave report submitted by an Assistant Teaching Professor, Associate Teaching Professor or Teaching Professor must provide an account of the activities undertaken during the study leave and must comment on how the Faculty Member expects those activities will contribute to or enhance the Faculty Member’s effective teaching and the advancement of learning at the University.

Conditions of Leave

43.27 Any significant modification to a study leave project that has been approved by the Dean must be approved by the Faculty Member’s Dean on recommendation from the Faculty Member’s Chair or, in a Faculty without Departments, the Associate Dean.

43.28 For Assistant Teaching Professors, Associate Teaching Professors and Teaching Professors, a study leave will commence on September 1, January 1, or May 1. For all other Faculty Members, a study leave will commence on either July 1 or January 1. With the approval of the Dean, study leave may commence on another date.

43.29 During a period of study leave, a Faculty Member with a full-time appointment continues to be a full-time employee of the University and is expected to devote their time to the purposes for which study leave is granted. A Faculty Member remains subject to the sections of this Agreement on conflict of commitment and external professional activities.

43.30 A Faculty Member who provides instruction or other services at another post-secondary institution during study leave, while complying with section 60, may receive remuneration.

43.31 A Faculty Member may not accept remuneration or enter into an employment relationship with another employer that is incompatible with the conflict of commitment provisions of this Agreement (section 60) or the policies that apply to a Faculty Member who is not on study leave. Any exception to this restriction must be consistent with the purposes for which study leave is provided and requires the prior written approval of the Vice-President Academic and Provost.

43.32 If, during study leave, a Faculty Member whose service over the qualifying period was 1 FTE receives remuneration that, taken together with their salary during study leave, equals more than 125% of the Faculty Member’s regular salary for the period, the Faculty Member must disclose in writing to the Dean the nature and extent of the activities from which the remuneration was derived.

43.33 A Faculty Member on study leave continues to be an employee of the University with FTE consistent with the percentage of full-time service over the qualifying period and remains subject to this Agreement and all current University policies including those governing personnel benefits.

Study Leave and Administrative Leave

43.34 When a Faculty Member is appointed to an administrative position within the University, any study leave eligibility that the Faculty Member has accumulated prior to the commencement of the administrative appointment is deferred until completion of the term of appointment and any reappointment, and may be counted toward eligibility for a future study leave.

43.35 If a Faculty Member who is appointed to an administrative position within the University does not acquire a sufficient number of years of eligible service to become eligible for an administrative leave, those years of administrative service to the University are regarded as years of eligible service toward a study leave.

Study Leave and Long-term Disability

43.36 A Faculty Member may not apply for a study leave that will commence while the Faculty Member is on long-term disability (LTD) or that will commence during any return to work program under the LTD plan.

43.37 Subject to section 43.38, where a Faculty Member returns to work from LTD with a reduced FTE during a return to work period under the LTD plan, the period worked will count as eligible service accumulated toward study leave and, for purposes of computing salary on study leave, will be treated in accordance with section 43.21.

43.38 Where a Faculty Member returns to work from LTD with a reduced FTE during a return to work period which equals, exceeds, or is likely to equal or exceed one year, the Faculty Member may choose to count service accumulated during the return period proportionately to the size of the reduced FTE such that the Faculty Member will have served, over a longer period of time, the equivalent of the years served at the Faculty Member’s regular FTE that are required to be eligible for their next study leave. The Faculty Member’s salary during that study leave will be based upon the Faculty Member’s regular FTE salary.

43.39 A Faculty Member selecting the option identified in section 43.38 must notify the Dean in their application for Study Leave that the Faculty Member intends to count service accumulated during the return to work period under this section and show how the equivalent years of eligible service at the Faculty Member ’s regular FTE have been achieved.

 

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Article 44 — Study Leave: Librarians

 

44.1 Study leave is provided to eligible Librarians to enable them to engage in a professional project (which may include research, scholarship or registration in a course of study with regard to librarianship, archival studies or an academic or technical subject) for an extended period of time for the purpose of increasing knowledge related to the Librarian’s professional responsibilities, advancing academic librarianship, or enhancing the Librarian’s ability to meet changing needs in the Libraries.

44.2 Librarians who are on study leave will not serve on committees of the University or the Libraries without the approval of the University Librarian.

44.3 Study leave is not granted automatically and is subject to approval of an application for study leave.

44.4 An eligible Librarian will submit an application for study leave to the University Librarian not less than six months prior to the intended commencement of the study leave.

Approval Process for Librarian Study Leaves

44.5 The University Librarian will review each application for study leave and determine whether the study leave should be approved, based upon the following factors:

44.5.1 an assessment of whether the Librarian’s proposed professional project has merit;

44.5.2 confirmation that a Librarian’s proposed arrangements for any use of space or facilities at the University or another institution are suitable;

44.5.3 a brief assessment of the Librarian’s professional performance, scholarly and professional activities, and service since the Librarian’s last study leave;

44.5.4 an assessment of the ability of the Librarian’s unit to fulfill its service requirements during the period of the Librarian’s study leave; and

44.5.5 a determination of whether the Librarian satisfied the eligibility requirements.

Notification and Modification of a Study Leave Proposal

44.6 A Librarian who has applied for study leave will be notified in writing within one month of submitting the application to the University Librarian if the application has been denied. The decision to deny a study leave can be appealed in accordance with the procedure outlined in section 47. A successful applicant will be notified in writing within one month or as soon thereafter as is practical.

44.7 Any significant modification to a study leave proposal that has been approved by the University Librarian must be approved by the University Librarian.

Obligation to Return

44.8 A Librarian who takes a study leave is obliged to return to the University for a period of time that is not less than the length of the study leave.

44.9 A Librarian who does not fulfill this obligation to return to the University is in breach of contract with the University and will be required to repay 50% of the net salary paid to the Librarian during the period of leave, unless the University expressly releases the Librarian from this obligation.

Eligibility and Remuneration

44.10 A Librarian who has completed a minimum of three years’ continuous service at the University as a Librarian or who has completed a minimum of three years of continuous service since their last study leave will be entitled to study leave on the basis of three months study leave at 100% of the Librarian’s base salary.

44.11 A Librarian who has completed a minimum of six years’ continuous service at the University as a Librarian or who has completed a minimum of six years of continuous service since their last study leave will be entitled to study leave on the basis of six months study leave at 100% of the Librarian’s base salary.

44.12 In calculating the number of years of service at the University for the purpose of determining a Librarian’s eligibility for study leave, the following periods are not counted as eligible years of service:

44.12.1 leave without salary;

44.12.2 study leave;

44.12.3 political leave;

44.12.4 compassionate leave without salary;

44.12.5 any period when a Librarian is on LTD except periods on a return to work program as provided for in sections 44.24 – 44.26; and

44.12.6 any period prior to the Librarian’s last study leave, except as provided for in sections 44.13 and 44.23.

44.13 Where a Librarian is granted study leave under this section, and the number of years of eligible service prior to the leave exceeds the required number of years of service, the unused years, up to a 2-year maximum, may be counted as eligible service for the next study leave.

44.14 If a Librarian’s salary is increased during the period of study leave, the effect of the increase will be reflected in the remaining portion of the study leave.

44.15 The University and the Librarian will continue to contribute fully to the pension and personnel benefits as if the Librarian were not on study leave.

44.16 A Librarian on study leave continues to be an employee of the University and remains subject to this Agreement and all current University policies, including those governing conflict of commitment and personnel benefits.

44.17 During a period of study leave, a Librarian continues to be an employee of the University with FTE consistent with the percentage of full-time service over the qualifying period and is expected to devote the appropriate proportion of their time to the purposes for which study leave is granted. A Librarian remains subject to the sections of this Agreement on conflict of commitment and external professional activities.

44.18 A Librarian who spends part of their study leave at another institution and who is to provide instruction or other services may receive remuneration provided that the service does not compromise the purpose of the study leave as set out in section 44.1.

44.19 A Librarian may not accept remuneration or enter into an employment relationship with another employer that is incompatible with section 60 (Conflict of Commitment) or the policies that apply to a Librarian who is not on study leave. Any exception to this restriction must be consistent with University of Victoria and University of Victoria Faculty Association Collective Agreement August 2015 74 the purposes for which study leave is provided and requires the prior written approval of the Vice-President Academic and Provost.

44.20 If, during study leave, a Librarian whose service over the qualifying period was 1 FTE receives remuneration that, taken together with their salary during study leave, equals more than 125% of the Librarian’s regular salary for the period, the Librarian must disclose in writing to the University Librarian the nature and extent of the activities from which the remuneration was derived.

Study Leave Report

44.21 Within ninety days following the completion of a study leave, a Librarian must submit a study leave report to the University Librarian that provides an account of:

44.21.1 the research, scholarly activity, or professional project undertaken during the study leave; and

44.21.2 how the Librarian expects the research, scholarly activity, or professional project undertaken during the study leave will contribute to or enhance the Librarian’s ability to meet changing needs in the Libraries.

Deferment of Study Leave at the Request of University

44.22 The number of study leaves that can be taken in each year is contingent upon suitable arrangements being made within the University Libraries to fulfill the University Libraries’ service obligations during the period of study leave.

44.23 Where a Librarian is granted study leave by the University Librarian and such leave is subsequently deferred at the request of the University, the period of deferment may be counted as eligible service toward a study leave that follows the deferred leave. The approval of the deferred study leave by the University Librarian continues to be valid so long as the University continues to defer the study leave.

Study Leave and Long-term Disability

44.24 A Librarian may not apply for a study leave that will commence while the Librarian is on LTD or that will commence during any return to work program under the LTD plan.

44.25 Subject to section 44.26, where a Librarian returns to work from LTD with a reduced FTE during a return to work period under the LTD plan, the period worked will count as service toward study leave.

44.26 Where a Librarian returns to work from LTD with a reduced FTE during a return to work period which equals or exceeds, or is likely to equal or exceed, one year, the Librarian may choose to accumulate sufficient service such that they will have served, over a longer period of time, the equivalent of the years required to be eligible for study leave at the Librarian’s regular FTE. In that case:

44.26.1 The Librarian must notify the University Librarian in the application for study leave that the Librarian intends to accumulate service under this section and must explain how the equivalent service is to be established; and

44.26.2 If the Librarian’s study leave is approved, the Librarian’s salary during study leave will be the Librarian’s regular FTE salary.

Scholarly and Professional Activity Days

44.27 The University recognizes the desirability of allowing regular Librarians to designate fourteen days annually to pursue, inter alia, research in an academic subject, archival studies or librarianship; creative work; completion of relevant educational programs or courses; planning, implementing or participating in workshops or conferences; participation in scholarly, library or professional associations; and professional expertise used in service to the community at large. Procedures for scheduling these days are outlined in the Scholarly and Professional Activities Guidelines of the Libraries which will only be revised by mutual agreement between the University Librarian and the Librarians.

 

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Article 45 — Professional Development Leave: Academic Administrators

 

45.1 The purpose of professional development leave is to enable an Academic Administrator to engage in research and scholarship or to further their professional expertise through completion of a professional project.

45.2 Academic Administrators who have held the appointment for at least six years are eligible for one period of professional development leave, provided the required administrative duties of the Academic Administrator can be adequately provided for during the leave period.

45.3 The remuneration of the Academic Administrator on professional development leave will be 5.5% of the Academic Administrator’s basic annual salary for each year of continuous full-time employment since the later of the date at which the Academic Administrator was appointed or the end of the last professional development leave to a maximum of 66% of annual salary.

45.4 The length of leave may vary between four and eight months, subject to the approval of the Academic Administrator’s Dean or, where not appointed to a department, Line Authority.

45.5 The following sections apply to professional development leave, substituting “Academic Administrator” for “Librarian” and “Dean or Line Authority” for “University Librarian”: 44.2, 44.3, 44.4, 44.5, 44.12, 44.14, 44.15, 44.16, and 44.17-44.23 inclusive.

45.6 Notwithstanding the provisions of section 45.2 to 45.5 at the time of initial appointment, the University and the Academic Administrator may agree, where appropriate, that the Academic Administrator will be provided with study leave in lieu of professional development leave.

 

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Article 46 — Administrative Leave

 

46.1 Administrative leave is provided to Faculty Members who serve a single term of five years as a Chair of a Department. Where personal circumstances or requirements of their research program warrant, a Faculty Member serving a five-year term as Chair may apply to take a portion of the administrative leave, or to take a study leave based upon eligible years of service accrued prior to the commencement of the term as Chair, with the portion of the leave to commence any time after three years of their five-year term has been served. The Faculty Member must agree to return to the position as Chair to complete a full five years of service, excluding the portion of leave taken. It is also desirable that the portion of leave so taken commence on July 1, whenever possible.

46.2 The purpose of administrative leave is to enable eligible Faculty Members to renew themselves with regard to the resumption of their regular teaching, scholarly, research and creative activities.

46.3 Faculty Members who are on administrative leave will not serve on University, Faculty, or Departmental Committees without the approval of the Faculty Member’s Dean.

46.4 Administrative leave is not granted automatically and is subject to approval of an application for administrative leave.

46.5 October 1 is the deadline for an eligible Faculty Member to submit an application for administrative leave to the Dean of the Faculty Member’s Faculty for an administrative leave that will commence on July 1 or January 1 of the academic year following the year in which the application is made.

46.6 Applications for administrative leave are considered by the Vice-President Academic and Provost who determines whether an application will be recommended for approval after determining whether the Faculty Member satisfies the eligibility requirements for an administrative leave, and considering the recommendations of the Faculty Member’s Dean.

46.7 The remuneration of a Faculty Member on administrative leave will not be less than:

46.7.1 two-thirds (2/3) of the regular salary (not including any administrative stipend) the Faculty Member would have received had the Faculty Member not gone on administrative leave; and

46.7.2 seven-twentieths (7/20) of the floor of the Assistant Professor rank.

46.8 The Administration may change the remuneration of Faculty Members on administrative leave, provided the remuneration payable complies with section 46.7. Any such change is not subject to negotiation with the Association, nor will it be charged against any Agreement.

46.9 The following sections of this Agreement apply to administrative leaves with the substitution of administrative leave for study leave:

46.9.1 notification of approval;

46.9.2 obligation to return;

46.9.3 leave report;

46.9.4 modification of leave project after approval;

46.9.5 commencement of leave;

46.9.6 restrictions on supplementary employment during leave; and

46.9.7 continued application of University policies and benefits.

 

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Article 47 — Leave Appeal Procedures

 

47.1 The leave appeal procedures apply to the following types of leaves:

47.1.1 Study Leave: Faculty Members;

47.1.2 Study Leave: Librarians; and

47.1.3 Administrative Leave.

47.2 If the Dean or University Librarian declines to approve a leave application, they will give the Member written reasons for the decision that will accompany the notification of the decision.

47.3 By not later than 30 days after receiving notice from the Dean or University Librarian declining to approve a leave to which this section applies, the Member may appeal the denial of leave to the Vice-President Academic and Provost by sending a written notice of appeal to the Vice-President Academic and Provost who will decide the appeal in accordance with this section. A deferral of study leave by the University pursuant to section 43 or section 44 does not constitute a denial of leave and may not be appealed.

47.4 In an appeal under this section, the issue to be determined by the Vice-President Academic and Provost is whether a reasonable person could have made the decision of the Dean or University Librarian upon considering the Member’s leave application in the context of:

47.4.1 the purposes of leave; and

47.4.2 the recommendations of the Dean and the Chair or, in a Faculty without departments, the Associate Dean, or of the University Librarian.

47.5 After receiving written submissions from the appellant Member and the Dean or University Librarian, the Vice-President Academic and Provost will decide whether or not the appeal should be granted and will send copies of his or her decision to the President of the Faculty Association, the appellant Member and the Dean or University Librarian. The Faculty Association has the right to represent the Member in the appeal process.

47.6 The decision of the Vice-President Academic and Provost may be grieved by the Association under the provisions of section 59 of this Agreement.

 

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