Part 5

Part 5

Article 48 — Stopping the Clock

 

48.1 The date by which a Faculty Member must be considered for reappointment or tenure, or a Librarian for a confirmed regular appointment, is automatically deferred for one year if, in any of the years preceding the deadline or in the year in which the case must be considered, the Member has been granted maternity, parental or adoption leave, special leave, sick leave or long-term disability or any combination thereof for 15 weeks or more. If the total number of weeks for which the Member has been granted maternity, parental, or adoption leave, special leave, sick leave or LTD or any combination thereof exceeds 52 weeks then the total deferral will be: two years for more than 52 and up to 104 weeks; three years for more than 104 and up to 156 weeks; and four years for more than 156 weeks.

48.2 Where a Member whose teaching or scholarship, or service and professional activities have been adversely affected to a significant degree by illness, injury, disability, family responsibilities or personal circumstances:

48.2.1 A Faculty Member may apply in writing to the Dean of the Faculty to defer consideration for reappointment or tenure; and

48.2.2 A Librarian on probationary status may apply in writing to the University Librarian to defer consideration for a confirmed Regular appointment.

48.3 The Vice-President Academic and Provost, in consultation with the Dean (in the case of a Faculty Member) or the University Librarian (in the case of a Librarian) may grant a deferral for a specified period.

48.4 Except as provided in sections 48.1, 48.2, and 48.3, periods of leave count as regular service in determining the time when a Faculty Member must be considered for reappointment or tenure.

48.5 When a Member is on LTD, the period of time on LTD is not counted in the calculation of time with regard to when a Member is considered for reappointment, tenure, or the removal of probationary status.

 

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Article 49 — Maternity, Parental and Adoption Leave

 

49.1 This section applies to the following categories of Members who are referred in this section as “Eligible Members”:

49.1.1 Faculty Members who hold a regular academic appointment;

49.1.2 Artists-in-Residence;

49.1.3 Regular Librarians;

49.1.4 Academic Administrators.

49.2 University supplementary top-up benefits described in this section are contingent on the Member applying for the maximum Employment Insurance (“EI”) benefits available to the Member under the Canada Employment Insurance Act, and all leaves are subject to the provisions and regulations of both the BC Employment Standards Act and the Canada Employment Insurance Act. The relationship between University supplementary top-up benefits and EI benefits is described in section 49.4.

Maternity and Parental Leave: Birth Mother

49.3 An Eligible Member who is the birth mother of a newborn child is entitled to the following types of leave and supplementary top-up benefits.

49.4 The birth mother is entitled to 17 consecutive weeks maternity leave of absence from the University. The leave can commence up to 11 weeks before the expected birth date, but no later than the actual birth date.

49.4.1 During the first two weeks of leave (which is the waiting period for Employment Insurance benefits) the University will pay the Eligible Member a University supplementary top-up benefit equal to 95% of her regular salary, providing the Member has made application for EI maternity benefits.

49.4.2 During the remainder of maternity leave, to a maximum of 15 weeks, the University will pay the Eligible Member a University supplementary top-up benefit equal to 95% of her regular salary, less any amount of EI maternity leave benefits for which the Member is eligible.

49.4.3 Further unpaid maternity leave of up to six consecutive weeks will be granted where the birth mother is unable to return to work for reasons related to the birth, as certified by a qualified medical practitioner.

49.5 The birth mother is entitled to 35 consecutive weeks parental leave of absence from the University beginning immediately after the end of the maternity leave.

49.5.1 During the first 18 weeks of parental leave the University will pay the birth mother a University supplementary top-up benefit equal to 95% of her regular salary, less any amount of EI parental benefits for which the Member is eligible.

49.5.2 The remaining 17 weeks of parental leave are without pay from the University, however the birth mother may be eligible for continued Employment Insurance parental benefits during this period.

49.5.3 In special cases where a child has a physical, psychological or emotional condition certified by a qualified medical practitioner and requires an additional period of parental care, parental leave without pay may be provided for up to five additional weeks beginning immediately after the end of the parental leave.

49.6 The birth mother and co-parent as defined in section 49.8 can share the 35 weeks of EI parental benefits. Where the co-parent is also an Eligible Member, the birth mother may assign one or more weeks of the 18-week University supplementary top-up benefit to the co-parent, providing the co-parent also applies for the EI parental benefits during this period.

49.7 The total number of weeks of maternity leave with a University supplementary top-up benefit, parental leave with a University supplementary top-up benefit, and parental leave without pay for a birth mother is limited to 52 weeks, unless extended under sections 49.4.3 and 49.5.3.

Parental Leave: Co-Parent

49.8 For the purposes of this section, “co-parent” means the birth father of a newborn child or another person who is recognized by the birth mother of a newborn child as her life partner and who will act as a parent in relation to the child, but excludes an adoptive parent. An Eligible Member who is the co-parent of a newborn child is entitled to the following types of leave and supplementary top-up benefits.

49.9 The co-parent is entitled to 37 consecutive weeks parental leave of absence from the University that may be taken anytime within one year of the birth.

49.9.1 Where the birth mother is not an Eligible Member, or where the birth mother has assigned all of her parental University supplementary top-up benefits to the co-parent under section 49.6, then during a period not exceeding the first 18 weeks of parental leave benefits, the University will pay the co-parent a University supplementary top-up benefit equal to 95% of her or his regular salary, less any amount of EI parental leave benefits for which the Member is eligible.

49.9.2 Where the birth mother is an Eligible Member and she assigns a portion of the parental University supplementary top-up benefits to the co-parent under section 49.6, then for the portion of the 18 weeks assigned, the University will pay the co-parent a University supplementary top-up benefit equal to 95% of his or her regular salary, less any amount of EI parental leave benefits for which the Member is eligible.

49.10 Where the birth mother is an Eligible Member who has opted to take all of the parental University supplementary top-up benefit herself, then any parental leave of absence taken by the co-parent will be without pay for a maximum period of 37 weeks within the 52 weeks after the child’s birth. In special cases where a child has a physical, psychological or emotional condition certified by a qualified medical practitioner and requires an additional period of parental care, parental leave without pay may be provided for up to five additional weeks beginning immediately after the end of the parental leave.

Adoption Leave

49.11 An Eligible Member who is a parent of a newly adopted child is entitled to the following leave and supplementary top-up benefits.

49.12 An adoptive parent is entitled to 37 consecutive weeks parental leave of absence from the University that may be taken anytime within one year after the child is placed with the parent.

49.12.1 During the first two weeks of leave (which is the waiting period for Employment Insurance benefits) the University will pay the Eligible Member a University supplementary top-up benefit equal to 95% of her or his regular salary, providing the Member has made application for EI parental leave benefits for a period of at least 18 weeks.

49.12.2 During the next 16 weeks parental leave the University will pay the Eligible Member a University supplementary top-up benefit equal to 95% of the Member’s regular salary, less any amount of EI parental benefits that the Member is eligible for.

49.13 Where both adoptive parents are Eligible Members, they may divide the 18 weeks of University supplementary top-up benefits provided in section 49.12. Where the parents share parental EI benefits, only one two-week waiting period must be served.

49.14 The remaining 19 weeks adoption leave of absence are without pay from the University to be taken within 52 weeks after the child is placed with the parent; however, an adoptive parent may be eligible for continued EI parental benefits during this period.

49.15 Additional adoption leave without pay may be provided for a maximum of five additional weeks, which can be taken in any combination before the commencement or after the end of adoption leave. This additional leave may not be unreasonably withheld.

Employment Insurance Act and Supplementary Top-Up Benefits

49.16 All University supplementary top-up benefits payable by the University under this section must in be accordance with the plan that has been filed by the University with Canada Employment and Social Development Canada pursuant to the Employment Insurance Act regulations. All payments by the University will commence when the Member provides proof that the Member is receiving Employment Insurance benefits, or that they are disqualified from Employment Insurance maternity or parental benefits because of an insufficient number of insurable weeks. The University supplementary top-up benefits are equal to 95% of regular salary, less the amount of EI maternity or parental benefits that the Member is receiving, or the amount of EI benefits that the Member would have received if the Member qualified for EI benefits. The Employment Insurance Commission cannot provide such proof until after the leave has commenced and the University has issued a Record of Employment form. Hence, University supplementary top-up benefits will be made retroactively. To avoid additional delays in qualifying for benefits, Members should obtain the Record of Employment form from the Payroll Section in Accounting as soon as it is available, and submit it to the Employment Insurance Office. If the amount of any EI benefits received by an Eligible Member is subsequently reassessed under either the Employment Insurance Act or the Income Tax Act, there is no recourse to the University with regard to any amount required to be repaid by the Member.

Personnel Benefit Programs

49.17 During any period of leave with University supplementary top-up benefits under this section, the Member is required to pay their share of the cost of personnel benefits programs in which the Member is enrolled during the full term of the leave. Likewise, the University will continue to pay its share of the cost of the personnel benefits program of the Member. During any periods of unpaid parental leave, the Member may continue any or all of the personnel benefits programs in which the Member is enrolled. The University will continue to pay its share of the cost of the benefits that the Member chooses to continue.

Further Leave of Another Type

49.18 An application for further leave without salary, sick leave (with regard to any medical complications related to the pregnancy, birth or termination of pregnancy), compassionate care leave, compassionate leave without salary, or special leave may be made prior to, during or after the maternity or parental leave periods. Any such application must be made in accordance with the provisions of the applicable section governing that type of leave.

49.19 The Member is expected to discuss the timing of parental leave with the Chair of their Department (University Librarian in the case of a Librarian).

 

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Article 50 — Leave Without Salary

 

50.1 There is no entitlement to leave without salary. Each application for leave without salary is considered on its individual merits in relation to the best interests of the University, its academic programs and students, as well as the academic interests of the Member where they relate to the University.

50.2 Normally, the period of leave without salary will not exceed one year; however, a leave without salary may be extended upon application.

50.3 An application for leave without salary is made to the Member’s Chair or, in the case of a Librarian, the University Librarian.

50.4 The Chair and the Dean (University Librarian in the case of Librarians) will review each application for leave without salary and make a recommendation to the Vice-President Academic and Provost.

50.5 Applications for leave without salary are considered by the Vice-President Academic and Provost who determines whether to recommend approval to the Board of Governors after considering the recommendations of the Chair and the Dean (University Librarian in the case of Librarians).

50.6 During a period of leave without salary, a Member does not receive any payment from the University by way of regular salary. Nevertheless, a Member on leave without salary may during such period hold an appointment as a sessional instructor with pay or may receive payment under another contractual arrangement with the University.

50.7 Salary adjustments with regard to a period of leave without salary are governed by this Agreement.

50.8 During a period of leave without salary, a Member may maintain their University pension and benefits plans by paying the total cost of the pension and benefit plans including the University’s normal contributions to the Member’s pension and benefit plans.

50.9 Where a Member is on leave without salary for an entire academic year, no funds are allocated to the Member’s Professional Expenses Reimbursement account for that academic year. Where a Member is on leave without salary for a portion of an academic year, the funds allocated to the Member’s Professional Expenses Reimbursement account for that academic year will be prorated accordingly.

50.10 A Member on leave without salary may not be reimbursed from Professional Expense Reimbursement funds for expenses incurred during the period of leave without salary.

50.11 A Member on leave without salary is not eligible to apply for any University research and travel grants where the funds will be expended during the period of leave without salary

 

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Article 51 — Sick Leave, Long-Term Disability and Return to Work

 

51.1 The provisions of this section and the provisions of section 52 will be interpreted to recognize the mutual interest shared by the Member and the University in promoting the health of the Member and in appropriately minimizing the adverse impact of the Member’s illness or disability on the Member’s career progress. Both parties share a mutual responsibility to cooperate in the processes set out in these sections.

51.2 Members are entitled to be accompanied by a Faculty Association representative to any meetings or informal discussions that take place in relation to processes or discussions arising from sections in this Agreement pertaining to sick leave, long-term disability, return to work and accommodation.

Eligibility for Sick Leave

51.3 Members holding appointments as Faculty Members holding regular academic appointments; Librarians holding regular Librarian appointments; Artists-in-Residence; and Academic Administrators are eligible for sick leave under this section and are collectively referred to in this section as “Eligible Member” or “Eligible Members”.

Commencement of Sick Leave, Salary and Benefits

51.4 When an Eligible Member becomes ill or disabled and is thereby unable to perform any of their employment duties and responsibilities, the Eligible Member must inform their Chair (University Librarian in the case of a Librarian) as soon as possible and provide suitable medical documentation.

51.5 Where sick leave is approved for an Eligible Member under this section, the Member will remain on full salary and benefits during the period of approved sick leave.

Approvals for Sick Leave Periods

51.6 Sick leave for the first week of an Eligible Member’s illness or disability may be approved by the Chair of the Eligible Member’s Department or the supervising Librarian in the case of a Librarian.

51.7 Where an Eligible Member’s inability to perform their duties and responsibilities because of illness or disability extends beyond one week and is likely to continue, sick leave for the remaining portion of the first month of an Eligible Member’s illness or disability may be approved, after consultation with the Department of Human Resources, by the Dean of the Eligible Member’s Faculty who will inform the Chair of the approval; or the University Librarian in the case of a Librarian.

51.8 Where an Eligible Member’s inability to perform their employment duties and responsibilities because of illness or disability extends beyond one month and is likely to continue, sick leave with pay for a further period of two months may be approved by the Dean of the Eligible Member’s Faculty who will inform the Chair of the approval; or the University Librarian in the case of a Librarian after consultation with the Department of Human Resources, and the Vice-President Academic and Provost.

51.9 Where an Eligible Member’s inability to perform their employment duties and responsibilities because of illness or disability extends beyond three months and is likely to continue, sick leave with pay for a further period of up to three months may be approved, by the Vice-President Academic and Provost after considering updated medical documentation.

51.10 The University will require an Eligible Member to provide medical reports to the University with regard to the Eligible Member’s illness or disability as a condition of continuing or extending sick leave. The University may require a medical report prepared by a physician or medical specialist nominated by the University.

51.11 Sick leave commences on the date when the illness or disability renders the Eligible Member unable to perform their employment duties and responsibilities. The University will require confirmation from the Eligible Member’s physician with regard to the date or probable date when the Member became unable to perform their employment duties and responsibilities.

Work During Sick Leave and Return to Work

51.12 The primary obligation of an Eligible Member on sick leave is to regain their health. Responsibility for reallocating the duties and responsibilities of an Eligible Member who has gone on sick leave rests with the Chair of the Department and with the supervising Librarian or the University Librarian in the Libraries. The Chair, Dean, supervising Librarian or University Librarian, as appropriate, may consult the Member regarding the reallocation of responsibilities if the Member’s health circumstances so permit. An Eligible Member on sick leave will not engage in teaching, participate as a member of any University committees or perform other employment-related duties or responsibilities. Nothing in this section prevents the Member and the Member’s Chair, Dean, supervising Librarian or the University Librarian, as appropriate, from engaging in discussions to facilitate planning the Member’s return to work when the Member’s health circumstances so permit.

51.13 Before an Eligible Member on sick leave resumes their duties and responsibilities, the University has the right to require a medical report by a physician that the Eligible Member is fit to resume the duties and responsibilities associated with the Eligible Member’s position.

Long-Term Disability

51.14 Long-term disability (LTD) benefits, if approved, will commence six months after the date an approved sick leave for the illness or disability begins.

51.15 If at the end of three months of sick leave, a medical opinion is provided to the University that the Member’s recovery from the illness or disability is unlikely within six months from the date of the commencement of sick leave, an Eligible Member must submit an application for LTD Insurance benefits to the Department of Human Resources who will forward the application to the insurance carrier and notify the Member’s Dean (University Librarian in the case of a Librarian) and the Vice-President Academic and Provost.

51.16 Where after six months of sick leave, an Eligible Member is totally unable to perform any of their employment duties and responsibilities because of illness or disability and full LTD benefits have been approved by the insurance carrier, the Human Resources Department will notify the Eligible Member, the Dean (University Librarian in the case of a Librarian) and the Vice-President Academic and Provost; and the Eligible Member will be placed on leave without pay as long as the full LTD benefits continue.

51.17 The primary obligation of an Eligible Member who is approved for LTD is to regain their health. An Eligible Member on long-term disability is on leave without pay from the University and will not engage in teaching, research, participate as a member of any University committees or perform other employment-related responsibilities.

51.18 If LTD is not approved by the insurance carrier, the Member must either return to work or, with the agreement of the University, the Member will be placed on leave without pay.

51.19 When recommended by the insurance carrier, an Eligible Member who has partially regained their health is obliged in accordance with the LTD contract with the insurance carrier to engage in a program of rehabilitation that may include partial resumption of employment duties and responsibilities.

51.20 LTD benefits, if approved, commence six months from the date that the Eligible Member becomes ill or disabled as confirmed by the Member’s physician.

Illness or Disability While on Leave

51.21 If an Eligible Member becomes ill or disabled while on leave without salary, political leave, compassionate leave without salary, or compassionate care leave the Member is not entitled to have the leave cancelled. Where it appears that the Eligible Member’s illness or disability may be protracted and continue beyond the period of the leave, the Eligible Member must notify the Chair (supervising Librarian or University Librarian in the case of a Librarian) to establish the date of the beginning of the illness or disability for the purpose of making an application for LTD benefits, should such an application become necessary. If the six months specified in sections 51.14-51.16 has not expired by the end of the period of leave, the Member will be placed on sick leave.

51.22 If an Eligible Member becomes ill or disabled while on study leave, or administrative leave, and it appears that the illness or disability may continue either for the remainder of the period of the leave or a period of two months or more (in case of a leave of six months or less) or a period of three months or more (in case of a leave of more than six months) the Member may apply to the Dean of the Faculty (University Librarian in the case of a Librarian) with supporting medical documentation to cancel the remainder of the leave and go on sick leave.

51.23 Where an Eligible Member became ill or disabled while on a study leave or administrative leave and the remainder of the leave was cancelled under section 51.22, the Eligible Member is entitled to a replacement study leave or administrative leave equal to the period of cancelled leave, provided that the Member can demonstrate that the Member has a viable project to pursue during the replacement leave. The Member will be entitled to a replacement leave as soon as practicable after the Member has returned to work, at a time scheduled in consultation with the Member’s Chair, supervising Librarian or the University Librarian, as appropriate. A Member may apply to the Chair, supervising Librarian, or the University Librarian as appropriate, to have this replacement Leave added to their next regular study leave.

Sick Leave After Normal Retirement Date

51.24 Eligible Members who work past their normal retirement date will be entitled to sick leave in accordance with the terms of section 51, including the limitation that no period of sick leave may extend for more than six consecutive months, subject to the limitations set out herein.

51.25 Paid sick leaves longer than one week will be tracked and will be limited to a total of six months in any two adjacent Academic Years. This means that when a Member requires sick leave, the Member’s entitlement to paid sick leave in that Academic Year will be calculated by subtracting from six months the number of months’ or part months’ tracked sick leave taken in the immediately preceding Academic Year.

51.26 Where the Member has been on LTD in the year in which the Member reaches their normal retirement date, any period of LTD in that year will be counted as tracked sick leave for the purposes of the calculation in section 51.25.

51.27 Where a Member past their normal retirement date has exhausted paid sick leave, the Member may take leave without salary for up to two years.

Return To Work After Long-Term Disability

51.28 When a Member returns to full-time work from a period of LTD, the Member’s salary will be adjusted in accordance with the Procedures of the Vice-President Academic and Provost Regarding Salary Adjustments After Long-term Disability, available on the web site for the Office of the Vice-President Academic and Provost.

 

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Article 52 — Special Leave

 

52.1 The purposes for which special leave may be granted include:

52.1.1 Where a person in the immediate family of a Member or the Member’s partner suffers a serious injury or illness that requires the Member to be absent from the University or renders the Member unable to perform their responsibilities, the Member may request special leave for compassionate reasons.

52.1.2 Where a person in the immediate family of a Member or the Member’s partner dies, the Member may request special leave for bereavement.

52.1.3 Special leave may be granted in circumstances where other forms of leave are not applicable.

52.2 Special leave is limited to two weeks and is with full salary and benefits. In exceptional circumstances, the Vice-President Academic and Provost may approve a leave longer than two weeks.

52.3 An application for special leave must be submitted to the Chair of the Member’s Department, or University Librarian in the case of a Librarian.

52.4 The Chair and subsequently the Dean, in the case of a Faculty Member, or the University Librarian in the case of a Librarian, will review each application for special leave and make a recommendation to the Vice- President Academic and Provost.

52.5 A Member on special leave may apply for a compassionate care leave, a compassionate leave without salary, or a leave without salary following the end of this initial leave.

52.6 Applications for special leave are considered by the Vice-President Academic and Provost who determines whether to approve the recommendation after considering the recommendations of the Chair and the Dean, or University Librarian in the case of Librarians.

 

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Article 53 — Compassionate Care Leave

 

53.1 A Member who is eligible to receive compassionate care leave, as designated in the Employment Standards Act (ESA) of British Columbia, or any successor legislation, is entitled to take eight (8) weeks’ leave, or to the maximum provided in the legislation, whichever is greater, to provide care or support to a family member who is at serious risk of death within 26 weeks.

53.2 The Member must provide the Dean or University Librarian with the medical certificate required by the ESA within a reasonable time.

53.3 Terms and conditions of employment of a Member on compassionate care leave will remain unchanged during the leave. Upon returning to work, the Member will be placed in the position that the Member held prior to the leave with no loss of rights or benefits, and will receive all upward salary adjustments that the Member would have received had the Member been present.

53.4 If due to compassionate care leave, the Member will miss a date for the biennial salary evaluation, the Chair or University Librarian will ask the Member if the Member wishes to participate in the evaluation. The Member has the option of submitting material for evaluation as required by the governing Evaluation Policy and being evaluated with the other Members of the unit. If the Member is not able to submit material for evaluation during the compassionate care leave, then the 2 MI that would have been allocated to the unit will be withheld pending the Member’s return. When the Member returns, the Member’s salary will be reviewed by the Dean or University Librarian who will recommend to the Vice-President Academic and Provost the appropriate award of CPI and MI, in accordance with the Faculty Evaluation Policy and section 63.18.

 

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Article 54 — Compassionate Leave without Salary

 

54.1 A compassionate leave without salary is intended to provide an unpaid leave for Members in difficult family or personal circumstances where no other form of leave applies, but the Member is temporarily unable to perform normal duties. It may follow a period of special leave or a compassionate care leave, or may arise independently.

54.2 A Member may apply for compassionate leave without salary through a written request to the Dean or University Librarian setting out the reasons for the leave. The Dean or University Librarian will forward the request to the Vice-President Academic and Provost together with a statement of how the unit will fulfill its responsibilities during the leave.

54.3 Compassionate leave without salary is granted for a fixed period of time up to 18 months unless otherwise agreed in writing. A Member on compassionate leave without salary has a right to return to the University prior to the expiration of the leave, given reasonable notice.

54.4 During a compassionate leave without salary, the University will not make any contributions to pension or benefit plans for the Member. The Member may opt to continue the benefit plans or pension contributions by paying the full amount of the premium or contributions.

54.5 A Member on compassionate leave without salary may during such period hold an appointment as a sessional instructor with pay or other contractual arrangement with the University.

54.6 Members on compassionate leave without salary will have access to University travel grants, research funds and professional expense reimbursement accounts in accordance with University rules and procedures. If a compassionate leave without salary extends over all or part of a research term, the Faculty Member has no entitlement to a replacement term.

54.7 If due to compassionate leave without salary, the Member will miss a date for the salary evaluation, the Chair or University Librarian will ask the Member if the Member wishes to participate in the evaluation. The Member has the option of submitting material for evaluation in accordance with the governing evaluation policy and being evaluated with the other Members of the unit.

54.8 If a Member decides not to participate in any salary evaluation process that occurs during a compassionate leave without salary, and the period of leave is less than twelve months, then the provisions of section 53.4 apply, with the provision that the period of compassionate leave without salary is not included within the evaluation window.

54.9 If a Member decides not to participate in any salary evaluation process that occurs during a compassionate leave without salary, and the period of leave extends for at least one year, then the Vice-President Academic and Provost will review the Member’s salary within two months of the Member’s return to the University and will adjust the Member’s salary by the amount of any basic adjustments given during the period of leave and also by an appropriate amount after taking into account the levels of salary for those with comparable years of experience within the Member’s unit, retroactive to the date of the Member’s return.

 

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Article 55 — Accommodation

 

55.1 The University has a legal duty to provide accommodation to Members with regard to matters that are governed by the British Columbia Human Rights Code unless it would cause undue hardship to the University to do so. This section will be interpreted in accordance with the principles set out in Policy HR6115 (Policy on Employment Accommodation) and in section 51, with the understanding that accommodations require the cooperation of the Member and the University in working together to achieve a reasonable outcome. The accommodation process will take into account both (a) the experience that Members with a disability, including chronic illness and conditions that fluctuate in severity, have regarding the specific forms of support that will allow them to best perform their duties and (b) relevant expertise, including medical expertise and expertise regarding workplace accommodation, in jointly determining appropriate accommodation. Members will be consulted in all decisions regarding their need for accommodation.

Initial Procedures

55.2 A Member who needs accommodation should first discuss their needs with the Chair of the Department, supervising Librarian or University Librarian, as appropriate.

55.3 All parties involved in planning for an accommodation must consult with the appropriate office within Human Resources and are encouraged to consult the Equity and Human Rights Office for advice and guidance.

55.4 An accommodation plan should spell out the specific accommodations required. The plan should make reference to any relevant sections of the Standard for the Distribution of Duties and Responsibilities of the unit. An accommodation plan should be worked out on a timely basis.

55.5 The Member has the responsibility to provide reasonable documentation to verify the need for accommodation and to assist the Chair of the Department, supervising Librarian or University Librarian, as appropriate, in identifying the accommodation needed. Reasonable documentation will normally be provided by an appropriate medical practitioner and, when necessary, by a medical expert in the field.

55.6 The duty to accommodate is a legal duty that falls upon the University as the Member’s employer. Financial support to cover the costs of an accommodation that has been agreed to by the University under the provisions of section 55 will be provided by the University. Members will not be denied accommodation on the grounds that funds are not available from within the existing budget of their unit.

Accommodations Requiring Modification of Terms and Conditions of Employment

55.7 Where the accommodation will represent a departure from the unit’s Standard for the Distribution of Duties and Responsibilities, the Faculty Evaluation Policy, or the Libraries Evaluation Policy, the accommodation must be approved by the Dean of the Faculty or the University Librarian, as appropriate.

55.8 Where the accommodation will represent a departure from the Agreement, the accommodation must be approved by the Vice-President Academic and Provost.

Record and Report of Accommodations

55.9 Where a plan for accommodation of a Member has been agreed to by the Member and the Member’s Chair, Dean, supervising Librarian or the University Librarian, as appropriate, Human Resources will maintain a record of the accommodation plan and will send written notification of all accommodation plans to the Equity Office with all identifying personal information removed.

55.10 All personal information regarding a Member and the Member’s accommodation plan will be treated in accordance with the University’s obligations under the Freedom of Information and Protection of Privacy Act and in accordance with the University’s Privacy Policy (GV0235).

55.11 The accommodation plan and any supporting documentation will be included in the Personnel File of the Member and is confidential as provided in sections 21.15 – 21.17 of the Agreement. If an accommodation granted represents a departure from the unit’s Standard of Duties and Responsibilities, the Faculty Evaluation Policy, the Libraries Evaluation Policy, or the Agreement, a statement of the accommodation granted will also be included in the Official Performance File of the Member. This statement will not include any reference to the nature of the disability or any supporting documentation, but is only for the purpose of notifying persons evaluating the Member’s performance that the accommodation has been made and that it will need to be taken into account in the evaluation process.

Disagreement

55.12 Where a Member and the Member’s Chair or supervising Librarian cannot agree to an accommodation plan, the disagreement will be referred to the Dean of the Faculty (Vice-President Academic and Provost in non-departmentalized Faculties) or the University Librarian, as appropriate. During any period of appeal, the University and the Member will continue to attempt to implement appropriate accommodation and to reach agreement. If agreement still is not reached between the Member and the Dean or University Librarian, the matter will be referred to the Vice-President Academic and Provost. These referrals will occur on a timely basis and all parties will act with dispatch in attempting to agree on a plan.

55.13 Where no accommodation plan has been agreed to after discussion with the Vice-President Academic and Provost, the Vice-President Academic and Provost will consult the President of the Faculty Association or designate to discuss whether the services of an independent consultant would assist in formulating a plan.

55.14 If the Vice-President Academic and Provost agrees that the matter should be referred to an independent consultant, the Vice-President Academic and Provost and the President of the Faculty Association will select the independent consultant by agreement. The independent consultant will as far as possible be a person with expert knowledge about functional limitations similar to those of the Member and workplace accommodations for persons with such limitations. The independent consultant will be asked to provide advice to the Vice-President Academic and Provost and the President of the Faculty Association as to one or both of the following:

55.14.1 whether the documentation provided is adequate to determine the appropriate level and type of accommodation; and

55.14.2 an assessment of whether the University is offering a plan that constitutes a reasonable accommodation plan in the case, including whether additional elements of the plan are required to adequately accommodate the Member.

55.15 The independent consultant may request that the Member consult a specialist selected by the independent consultant for another opinion. The cost of consulting the specialist will be paid by the University. The consultant may then take into account the opinion of the specialist, together with medical and other evidence, including that provided by the person seeking accommodation, in providing their advice.

55.16 The independent consultant will be paid by the University.

55.17 If the Vice-President Academic and Provost determines that the matter should not be referred to an outside consultant, or if an agreement on accommodation still cannot be reached after considering the advice of the independent consultant, the Vice-President Academic and Provost may decide that the accommodation will not be granted or will be granted only subject to certain conditions. This decision may be grieved by the Faculty Association and may be referred by the Association to arbitration within fifteen working days following notification of this decision. Arbitration will proceed in accordance with the provisions of section 59 of this Agreement.

 

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Article 56 — Leave for Jury and Witness Duty

 

56.1 The University will grant paid leave to Members, other than those on any form of leave without salary, who are required by law to serve as jurors in a court of law.

56.2 The University will grant paid leave to Members, other than those on any form of leave without salary, who are required by law to serve as witnesses in a court action or statutorily established tribunal, provided that such proceeding has not been initiated by the Member with regard to the Member’s private affairs.

56.3 Members who are granted paid leave by the University under this section are required to remit to the University any juror or witness fees that are received with regard to their attendance as a juror or witness.

56.4 In cases where a Member’s private affairs require the appearance of the Member before a court or a statutory tribunal, the University will grant leave without salary to the Member.

56.5 Where leave is required under this section, the Member will notify, as soon as possible, their Chair of the days when the Member is required to be in court.

 

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Article 57 — Political Leave

 

57.1 Where a Member is nominated as a candidate to be a Member of Parliament or a Member of the Legislative Assembly of British Columbia, and the Member applies for political leave, the University will grant the Member leave without salary for the period of the campaign extending from the issuance of the election writ until the day of the election subject to arrangements being made that are satisfactory to:

57.1.1 a Faculty Member’s Dean for the teaching of any classes and the supervision of any graduate students that would otherwise be the responsibility of the Faculty Member during this period; or

57.1.2 the University Librarian in the case of a Librarian for carrying out of the Librarian’s duties and responsibilities during this period.

57.2 A period of political leave for this purpose will not exceed four months.

57.3 Where a Member is elected as a Member of Parliament or the Legislative Assembly of British Columbia, the University will automatically place the Member on political leave without salary effective from the date of election until the dissolution of that Parliament or Legislative Assembly to which the Member has been elected or until the Member resigns the seat in the Parliament or Legislative Assembly to which the Member has been elected, whichever occurs first.

57.4 The maximum period of continuous political leave under this section is the longer of:

57.4.1 two consecutive Parliaments or Legislative Assemblies; or

57.4.2 seven years.

57.5 If the Member does not resume at least half-time service to the University at the expiration of this period of political leave, the Member is deemed to have resigned their employment with the University.

57.6 A Member who is elected as a member of a Regional District, City or Municipal Council, or School Board is not eligible for political leave. However, the Member may apply for:

57.6.1 a reduced level of appointment for the term of the Member’s elected office; or

57.6.2 leave without salary.

57.7 When a Member accepts an appointment to the Senate of Canada, the University will automatically place the Member on political leave without salary, effective from the date of appointment for a period of not more than seven years. If the Member does not resume at least part-time service to the University at the expiration of this period of political leave, the Member is deemed to have resigned the Member’s employment with the University.

57.8 During a period of political leave, a Member may maintain their University pension and benefit plans by paying the total cost of both the Member’s and the University’s contributions to the plans. The University will not make any contributions to a Member’s personnel benefit plans during a period of political leave.

57.9 Salary adjustments during a period of political leave are governed by provisions of the Agreement with regard to a period of leave without salary.

57.10 Where a Member is on political leave for an entire academic year, no funds are allocated to the Member’s Professional Expenses Reimbursement account for that academic year. Where a Member is on political leave for a portion of an academic year, the funds allocated to the Member’s Professional Expenses Reimbursement account for that academic year will be prorated accordingly.

57.11 A Member on political leave may not be reimbursed from Professional Expense Reimbursement funds for expenses incurred during the period of political leave.

57.12 A Member on political leave is not eligible to apply for any University research and travel grants where the funds will be expended during the period of leave without salary.

57.13 Upon the expiration of political leave granted under this section, the Member is entitled to return to the University at the same academic rank or Librarian rank that the Member had when the leave was granted.

 

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