Common use of LEAVES OF ABSENCE WITHOUT SALARY Clause in Contracts

LEAVES OF ABSENCE WITHOUT SALARY. ‌ 7-3.01 The Board may grant a professional a leave without salary for one year for reasons it deems valid. However, the Board cannot refuse a tenured professional who so requests a full-time leave without salary for a maximum duration of one year if the granting of such a leave allows the Board to use the services of a professional on availability, provided that such a professional on availability held, at the time of his or her placement on availability, a position in the locality where the professional who requests the leave without salary is assigned. The Board may also grant a professional who has acquired his or her tenure under article 5-6.00 a part-time leave of absence without salary for a specific period for reasons it deems valid. The provisions of this article shall apply, with the necessary changes, to the professional who benefits from such a leave. 7-3.02 Notwithstanding the first paragraph of clause 7-3.01, the regular professional shall be entitled, after having completed at least 5 years of continuous service, to a leave without salary for the total number of hours of his or her regular workweek for one school year or for any other period of 12 months agreed to between the professional and the Board. The professional concerned must give the Board a written notice of at least 90 days before the beginning of the school year or the 12-month period during which he or she intends to benefit from such a leave. 7-3.03 The Board shall permit a professional to take a leave without salary for a period that can extend to the end of the school year when the request for leave indicates the expected date of leave and if: a) the death of his or her spouse or of his or her dependant child1 occurred within 30 days prior to the request; b) his or her spouse or his or her dependant child suffers from a serious illness which must be confirmed in a medical certificate; c) the request for leave is related to his or her family life (divorce, separation, succession, assuming responsibility for the professional’s father, mother, in-laws, brother, sister, ▇▇▇▇▇, nephew, grand-child, spouse who can no longer take care of himself or herself, and a child when there is a change in custody arrangements as well as for the traditional Cree adoption). The professional must, upon request from the Board, present any required medical or legal proof. 7-3.04 The professional who is on a leave without salary shall maintain, during his or her absence, his or her tenure and the years of experience recognized upon his or her departure. 7-3.05 Moreover, the professional on a leave without salary shall be entitled: a) to apply for positions for which he or she is eligible; 1 Within the meaning of clause 5-10.02. b) to participate in the group insurance plan prescribed in the Agreement, provided that he or she pay in advance the total premiums due including the Board’s share. 7-3.06 If the professional resigns during or at the end of the leave without salary, he or she shall reimburse any amount paid by the Board for and in the name of the professional. 7-3.07 The Board may cancel the engagement of the professional who does not use his or her leave without salary for the purpose for which he or she obtained it. 7-3.08 A leave of absence without salary shall be subject to the terms and conditions of departure and return to work agreed upon in writing between the Board and the professional. 7-3.09 Upon his or her return, the professional concerned shall be reinstated in the position he or she had at the time of his or her departure or another position to which he or she is reassigned or transferred by the Board, the foregoing subject to the other provisions of the Agreement.