Limit on unpaid leave excludes parental leave

The collective agreement established an upper limit of five years per child on unpaid leave for teachers with young children. Because the limit was inconsistent as described in the contract, and was more strict than the Employment Standards Act, the arbitrator overruled it.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 08/26/2011

Four teachers applying for Leave Without Pay (LWOP) were refused leave. The employer said the leaves were not granted because the teachers had exceeded the five-year limit on leaves specified in the collective agreement.

In calculating the leaves taken by the teachers, the employer included the pregnancy/parental/adoption leaves (PPAL) taken by the teachers.

The union grieved.