YUFA
Collective Agreement
2009-2012
Article 20
Sabbatical Leave
20.01
The purpose of sabbatical leave is to serve the objectives of the University by affording employees a regular opportunity to maintain and enhance their academic and professional competence free from normal on-campus teaching/professional and service obligations. Sabbatical leave is intended to promote high levels of scholarly and professional activity by employees through sustained periods of concentrated study, contemplation, and creative work, and through the extension of the range of contacts of employees to other people, places, experiences, and ideas. The parties to this Agreement acknowledge a joint responsibility to ensure the effective use of sabbatical leaves to strengthen the University in the achievement of its objectives.
Sabbatical Leave for Faculty Members
20.02
(a) Tenured faculty members in the Professorial or Alternate Stream are entitled to one (1) full year of sabbatical leave after six (6) years of service, subject to clauses 20.05, 20.06, and 20.07, below. No more than three (3) years of credit toward a sabbatical may be accrued during a leave of absence under Article 19. Normally a faculty member will take sabbatical leave every seventh (7) year. However
- The employee may, with the permission of the Dean or designate, take leave before the year in which he/she would normally be entitled to take leave. Similarly, the Dean or designate, in consultation with the Chairperson (where applicable), may request that an individual advance his/her sabbatical leave in the interests of effective scheduling of a unit’s course offerings. In both these cases of a sabbatical being taken earlier than in the normal year, the individual shall be entitled to take his/her next sabbatical in the seventh (7) year following the normal year.
- The employee may, with the permission of the Dean or designate, take leave later than the year in which he/she would normally be entitled to take leave. Similarly, the Dean or designate, in consultation with the Chairperson (where applicable), may require that an individual delay his/her sabbatical leave in the interests of effective scheduling of a unit’s course offerings. Notice of a required delay shall be given in writing to the employee at least fourteen (14) months in advance of the normal starting date of the leave. In both these cases of a sabbatical being taken later than in the normal year, the individual shall be entitled to take his/her next sabbatical in the seventh (7) year following the normal year.
Deans and Chairpersons (where applicable) shall establish a roster of impending sabbatical leaves so that faculty members are aware well in advance of the likelihood of delay, or the possibilities for advancement, of their sabbatical leaves.
(b) In the case of employees who have not yet received a decision on tenure, but who have satisfied the years of service requirement established in 20.02(a), the Employer may, at its discretion, grant sabbatical leave as provided in this Article.
Faculty members appointed to York University directly from full-time faculty service at another university shall be granted credit for such service on the basis of one (1) York year of service for each two (2) years of active, unbroken, full-time faculty service since sabbatical at their previous university(ies), or if there has been no sabbatical at the previous university(ies), since the date of first full-time faculty appointment, to a maximum of three (3) York years of service. In order to provide for a smooth transition in the application of the terms of this Agreement, the Dean, in consultation with the Chairperson (where applicable), may rule that the effective scheduling of a unit’s course offerings renders it not feasible for all or part of such credit to be granted to advance a faculty member’s first York sabbatical leave from its normal seventh (7) year. In such cases, the remaining credit shall be applied as years of service toward the second sabbatical leave.
20.04
The Employer shall inform prospective faculty members of clause 20.03 and may, at its discretion, enter into agreement with an individual faculty member to award York years of service credit toward a sabbatical leave in order that a faculty member be entitled to a sabbatical leave earlier than would normally be the case. Such agreement shall be made between the faculty member and the Employer in writing, and made at time of appointment of the faculty member to the University.
At least fifteen (15) months before the normal starting date of his/her sabbatical leave, a faculty member shall indicate to his/her Chairperson or Dean his/her intent to proceed to sabbatical leave. A Dean who receives from a faculty member a statement of intent to proceed to sabbatical leave shall respond to the scheduling of the sabbatical leave as specified in the statement of intent within three (3) months of receipt, either agreeing to the scheduling of the sabbatical leave or denying it and stating the reasons for the denial. Failure of the Dean to respond within three (3) months shall constitute approval of the scheduling of the sabbatical leave as proposed by the faculty member. The statement of intent may subsequently be withdrawn by the faculty member with the approval of the Dean.
Failure of the faculty member to express an intent to proceed to sabbatical leave or to request an advancement/delay of the normal sabbatical leave shall constitute a waiving of the entitlement to the sabbatical leave in question. A faculty member shall provide to his/her Chairperson (where applicable) and Dean, a general statement of his/her programme of activities planned for the period of sabbatical leave. By 1 November next following his/her return from sabbatical leave, a faculty member shall file a report on his/her sabbatical leave with his/her Chairperson (where applicable), with a copy to the Dean and the Office of Research Services.
20.06
In very exceptional and abnormal circumstances, relating only to a faculty member’s second or subsequent sabbatical leave, the Dean may, after consultation with the faculty member’s Chairperson (where applicable) recommend to the President that sabbatical leave be denied the faculty member. The decision to deny a sabbatical leave shall be based on evidence pertaining to the body of a faculty member’s performance, during and subsequent to his/her previous sabbatical leave, of those professional responsibilities directly germane to the effective use of the sabbatical leave, which establishes conclusively that the University and the individual will not benefit from his/her programme of leave in terms of the purposes of sabbatical leave as set out in clause 20.01, above.
When sabbatical leave is denied, within thirty (30) days of the Dean’s receipt of the statement of leave programme, the faculty member shall be provided with a detailed written statement containing the reasons for the denial, the specific evidence on which the denial is based, and a record of the Employer’s communication to the employee of dissatisfaction with his/her performance. An employee so affected shall have full access to the grievance and arbitration procedures established by Article 9 of this Agreement. If the matter is grieved and taken to arbitration, the arbitrator or arbitration board shall have jurisdiction to determine whether sabbatical leave shall be granted.
A faculty member proceeding to sabbatical leave shall report to his/her Dean or designate all non-trivial income for professional services of which receipt from sources other than York University is anticipated. Such income, to include salary, professional fees, and research stipends, together with the York sabbatical salary, shall not exceed 100% of the faculty member’s normal professional income, plus reasonable research, travel, and associated expenses. Where such total is exceeded, the York sabbatical salary may be correspondingly reduced. Consistent with the foregoing, a sabbatical leave is not normally intended to allow an opportunity for a faculty member to assume a full-time salaried position elsewhere.
A faculty member
wishing to do so will normally resign or make application for a leave of
absence without pay. Individuals proceeding to sabbatical leave are
encouraged to apply for external research assistance, and the University
shall assist a faculty member in the classification of a portion of
his/her sabbatical salary as a research grant.
20.08
Sabbatical leave is normally for a period of twelve (12) months and will normally begin on either 1 July or 1 January. A faculty member may apply to take his/her sabbatical leave in the form of a six-month leave also normally beginning on either 1 July or 1 January.
Sabbatical Leave for Professional Librarians
20.09
- All librarians with continuing appointments are entitled to sabbatical leave to take place after six (6) years of service, subject to Articles 20.11 and 20.12. Sabbatical leave will normally begin on the first of the anniversary month of initial appointment at York.
- Normally, a librarian will take sabbatical leave every seventh (7) year. However, the employee may, with the permission of the University Librarian/Dean, Faculty of Law or designate, take sabbatical leave before or after the year in which he/she would be normally entitled to take leave. Similarly, the University Librarian/Dean, Faculty of Law or designate may request that an employee delay his/her sabbatical in the interests of maintaining effective scheduling of library services. Notice of a required delay with rationale shall be given in writing to the librarian at least nine (9) months in advance of the normal starting date of the leave. In all such cases, the individual shall be entitled to take his/her next sabbatical in the seventh (7) year following the normal year.
- The University Librarian/Dean, Faculty of Law shall establish a roster of impending sabbatical leaves so that professional librarians are aware well in advance of the likelihood of delay, or the possibilities for advancement, of their sabbatical leaves.
Professional librarians appointed to York University directly from full-time professional librarian service at another university shall be granted credit for such service on the basis of one (1) York year of service for each two (2) years of active, unbroken, full-time professional librarian service since sabbatical at their previous university(ies), or if there has been no sabbatical at the previous university(ies), since the date of first full-time professional librarian appointment, to a maximum of three (3) York years of service. In order to provide for a smooth transition in the application of the terms of this Agreement, the University Librarian/Dean, Faculty of Law, in consultation with the Department Head (where applicable), may rule that the effective scheduling of a unit’s work renders it not feasible for all or part of such credit to be granted to advance a professional librarian’s first York sabbatical leave from its normal seventh (7) year. In such cases, the remaining credit shall be applied as years of service toward the second sabbatical leave.
20.11
At least twelve (12) months before his/her expected starting date of his/her sabbatical leave, a librarian shall submit to the University Librarian/Dean, Faculty of Law or designate a statement of his/her intent to proceed to sabbatical leave together with a general statement of his/her programme of leave to maintain and enhance his/her academic and professional competence. Failure of a librarian to express an intent to proceed on his/her normal sabbatical leave or to request an advancement/delay of the normal sabbatical leave shall constitute a waiving of the entitlement to the sabbatical leave in question.
The University Librarian/Dean, Faculty of Law, having received a statement of intent to proceed to sabbatical leave, shall respond to the scheduling of the sabbatical leave as specified in the statement of intent within three (3) months of receipt, either agreeing to the scheduling of the sabbatical leave or denying it and stating the reasons for denial. Failure of the University Librarian/Dean, Faculty of Law to respond within three (3) months shall constitute approval of the scheduling of the sabbatical leave as proposed by the librarian.
The statement of intent may be subsequently withdrawn by the librarian with the approval of the University Librarian/Dean, Faculty of Law. Within three (3) months following his/her return from sabbatical leave, a librarian shall file with the University Librarian/Dean, Faculty of Law, with a copy to the Office of Research Services, a complete report of his/her sabbatical leave project.
20.12
In very exceptional and abnormal circumstances, relating only to a librarian’s second or subsequent sabbatical leave, the University Librarian/Dean, Faculty of Law may after consultation with the Department Head (where applicable) recommend to the President that sabbatical leave be denied the librarian. The decision to deny a sabbatical leave shall be based on evidence pertaining to the body of the librarian’s performance, during and subsequent to his/her previous sabbatical leave, of those professional responsibilities directly germane to the effective use of the sabbatical leave, which establishes conclusively that the University and the librarian will not benefit from his/her programme of leave in terms of the purposes of sabbatical leave as set out in clause 20.01 (above). When sabbatical leave is denied, within thirty (30) days of the University Librarian’s/Dean, Faculty of Law’s receipt of the statement of leave programme, the librarian shall be provided with a detailed written statement containing the reasons for the denial, the specific evidence on which the denial is based, and a record of the Employer’s communication to the employee of dissatisfaction with his/her performance. An employee so affected shall have full access to the grievance and arbitration procedures established by Article 9 of this Agreement. If the matter is grieved and taken to arbitration, the arbitrator or arbitration board shall have jurisdiction to determine whether sabbatical leave shall be granted.
A professional librarian proceeding to sabbatical leave shall report to the University Librarian/Dean, Faculty of Law or designate all non-trivial income for professional services of which receipt from sources other than York University is anticipated. Such income, to include salary, professional fees, and research stipends, together with the York University sabbatical salary, shall not exceed 100% of the librarian’s normal professional income, plus reasonable research, travel, and associated expenses. Where such total is exceeded, the York sabbatical salary may be correspondingly reduced. Consistent with the foregoing, a sabbatical leave is not normally intended to allow an opportunity for a professional librarian to assume a full-time salaried position elsewhere.
A librarian wishing to do so will normally resign or make application for a leave of absence without pay. Individuals proceeding to sabbatical leave are encouraged to apply for external research assistance, and the University shall assist a librarian in the classification of a portion of his/her sabbatical salary as a research grant.
20.14
Sabbatical leave for librarians may be requested either for a period of six (6) months or a period of twelve (12) months. Salary support shall be as defined in Article 20.18.
Conditions Applicable to All Sabbatical Leaves
20.15
In order that the workload of other employees not be made excessive as a result of sabbatical leaves taken by their colleagues, or that sabbatical leaves not be unduly delayed, the Employer agrees to continue to make a reasonable effort to appoint replacements.
20.16
The parties agree that it would be most unusual, and except under very unusual circumstances (e.g., when the employee is approaching normal retirement, or as part of an agreed voluntary separation arrangement), improper, for an employee not to return to York University for at least one (1) year of service following a period of sabbatical leave.
20.17
Commencing 1 July 1991, sabbatical leave salary support shall be at the rate of:
Six-Month Leaves
(a) 100% of academic base salary for six-month leaves.
Twelve-Month Leaves
(b) (i) first sabbaticals: For all employees who are taking their first sabbatical leave (i.e., first sabbatical leave from York or elsewhere), sabbatical salary shall be as follows:
(A) where the employee’s salary in the year prior to the sabbatical year is at or below the average bargaining unit salary in that year, the sabbatical salary shall be at 100% of academic base salary;
(B) where the employee’s academic base salary in the year prior to the sabbatical year is above the average bargaining unit salary in that year, the sabbatical salary shall be at the greater of:
- the rate of the average bargaining unit salary during the year before sabbatical year increased by the application of any general increments for the sabbatical year;
- 80% of the employee’s salary.
(C) The sabbatical salary level established in (A) or (B) (above), shall be reduced by the amount of any external leave salary support.
(ii) second and subsequent sabbaticals: For second and subsequent sabbaticals, sabbatical salary support for twelve (12) month leaves shall be 75% of academic base salary, plus additional supplementary salary support of up to 5% of academic base salary, on condition that the sum of:
Basic 75% sabbatical support
+
Any additional sabbatical salary support
from external agencies or
York University Leave Fellowships
+
Employer’s supplementary support
(maximum 5%)
does not exceed 100% of the employee’s academic base salary. Any amount by which this total exceeds 100% shall be deducted from the Employer’s supplementary support component.
20.18
An employee on sabbatical leave remains a full-time employee of the University, and is entitled to all usual fringe benefits and benefits which he/she would participate in if present in his/her academic unit, such as conference travel funds. Employees on sabbatical leave shall receive all salary increases on the same basis as other employees and shall be eligible for all discretionary increases.
For clarity, during sabbatical leave, benefits are affected as follows:
- York Pension Plan contributions are based on actual earnings (regular and sabbatical grant). Where a sabbatical is less than 100% of nominal salary, an employee may contribute, to the York Pension Plan, the difference between the contributions at the reduced sabbatical rate and those which would be required by the employee and the Employer at normal 100% salary.
- Life Insurance and Long Term Disability coverage and deductions continue to be based on the employee’s full regular base salary.
- ohip, Extended Health Care and Dental Plan coverage and deductions continue unaffected by a sabbatical leave.