Memorandums of Understanding

Table of Contents

Maternity and Parental Leave MOU

February 12, 2024

ULFA and the Board agreed to a revised version of the Maternity and Parental Leave MOU in February 2024 to clarify some matters within it. These changes did not materially change the nature of the agreement between the Parties. You can read a full copy of the updated MOU here.

October 23, 2023

ULFA and the Board of Governors of the University of Lethbridge (the Board) recently signed a Memorandum of Understanding (MOU) to modify how maternity and parental leaves are administered. Articles 32.03-32.07 of our collective agreement (available here) specify how maternity and parental leaves function. The MOU clarifies certain elements of these Articles, and amends some Board practices.

You can read a full copy of the MOU in the updated link above. Below is a summary of the changes that result from this MOU.

Summary of Changes
The MOU provides the following for Members taking maternity and/or parental leave:

Defines what an “Impacted Academic Year” is. 

  • An Impacted Academic Year is any academic year (July 1 – June 30) in which a Member spends one or more months on maternity or parental leave. An Impacted Academic Year is any academic year (July 1 – June 30) in which a Member spends one or more months on maternity or parental leave.
  • Members will not have their salary increments pro-rated because they take maternity and/or parental leave. Salary increments include career progress increments and merit increments.
    • Prior to the signing of this MOU, the Board was pro-rating (i.e. reducing) salary increments for Members if their maternity or parental leaves were longer than 20 weeks. 
    • Increments would be pro-rated based on how much time the Member was on leave beyond the 20 weeks during which the Board provides salary to Members in addition to what they collect from Employment Insurance.
      • For example, if a Member took a total of 24 months of combined maternity and parental leave, their increments would have been pro-rated for 4 weeks out of the employment period (likely being 1/12th of their increment for the year, or 8.3%). This is because their increments for the year would not be pro-rated for the first 20 weeks of the leave, but would be pro-rated based on any time beyond the first 20 weeks spent on leave. 
    • This change to the Board’s practice regarding salary will be made retroactive to July 1, 2020. Members who have received salary increments that were pro-rated for this reason since July 1, 2020 will receive a salary adjustment in the coming months and a retroactive, lump sum payment for any income they missed. If you have had a maternity and/or parental leave that lasted more than 20 weeks at any time since 2018, you may be eligible for this adjustment. Contact the ULFA office if you want to discuss your situation with a member of ULFA staff.

The MOU clearly sets out how increments will be awarded.

  • There are separate provisions for career progress increments and merit increments. 
  • Similar to the MOU signed during the pandemic, Members taking maternity and/or parental leave are able to “carry over” their previous PAR score. If the Member has no previous score (e.g. they were recently hired), they instead use a score of 1.0.
  • As long as the previous PAR score was at least a 1.0, and the Member holds a Professor or Professional Librarian position, the Member is awarded their career progress increment. The academic career year limit placed on career progress increments, based on rank, is automatically extended for one year for each such increment awarded in this way.
    • For example, normally an Assistant Professor may only receive 10 career progress increments before being promoted. A Member who had one Impacted Academic Year would automatically have this maximum increase to 11 career progress increments at the Assistant Professor rank. 
    • It is not possible to increase the maximum number of career progress increments beyond 35 at the rank of Full Professor or Professional Librarian IV by use of these extensions. 
  • Merit increments are calculated based on the Member’s previous PAR score that is carried forward. Such increments are calculated in the usual way, which means the amount of merit a Member receives depends both on their score and the score distribution in the relevant merit pool.

The MOU provides greater clarity on what work is expected during a maternity/parental leave, when and how PAR reporting should occur, and which activities can be included in your PAR.

  • The MOU makes clear that there is no expectation of work when a Member is on maternity and/or parental leave.
  • However, the MOU also recognizes that achievements may materialize during the period during which the Member is on leave, and these should be recognized. For example, one may have research published, win an award, or otherwise garner achievements that would normally be reported on one’s PAR. The MOU allows Members to clearly report such achievements on their next submitted PAR for consideration by their Dean.
  • There is greater clarity on when a PAR must be submitted, including automatic extensions (where appropriate) to ensure that a Member does not need to file a PAR immediately upon returning to work.
    • Members do not need to submit a PAR after an Impacted Academic Year.
    • Members must submit a PAR at the end of the first non-Impacted Academic Year after they take a maternity/parental leave, even if that would usually be an “off” year if the Member submits their PAR on a biennial cycle. 
    • Members may choose to submit a PAR after an Impacted Academic Year as long as they worked a combined total of 8 months during that Academic Year. This PAR submission will not be due sooner than 30 Working Days of returning to duties from leave, to ensure that Members have enough time to create the PAR after they have returned to duty. Members making use of this extension must notify their Dean.
Members are also allowed to opt out of the provisions of the MOU and abide by the existing collective agreement language should they so choose. Such a decision must be made in writing to both their Dean and ULFA prior to commencing their leave.
 

This agreement does not change any language regarding maternity or parental leaves in our collective agreement which are not specifically modified by this MOU. This means that the financial provisions, including the administration of benefits, and the Member’s choice to count or not count the time on leave toward their maximum probationary period, remains unchanged. If you or a colleague have any questions about how these leaves function, please contact the ULFA office for assistance.

To help illustrate how the MOU works in practice, here are two examples:

Member A
Member A is an untenured Assistant Professor in their third year of probation. Member A begins maternity leave in November 2023. Member A opts to not count the time on leave as time toward their maximum probationary period, which grants them a one-year extension to their probationary period.

Member A is on maternity (and then parental) leave for 26 weeks, ending in May 2024. During the first 20 weeks of leave, the Member’s Employment Insurance income is supplemented by the Supplemental Unemployment Benefits Plan. For the remaining 6 weeks of leave, the Member’s income is determined solely by what Employment Insurance provides.

The Member had submitted a PAR in September 2023. Once that PAR is assessed by their Dean, that score will determine the Member’s salary increment(s) awarded on July 1, 2024. Assume this Member received a PAR score of 1.4 by the Dean. Member A would not need to submit a PAR in September 2024, and would instead receive salary increment(s) on July 1, 2025 based on the previous PAR score of 1.4. The maximum number of career progress increments that Member A could earn as an Assistant and Associate Professor are each automatically increased by one, resulting in a cumulative total of 11 career progress increments as an Assistant Professor, and 26 career progress increments as an Associate Professor.

Member A does not have the option to submit a PAR in September 2024 because they did not work 8 months during the 2023-2024 Academic Year (July – June). The Member will next submit a PAR in September 2025. On that PAR, they will report any achievements since they last submitted their PAR. They will clearly distinguish between activities and achievements from before and after their period of leave during the 2023-2024 Academic Year, any achievements that came to fruition during their period of leave, and activities and achievements during the 2024-2025 Academic Year.

Member B
Member B is a continuing Instructor III normally on a biennial PAR submission cycle. Member B submitted a PAR in September 2022 and received a score on that PAR from their Dean in Spring 2023. That performance score determines their merit increments for July 1, 2023 and July 1, 2024. Member B would normally submit their next PAR in September 2024.

Member B takes a parental leave from February 2024-August 2024, returning to work on September 1, 2024. In September 2024, the Member has the option to either submit a PAR, or to not submit a PAR and carry forward their previous performance score. If the Member chooses to submit a PAR, they will not need to do so within 30 Working Days of their return to work. The length of the extension will be determined by calculating 30 Working Days from their return to work date. The Member informs their Dean of any such extension upon their return to work. If the Member chooses to not submit a PAR in September 2024, then they will carry forward their previous performance score for the 2024-2025 Academic Year, and the Member will next submit a PAR in September 2025 for the 2024-2025 Academic Year. The Member will then return to their normal biennial PAR evaluation cycle after this point, submitting their next PAR in September 2026.

If you have questions or comments on this MOU or about any of the maternity/parental leave provisions, please attend our upcoming town hall, or reach out to ULFA staff for assistance.

New Member Salary Increment Pro-Rating

December 2, 2022

In 2021, ULFA became aware of an issue impacting new Members who begin work between September 16 – March 31 of any given academic year. According to the existing salary increment structures, new Members would not normally be entitled to any salary increase after their first academic year. To ameliorate that shortcoming, ULFA and the Board have agreed to a

negotiated benefit for new Members, in effect providing them whatever salary increment a score of 1.0 on their PAR would have earned them for the year. If Members start between September 16 – March 31 of an academic year, then the negotiated benefit is accordingly pro-rated. For instance, someone starting their position on January 1 of a year would
receive one-half of the negotiated benefit on the following July 1, in recognition of the fact that they have worked one-half of the academic year. 

The issue brought to ULFA’s attention is that the Board had been pro-rating the salary increments for new Members starting between September 16 – March 31 in their second academic year, based on the number of months worked in their first academic year. As a result, someone who started on January 1 in a given year would receive a salary raise that reflected
12 months of work after 18 months of work, and the discrepancy between the number of months worked and the number of months reflected in salary increases would not be made up during their career at the institution. 

ULFA grieved this issue, arguing that such pro-rating of salary increments was not in accordance with the provisions of the collective agreement. After several discussions, ULFA and the Board settled the grievance. As a result of the settlement, the Board will no longer pro-rate salary increments for Members starting between September 16 – March 31 of an
academic year in their second academic year, which will eliminate the discrepancy outlined above. Additionally, Members who were impacted by this issue in recent years will have their salaries adjusted and be provided a lump-sum payment to reflect the difference between what their salary has been and what their salary should have been, had this settlement been operative in 2019. 

You can read the full Minutes of Settlement here. If you have any questions about this agreement, please contact ULFA Staff at admin@ulfa.ca

Study Leave Grievance Settlement

June 8, 2022

 In 2021, ULFA became aware that the Board denied a study leave application on the grounds that it would exceed the award rate in the relevant unit. Under the 2018-2020 Academic Staff Collective Agreement in force at the time, Article 13.09 states that, “The number of Faculty Members assigned to research and study leave each year shall accord with past practice.” After investigating the issue, ULFA grieved the Board’s interpretation of “past practice” as being defined by the award rate of 8% set in the 1980s when this language was introduced.

ULFA argued that if the practice of awarding study leaves had increased since that time, then such leaves should continue to be awarded at the prevailing rate of recent years. After productive discussions, the Board agreed with ULFA’s position, and produced data on the study leave award rate for the past ten years. To conclude the grievance, ULFA and the Board agreed to set the award rate at 9.5%, in accordance with the data from recent years. The target award rate ensures that study leaves will continue to be awarded at contemporary rates moving forward as a proportion of normally-eligible academic staff. You can read the full details of the agreement in the Minutes of Settlement here. If you have any questions about this agreement, please contact ULFA staff at admin@ulfa.ca.

COVID-19 and Academic Freedom MOU

October 12, 2021

ULFA and the employer have signed an MOU that ensures instructors can choose to move classes online without asking for prior permission from their deans. The MOU is a temporary measure for the COVID period that leaves disputes about whether such changes are covered by academic freedom to one side.

Under the agreement, ULFA Members can choose to move courses online for two weeks or less without seeking approval, provided they provide an appropriate rationale to their chairs or deans after the move has been made.

Moves to online delivery of content beyond 2 weeks are to be done in consultation with the Dean. Discussions were had that consultation with the Dean does not require permission of the Dean, but is a chance to collaboratively discuss making the change. When shifting the method of delivery, every reasonable effort must be made to notify students and that the shift does not unfairly disadvantage students. Such moves to online delivery must also not require that students purchase any new equipment for the class beyond what was indicated they must have at the start of term (e.g. a webcam).

ULFA had filed a grievance arguing that University policies requiring Members to seek approval before changing the method of instruction in their classes from in-person to online violated members academic rights. In exchange for this MOU, ULFA withdraws the original grievance, without prejudice. The purpose of this MOU is to seek a workable solution to the immediate risk caused by the COVID-19/Delta wave, since grievances can take months or even years to settle.

The agreement extends until the end of the 2021-2022 Academic year. ULFA recommends using your right of accompaniment in these meetings, an ULFA member or staff can be provided by request to such meetings. This MOU does not change any existing policies or procedures that provide a Member additional flexibility in program delivery than what this MOU has allowed.

SARCC - 19P MOU Announcement

April 21, 2021

ULFA is pleased to announce that we have signed another Memorandum of Understanding (MOU) with the Board of Governors. This MOU is being made in response to the specific circumstances of the COVID-19 Pandemic.

A copy of this new MOU is available here.

PAR MOU Details and Information Sessions

April 7, 2021

As part of the resolution of a grievance launched by ULFA concerning the impact of COVID-19 on our members’ workloads, we are pleased to announce that a Memorandum of Understanding (MOU) has been signed between ULFA and the Board of Governors. This MOU concerns how  Professional Activity Reports (PARs) will be handled throughout the period of the pandemic.

If you submitted a PAR in September 2020, you have a choice to make by April 15, 2021. Read below for details. 

Below is an explanation of the options presented to each member. ULFA will also hold information sessions to explain the options this MOU presents to you and answer any questions you may have. Those sessions will be held on:

Thursday, April 8 from 10:00-11:00am.
Friday, April 9 from 1:00-2:00pm.
Monday, April 12 from 3:00-4:00pm.

Please check your email for zoom details. 

This MOU contains… read full PAR MOU details.

ULFA MOU Travel Fund for Online Teaching

December 7 , 2020

ULFA has signed an MOU with the employer regarding use of the Article 29 Travel Fund for September 2020 to March 2021.

Sessional and term instructors, who do not have access to a professional supplement by the employer, can receive up to $500 in reimbursements from the Travel Fund for eligible costs related to the move to online instruction. See 6b of the MOU for eligible expenses and 6c for excluded expenses.

If you are currently teaching Fall 2020, but not employed for next Spring Semester, the deadline to submit expenses to Financial Services is December 16th, 2020.

If you are teaching in Fall 2020 and Spring 2021 Semester the deadline to submit expenses is February 15, 2021.

Please note, only one expense claim will be reimbursed per eligible claimant.

Any unused monies in the Travel Fund will roll over to be added to the March 31, 2021 to June 30, 2022 Travel Fund period.

If you have any questions please contact ULFA Staff.

Read the MOU in detail here.

NDA MOU Announcement

April 21, 2021

ULFA is pleased to announce that we have signed another Memorandum of Understanding (MOU) with the Board of Governors. This most recent MOU concerns the use of confidentiality agreements, both those that had been introduced earlier this year to all Members as well as supplemental confidentiality agreements that are often used on various committees and for department chairs. We received many concerned communications from our membership about these agreements, and we subsequently grieved their use.

A copy of this new MOU is available here. We have provided a summary of its contents:

1)  All Members will be required to sign one (and only one) confidentiality agreement as a condition of employment. This requirement is part of the University’s government-mandated Employee Code of Conduct. The contents of that agreement are included in the MOU, and changes to that agreement must be mutually agreed upon by ULFA and the Board.

2)  The confidentiality agreement that you will be required to sign explicitly states that it “will not be interpreted or applied so as to limit or amend the provisions contained in the ASCA.” This clause means that all of your rights contained in the Academic Staff Collective Agreement (ASCA), including the rights pertaining to and extending from academic freedom, cannot be impaired or limited by signing this agreement.

3)  For the purposes of this agreement, “Confidential Information” is defined as “Personal Information as defined in the Freedom of Information and Protection of Privacy Act, RSA 2000 Chapter F-25.” Since all Members already have a legislated responsibility not to divulge Personal Information as defined in this act, the confidentiality you sign as a condition of employment will not limit your ability to divulge or discuss information in a way that was not already previously prohibited by law.

4)  As part of this MOU, “the Board will provide training to academic staff with respect to the nature and use of Confidential Information, consistent with this MOU.” ULFA believes this training will be beneficial to our Members in helping them understand their legislated requirements which this confidentiality agreement reinforces.

5)  Lastly, as this MOU is implemented, you will be asked to sign the confidentiality agreement contained in it. There may also be some modifications of pre-existing documents to reflect the existence of this MOU and the confidentiality agreement.

If you have any questions or concerns, please do not hesitate to contact the ULFA staff.

PAR MOU Details and Information Sessions

April 7, 2021

As part of the resolution of a grievance launched by ULFA concerning the impact of COVID-19 on our members’ workloads, we are pleased to announce that a Memorandum of Understanding (MOU) has been signed between ULFA and the Board of Governors. This MOU concerns how  Professional Activity Reports (PARs) will be handled throughout the period of the pandemic.

If you submitted a PAR in September 2020, you have a choice to make by April 15, 2021. Read below for details. 

Below is an explanation of the options presented to each member. ULFA will also hold information sessions to explain the options this MOU presents to you and answer any questions you may have. Those sessions will be held on:

Thursday, April 8 from 10:00-11:00am.
Friday, April 9 from 1:00-2:00pm.
Monday, April 12 from 3:00-4:00pm.

Please check your email for zoom details. 

This MOU contains… read full PAR MOU details.

ULFA MOU Travel Fund for Online Teaching

December 7 , 2020

ULFA has signed an MOU with the employer regarding use of the Article 29 Travel Fund for September 2020 to March 2021.

Sessional and term instructors, who do not have access to a professional supplement by the employer, can receive up to $500 in reimbursements from the Travel Fund for eligible costs related to the move to online instruction. See 6b of the MOU for eligible expenses and 6c for excluded expenses.

If you are currently teaching Fall 2020, but not employed for next Spring Semester, the deadline to submit expenses to Financial Services is December 16th, 2020.

If you are teaching in Fall 2020 and Spring 2021 Semester the deadline to submit expenses is February 15, 2021.

Please note, only one expense claim will be reimbursed per eligible claimant.

Any unused monies in the Travel Fund will roll over to be added to the March 31, 2021 to June 30, 2022 Travel Fund period.

If you have any questions please contact ULFA Staff.

Read the MOU in detail here.

Signed MOU in Response to COVID-19 – Updated

September 29, 2020

Signed MOU in response to COVID – 19 initial notice.

The Faculty Association has signed an MOU with the employer in response to the COVID-19 Pandemic. This MOU is particularly relevant to members who are currently on a probationary appointment, were awarded study leave commencing in the 2020-2021 Academic Year, or had travel funds allocated to them for the period of April 1st through August 31, 2020.

Update: 

The Parties hereby rescind Clause 6, Probationary Appointments, in the MOU between the Parties dated April 29, 2020. All other terms and clauses in that MOU remain in full effect.

Clause 6, Probationary Appointments, of the April 29, 2020 MOU between the Parties is replaced with the following terms and conditions pertaining to probationary appointments, owing to the significant impacts as a result of the COVID-19 Pandemic (the “Pandemic”).

(1) A Member currently holding a probationary appointment, or accepting a probationary appointment at the University during the Pandemic, may request an extension of their maximum probationary period by one year.
(2) Extensions under Clause (1) above may be made to Members whose ability to execute their duties has been compromised by virtue of the Pandemic.
(3) A Member requesting an extension of their maximum probationary period must submit their request for such an extension, with a rationale, to the Provost and Vice-President (Academic):

(a) by October 15, 2020 in the case of Members subject to review by an STP Committee in
Spring, 2021 review cycle; and
(b) by September 15 in the year prior to the following Spring, in which their review by an
STP Committee is to be held, up to September 15, 2026 after which date this MOU
expires and is of no further effect.

(4) A request made by a Member under Clause (1) above shall not be unreasonably denied.

View updated, signed MOU here.

The MOU in its entirety is available here.

If you have any questions, please contact Aaron Chubb, eo@ulfa.ca

Signed MOU in Response to COVID-19

May 1, 2020

The Faculty Association has signed an MOU with the employer in response to the COVID-19 Pandemic. This MOU is particularly relevant to members who are currently on a probationary appointment, were awarded study leave commencing in the 2020-2021 Academic Year, or had travel funds allocated to them for the period of April 1st through August 31, 2020.

The MOU remains in place up to October 31st, 2020 with an option for a six month extension.

Study Leave
Any Member who was awarded study leave commencing in 2020-2021 can make a request to the Dean for a postponement or modification of that study leave. This request must be made on or before May 11th, 2020. Your request to the Dean will outline parts of your study leave plan that are no longer safe or possible as a result of the Pandemic. And propose a new timeframe for when the study leave would commence and end.
ULFA has explicitly discussed with the Administration the degree to which it may prove difficult for Members to predict accurately the time frame for their delayed study-leave, due to issues such as uncertainty around travel restrictions, immigration rules and requirements, or requirements for visiting researchers at the proposed host institution, etc. In such cases, faculty are to give their best estimate at this time. Deans have been instructed to be flexible in dealing with such uncertainty and ULFA can assist should problems arise.

Probationary Appointments
Members who are currently on a probationary appointment (i.e. pre-tenure) may extend their probationary period by one year if they believe that the Pandemic has compromised their performance. You must notify the interim Provost and Vice President (Academic), Erasmus Okine, on or before June 30, 2020 in order to exercise this right.

Travel Fund
Monies that were allocated from April 1 2020 to August 31, 2020 for the Travel Fund in Article 29.01 of the Collective Agreement will be returned to the Board, since no travel should have been incurred or anticipated in this time. Expenses incurred for travel booked prior to the March 14th, 2020 Travel Advisory can still be reimbursed. ULFA and the Board believe that no Members will be out of pocket as a result of this agreement. Please let us know if you are adversely affected.

Summary
The following table summarizes the changes and deadlines introduced as a result of this MoU. Please see the relevant sections above for important details and requirements in each case.

Member affectedChange implemented in MoURelevant dates/deadlines
Members awarded study leave commencing in the 2020-2021 academic yearMembers may request a postponement of that study leave.Request must be made before May 11, 2020
Members on a probationary appointmentMembers may request a one-year extension.Request must be made on or before June 30, 2020
Members allocated funds from the University of Lethbridge Travel Fund for Spring and Summer 2020Only travel booked prior to the March 14th Government Travel Advisory is eligible for reimbursement.Travel must have been booked before March 14, 2020.

The MOU in its entirety is available here.

If you have any questions, please contact Aaron Chubb, eo@ulfa.ca

University Employee and Family Assistance Program (EFAP) for Term and Sessional, effective April 1, 2021

March 25, 2021

The University of Lethbridge and the University of Lethbridge Faculty Association (ULFA) recognize the effects that the COVID-19 pandemic has had on employees of the University of Lethbridge. As a result of interest-based discussions between the parties to resolve concerns raised by ULFA arising from the effects of COVID, and in an effort to support sessional and term instructor members through this difficult time, the University of Lethbridge Faculty Association and the Board have reached agreement on a Memorandum of Understanding (MOU) that will extend the University Employee and Family Assistance Program (EFAP) to sessional and term instructor members who do not currently receive this benefit.

Instructions for access to EFAP for eligible members will be provided on April 1, 2021.

2020-2021 Workload and COVID

The impacts of the COVID-19 pandemic have been almost universally negative for the ULFA membership. ULFA conducted a survey of its membership between November 30 and December 16, 2020. The survey was composed of 46 questions and 241 members responded to it, representing 40% of ULFA’s membership as of December 2020.

The results show, unsurprisingly, that the COVID-19 pandemic has had an adverse impact on the ability of members to competently perform their teaching, research, and service duties. The time members have to competently perform their duties has decreased, while the time required to competently perform those duties has increased. The impacts have been particularly pronounced on respondents with caregiving responsibilities, those who identify as women, those aged 49 and below, and those who identify as members of other equity-seeking groups.

Please read the full report here.