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Model Clause on Pregnancy and Parental Leave
1
Pregnancy Leave
1.1
A pregnant employee shall be entitled to seventeen (17) weeks Pregnancy Leave.
1.2
During the period of pregnancy leave as specified in Article 1.1, an employee shall receive from the employer:
(a) for the first two (2) weeks, 100% of her nominal salary;1
(b) for up to a maximum of 15 additional weeks, an amount equal to the difference between the Employment Insurance (EI) benefits received by the employee and 100% of the employee's nominal salary;
(c) Further, in the event of any reduction by the Government of Canada to the employee's EI benefit entitlement, an amount necessary to ensure that the employee receives the top-up described in Article 1.2(b)
1.3
If the employee is disentitled or disqualified from receiving EI benefits or should EI cease to provide coverage for pregnancy benefits or adjust the amount of benefits that were received then, the employer shall maintain the employee at 100% of her nominal earnings for the period of her leave.
2
Notice Required for Pregnancy Leave
2.1
The employee shall give the employer at least four (4) weeks written notice of the date the pregnancy leave is to begin. The notice period may be altered by mutual agreement.
2.2
The notice period in Article 2.1 shall not apply if the employee stops working because of complications caused by her pregnancy or because of a birth, still birth or miscarriage.
3
Duration of Pregnancy Leave
3.1
The pregnancy leave of an employee who is entitled to take parental leave shall end seventeen (17) weeks after the pregnancy leave began. In the case where a child is hospitalized, an employee may postpone her pregnancy leave by the number of weeks the child is hospitalized but it must be taken within the fifty-two weeks from the date of the birth of the child.
3.2
The pregnancy leave of an employee who is not entitled to take parental leave shall end on the later of the day that is seventeen (17) weeks after the pregnancy leave began or the day that is six (6) weeks after the birth, still birth or miscarriage, whichever is later.
4
Leave for Parent Not Taking Parental Leave
4.1
On the occasion of the birth of a child or the adoption of child under the age of 12 coming into the care or custody of a parent for the first time, the child's parent who is not taking the pregnancy or the parental leave shall be entitled to a leave with full salary and benefits of up to six (6) weeks, to be taken at the discretion of the employee.
5
Parental Leave on the Occasion of the Birth of a Child
5.1
On the occasion of the birth of a child, an employee who is a parent and who has opted to take parental leave under the Employment Insurance Act and applicable legislation shall be entitled to a parental leave of up to thirty-five (35) weeks.
5.2
During the period of parental leave as specified in Article 5.1, an employee, shall receive from the employer:
(a) an amount equal to the difference between the EI benefits received by the employee and 100% of the employee's nominal salary.
(b) Further, in the event of any reduction by the Government of Canada to the employee's EI benefit entitlement, an amount necessary to ensure that the employee receives the top-up described in article 5.2 (a)
5.3
If the employee is disentitled or disqualified from receiving EI benefits or should EI cease to provide coverage for parental benefits or adjust the amount of benefits that were received, the employer shall maintain the employee at 100% of his/her nominal earnings for the period of his/her leave.
6
Parental Leave on the Occasion of the Adoption of a Child
6.1
On the occasion of the adoption of a preschool child coming into the care or custody of a parent for the first time, an employee who is a parent shall be entitled to a parental leave of up to thirty-seven (37) weeks.
6.2
During the period of parental leave as specified in Article 6.1, an employee shall receive from the employer:
(a) for the first two (2) weeks, 100% of his/her nominal salary;
(b) for up to a maximum of 35 additional weeks, an amount equal to the difference between the EI benefits received by the employee and 100% of the employee's nominal salary.
(c) Further, in the event of any adjustment by the Government of Canada to the employee's EI benefit entitlement, the employer shall pay to the employee the amount necessary to ensure that the employee receives the top-up described in article 6.2(b)
6.3
If the employee is disentitled or disqualified from receiving EI benefits or should EI cease to provide coverage for parental benefits or adjust the amount of benefits that were received, the employer shall maintain the employee at 100% of his/her nominal earnings for the period of her leave.
7
Notice Required for Parental Leave
7.1
An employee shall give written notice to the employer of his or her intention to take a parental leave at least four (4) weeks prior to the commencement of such leave. The notice period may be altered by mutual agreement.
7.2
The notice period in Article 7.1 shall not apply if the employee stops working because the child comes into the custody, care and control of the parent sooner than expected.
8
Extended Parental Leave
8.1
An extended parental leave without pay, up to a maximum of one (1) year, shall be given to employees who request it.
9
General Considerations
9.1
During leaves under this Article, the employee shall continue to participate in the pension plan and the other benefit plans set out in this collective agreement. The employee and the employer shall each continue to pay their applicable share of contributions and/or premiums, unless the employee elects not to do so in writing.
9.2
Nothing in this Article shall prevent an employee from claiming sick leave for absences from work due to illnesses.2
9.3
Upon return to work, an employee who has taken leaves under this Article shall resume his/her former position with his/her full nominal salary and benefits as provided for under this collective agreement.
9.4
The period of an employee's leave shall be included in the calculation of his or her length of service for seniority purposes.
9.5
An employee on pregnancy or parental leave may elect to defer contractual decisions on reappointment or tenure/permanence by an equivalent period of time. When an employee elects to defer such decisions, he/she shall provide the Dean, or equivalent, with written notice of his/her intention to do so.
9.6
The parties agree that the provisions of this Article shall be no less than those in the "provincial employment standards act/legislation" and Employment Insurance Act as may be further amended. Differences in the interpretation of this Article shall be resolved based on consistency with the acts.
NOTE:
Recent Supreme Court jurisprudence and legislative amendments granting same sex partners some of the same legal rights and responsibilities as heterosexual couples may also affect the drafting of clauses on leave. Members are encouraged to ensure that their clauses are consistent with these new legal obligations and that their non-discrimination clauses ensure equity.
Approved by CAUT Council, November 2001.
1. Ensure that "nominal salary" has been defined in your collective agreement to include any adjustment as specified in agreement.
2. Please note that sickness benefits are available under the EI Act and that sickness benefits can be received in addition to maternity or parental benefits to a maximum of 50 weeks of combined maternity, parental and sickness benefits in one benefit period. Please check the applicable EI regulations.
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