Parental Leave (a) A nurse who becomes a parent of a child is eligible to take a parental leave in accordance with the provisions of the Employment Standards Act, except where amended in this provision.
(b) A nurse who has taken a pregnancy leave under Article 11.07 is eligible to be granted a parental leave of up to thirty-five (35) weeks' duration, in accordance with the Employment Standards Act. A nurse who is eligible for a parental leave who is the natural father or is an adoptive parent may extend the parental leave for a period of up to twelve (12) months’ duration, consideration being given to any requirements of adoption authorities. In cases of adoption, the nurse shall advise the hospital as far in advance as possible with respect to a prospective adoption and shall request the leave of absence, in writing, upon receipt of confirmation of the pending adoption. If, because of late receipt of confirmation of the pending adoption, the nurse finds it impossible to request the leave of absence in writing, the request may be made verbally and subsequently verified in writing.
(c) The nurse shall be reinstated to her or his former position, unless that position has been discontinued, in which case the nurse shall be given a comparable job.
(d) Nurses newly hired to replace nurses who are on approved parental leave may be released and such release shall not be the subject of a grievance or arbitration. If retained by the Hospital, in a permanent position, the nurse shall be credited with seniority from date of hire subject to successfully completing her or his probationary period. The nurse shall be credited with xxxxx worked (hours worked for nurses whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 10.01 (a) to a maximum of 30 tours (225 hours for nurses whose regular hours of work are other than the standard work day). The Hospital will outline to nurses hired to fill such temporary vacancies, the circumstances giving rise to the vacancy and the special conditions relating to such employment.
(e) On confirmation by the Employment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, a nurse who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act shall be paid a supplemental employment benefit. That benefit will be equivalent to the difference between eighty-four (84%) percent of the nurse's regular weekly earnings and the sum of her or his weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two week Employment Insurance waiting period, and receipt by the Hospital of the employee's Employment Insurance cheque stub as proof that she or he is in receipt of Employment Insurance parental benefits and shall continue while the nurse is in receipt of such benefits for a maximum period of ten (10) weeks. The nurse's regular weekly earnings shall be determined by multiplying her or his regular hourly rate on her or his last day worked prior to the commencement of the leave times her or his normal weekly hours. The normal weekly hours for a part-time employee shall be calculated by using the same time period used for calculation of the Employment Insurance benefit (currently 26 weeks). The employee does not have any vested right except to receive payments for the covered employment period. The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.
Return from Leave of Absence (a) Before a Nurse may return to work from a leave granted under Article 9.00, she or he must provide a minimum of four (4) weeks written notice of the specific date of his or her return to work, or such shorter time as mutually agreed.
(b) Upon return from an approved Unpaid Leave of Absence, a Nurse shall be reinstated to her or his former position unless the position has been discontinued, in which case the Nurse shall be appointed to an equivalent position.
(c) This clause requiring four (4) weeks written notice, does not apply to other leaves granted by an express provision of this Collective Agreement with different requirements for written notice.
Parental Leave Allowance
(a) An employee who qualifies for parental leave pursuant to Article 35.03, shall be paid a parental leave allowance in accordance with the Supplemental Employment Benefit (SEB) Plan. In order to receive this allowance, the employee must provide to the Employer proof of application and eligibility to receive employment insurance benefits pursuant to the Employment Insurance Act. An employee disentitled or disqualified from receiving employment insurance benefits is not eligible for parental leave allowance.
(b) Pursuant to the Supplemental Employment Benefit (SEB) Plan and subject to leave apportionment pursuant to Article 35.03(b), the parental leave allowance will consist of a maximum of ten (10) weekly payments, equivalent to the difference between the employment insurance gross benefits and any other earnings received by the employee, and seventy-five (75) percent of the employee’s basic pay.
Parental Leave of Absence A. Female unit members may use any or all accumulated leave during pre and post-natal care for that period of time she is temporarily disabled, as determined by the unit member and her physician.
B. Unit members desiring to use any or all accumulated leave during a period of pregnancy or post-natal care should state this in writing to the Office of Human Resources and Employee Relations using the FMLA paperwork.
C. Unit members who use any or all accumulated leave as a temporary disability during pre- and post- natal care must return to active service as soon as her physical health permits according to her physician; unless she requests a leave of absence without pay or she resigns.
D. Any non-probationary female unit member who does not wish to use any or all accumulated [sick] leave during pre- and/or post-natal care shall be granted a leave of absence without pay provided that a reasonable notice in writing to the Office of Human Resources and Employee Relations is made in advance.
E. Unit members using a leave of absence without pay for pre-natal care, adoption, post-natal care and/or child rearing (not to exceed a period of one (1) year in duration and taken within the first year after birth or adoption) shall have the opportunity to continue benefit programs provided to unit members. Unit members with at least one (1) year of experience with the Xxxxxxx County Board of Education will be required after the first twelve (12) weeks to assume the Board’s share of the premium in addition to any premiums he/she theretofore paid for dependent coverage. Provided that a written, advanced request is made to the Office of Human Resources and Employee Relations the employee on such leave will be offered employment upon expiration of the leave in the first available position in their classification for which they are qualified. The request should be made at least thirty (30) days prior to the return and should include the anticipated date of return. If the return is within ninety (90) duty days and such return is stipulated at the beginning of the leave, the same position shall be offered.
F. Adoptive parents may use up to twelve (12) weeks in compliance with Family Medical Leave Act (FMLA) of any or all accumulated leave for the purpose of adoption and/or bonding.
G. If using combined sick leave and leave without pay teachers who have at least one (1) year experience with the Xxxxxxx County Board of Education will have premiums paid for a total of twelve (12) weeks per year in accordance with the terms of the FMLA, and have their position held prior to such leave.
Annual Leave 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Return from Leave (a) On return from leave, an employee will be placed in their former position.
(b) Vacation entitlement, not vacation pay, will continue to accrue while an employee is on leave pursuant to Clause 21.1 (Maternity Leave) or Clause 21.2 (Parental Leave).
Medical Leave of Absence Where you have a medical leave of absence due to any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than six months, and you have not returned to employment with the Company or an Affiliate, a Separation from Service has occurred on the earlier of: (A) the first day on which you would not be considered “disabled” under any disability policy of the Company or Affiliate under which you are then receiving a benefit; or (B) the first day on which your medical leave of absence period exceeds 29 months.
Maternity/Parental Leave The term of the temporary posting shall be for the term of the illness or maternity/parental leave but shall not exceed eighteen (18) continuous months.
Parental Leave Without Pay (a) Where an employee has or will have the actual care and custody of a new- born child (including the new-born child of a common-law spouse), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee’s care.
(b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child comes into the employee’s care.
(c) Notwithstanding paragraphs (a) and (b):
(i) where the employee’s child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay, or
(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized, the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee’s care.
(d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of birth of the employee’s child (including the child of a common-law spouse), or the date the child is expected to come into the employee’s care pursuant to paragraphs (a) and (b).
(e) The Employer may,
(i) defer the commencement of parental leave without pay at the request of the employee;
(ii) grant the employee parental leave without pay with less than four
Pregnancy/Parental Leave Pregnancy/Parental Leave will be granted in accordance with the provisions of the Employment Standards Act as amended from time to time.
(a) The service requirement for eligibility for pregnancy/parental leave shall be thirteen (13) weeks.
(b) The Nurse shall give written notification which shall include the expected date of return and a certificate from a legally qualified medical practitioner at least two (2) weeks in advance of the date of commencement of such leave. This notice will be waived in the event of pregnancy complications, premature birth or the sudden coming into care of an adopted child.
(c) The Nurse has the right to return to their former position, if it still exists, or to a comparable position, if it does not.
(d) The Nurse shall be granted seventeen (17) weeks pregnancy leave and up to sixty-one (61) weeks of parental leave. Natural mothers, if they take parental leave, must take it at the end of the pregnancy leave, or such time as the child comes into their care, but not more than fifty-two (52) weeks after the child is born or comes into care.
I.) waiting period.
(e) A Nurse shall be permitted to commence their pregnancy leave at any time up to seventeen (17) weeks before the expected date of delivery.
(f) During pregnancy/parental leave a Nurse shall continue to accumulate seniority rights for all purposes and the Employer must continue to make Employer contributions to pension, life insurance, accidental death, extended health and dental plans unless the employee has advised the Employer, in writing, that they do not wish to continue to make the employee contributions to such plans.
(g) Parents shall be defined to include adoptive parents and a person in a relationship of some permanence with the natural or adoptive mother or father of the child and who intends to treat the child as own.
(h) A Nurse shall have the right to a personal leave of absence without pay to commence immediately following a parental/pregnancy/ adoption leave of absence, provided the sum of all such leaves of absence do not exceed twelve continuous months per pregnancy/ adoption.
