Maternity Disability Leave Parental Leave
Pregnancy Disability Leave
A. Leave for pregnancy or childbirth related disability is in addition to any leave granted under FMLA or WFLA.
B. Pregnancy disability leave will be granted for the period of time that an employee is sick or temporarily disabled because of pregnancy and/or childbirth. An employee must submit a written request for disability leave due to pregnancy and/or childbirth in accordance with agency policy. An employee may be required to submit medical certification or verification for the period of the disability. Such leave due to pregnancy and/or childbirth may be a combination of sick leave, vacation leave, personal holiday, compensatory time, exchange time and leave without pay. The combination and use of paid and unpaid leave will be the choice of the employee.
Maternity Leave Allowance
(a) An employee who qualifies for maternity leave pursuant to Clause 21.1, shall be paid a maternity 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 that she has applied for and is eligible 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 maternity leave allowance.
(b) Pursuant to the Supplemental Employment Benefit (SEB) Plan, the maternity leave allowance will consist of 15 weekly payments equivalent to the difference between the employment insurance gross benefits and any other earnings received by the employee and 85% of the employee's basic pay.
Disability Leave a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Maternity Leave (i) The Employee who intends to take maternity leave shall provide their Manager/Chair and Human Resources at least six (6) weeks' notice in writing of the expected date of delivery of the child, specifying the proposed duration of leave.
(ii) The maternity leave may commence up to twelve (12) weeks immediately before the estimated date of delivery.
(iii) An Employee taking maternity leave shall be eligible to receive benefits in accordance with the University’s Supplementary Unemployment Benefit (SUB) Plan. The SUB Plan supplements Employment Insurance (EI) benefits during the maternity leave.
(iv) The parties acknowledge that subject to the requirements of Employment and Social Development Canada, the Supplemental Employment Insurance Benefit Plan (“SUB” plan) shall remain in effect for the duration of this Agreement.
(v) In order to be eligible to receive benefits under the University’s SUB Plan, an Employee must: - be eligible for a maternity leave in accordance with statement in 23.1 above; - commence maternity leave prior to or on the date of delivery; - apply for and be eligible for Employment Insurance benefits.
(vi) The period of eligibility for the SUB Plan is seventeen (17) weeks.
a. The SUB Plan provides: - ninety-five (95) percent of the Employee’s regular salary during the waiting period; and - the calculation will be based on an Employee taking a twelve (12) month leave.
b. Changes made to the maternity leave program by Service Canada will be reflected in the University’s Maternity Leave Policy.
c. The total amount of the SUB plan payments will be divided evenly over the pay periods during the 17 week period.
(vii) An Employee who commences maternity leave may continue all benefits they are enrolled in prior to the leave subject to the provisions of the Carrier during her maternity leave. The payment of benefit premiums shall be shared between the Board and Employee as per Article 27.1(c), Article 27.1(d), and Article 27.1(e).
(viii) An Employee granted leave without pay for maternity reasons pursuant to the statement in 23.1 shall be returned to the Employee’s former position or be placed in a comparable position for which the Employee is qualified provided that the Employee indicates intention to return to work by notifying the University four (4) weeks before the intended date of return.
(ix) Service with the University continues to accrue for the duration of the maternity leave, up to a maximum of one (1) year, for the purposes of vacation entitlement and Employee award only. Employees do not accrue actual vacation hours while on maternity leave from the University.
Paternity Leave 7.4.6(a) An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:
Paid Maternity Leave Upon written request to the Chair/Xxxx/Director indicating the expected date of delivery, a female employee shall be entitled to paid maternity leave of up to seventeen thirty-fifths of the period of her Appointment Contract(s). Requests for Maternity Leave will be made as soon as practicable, and normally no later than one month before the intended start-date of the leave.
Employment During Unpaid Maternity Leave Where less than the 52 weeks Other Parent Leave is taken paid or unpaid, the unused portion of the leave cannot be banked or preserved in any way.
Maternity Leave Without Pay (1) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.
(a) Notwithstanding 35.7(A)(1):
(i) where the employee’s new-born child is hospitalized within the period defined in 35.7(A)(1); and
(ii) where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence of the Council, returns to work for all or part of the period during which her new- born child is hospitalized; the period of maternity leave without pay defined in 35.7(A)(1) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee returned to work, to a maximum of eighteen (18) weeks.
(b) The extension described in 35.7(A)(1)(a) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
(2) At its discretion, the Council may require an employee to submit a medical certificate certifying pregnancy.
(3) An employee who has not commenced maternity leave without pay may elect to:
(a) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
(b) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave Article. For purposes of this clause, illness or injury as defined in the Sick Leave Article shall include medical disability related to pregnancy.
(B) An employee shall inform the Council in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur.
(C) Leave granted under this clause shall be counted for the calculation of “continuous employment” or “service” as applicable for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment purposes.
Special maternity leave (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.
