FMLA Leave The Board agrees to comply with the Family and Medical Leave Act and agrees that any policy adopted to implement the FMLA shall in no way reduce or adversely impact any other provision of this Agreement.
Carer’s Leave An employee may use up to 10 days accrued sick days as carers leave to tend to the care for members of the employee’s immediate household. The leave will be subject to the employee providing reasonable proof of the need for the use of xxxxx’s leave. In circumstances where the employee has exhausted all of the paid leave, a further 2 days unpaid leave may be taken.
Personal/Carer’s Leave 18.1 Entitlement to paid personal/carer’s leave
a) Paid personal leave will be available to an Employee (other than casual Employees) when they are absent due to:
(i) personal illness or injury (sick leave); or
(ii) for the purposes of caring for an immediate family or household member who is sick and requires the Employee's care and support (carer's leave).
b) The amount of personal leave to which an Employee is entitled is as follows:
(i) Upon commencement of employment Employees will automatically be credited with 5 days Personal and/or Xxxxx’s leave. After 6 months of employment, the leave will begin to accrue progressively up until it reaches 10 days at the conclusion of 12 months employment.
(ii) Once the Employee has completed one year of continuous employment, the Employee shall be credited with a further ten days personal leave entitlement at the beginning of the Employee's second and subsequent year, which subject to clause 18.1(f) hereof, shall commence on the anniversary of engagement.
c) In any year unused personal leave accrues.
d) An Employee will inform the Company of the Employee's inability to attend for duty, and need to take personal leave, as soon as practicable.
e) An Employee shall prove to the Company's satisfaction that the Employee’s Personal/Xxxxx’s leave is/was justified. Such evidence may be a medical practitioner’s certificate, or a statutory declaration. An Employee will not be required to provide such evidence for single days of absence but only where two or more consecutive days of absence are taken.
f) If an Employee’s employment is terminated by the Company and is re-engaged within a period of six months, then the Employee's unclaimed balance of sick leave shall continue from the date of re-engagement. In such case the Employee's next year of service will commence after a total of twelve months has been served with that Company excluding the period of interruption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.
g) Unpaid carer’s leave will be in accordance with the NES.
18.2 Immediate family or household
a) The entitlement to use personal leave for the purpose of carer's or compassionate leave is subject to the person being either:
(i) a member of the Employee's immediate family; or
(ii) a member of the Employees' household.
b) The term immediate family includes:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the Employee; or
(ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the Employee.
Child Rearing Leave Subd. 1 Child rearing leave of absences shall be available to teachers for a period of time, not to exceed twelve (12) calendar months, for the purpose of caring for a newborn infant or pre-school adopted child for which the applicant has the legal responsibility for the care and/or support of said child. Such leave may be taken subsequent to birth of the teacher's child, or in the case of adoption, when the child is physically turned over to the teacher-parent.
a. At least two (2) calendar months prior to the estimated delivery date of the child, the employee shall be required to notify the Employer in writing whether or not the employee intends to take child rearing leave. This election may be changed at any time before the teacher is no longer disabled from working due to childbirth or pregnancy related disability or before the fifteenth (15th) day after the birth of the child, whichever is sooner.
b. Upon filing an application for adoption of a pre-school child, the employee shall be required to notify the Employer, in writing, of the teacher's intention to take a child rearing leave. Such notice to include the estimated date when such leave shall become effective.
Subd. 3 In connection with the election to take child rearing leave, the teacher shall submit a request for such leave in writing. Such request shall include an estimated commencement date and return date. The estimated commencement date shall be the physician's projected date the teacher will no longer be disabled from teaching due to childbirth or pregnancy related disability, or in the case of an adoption, the agency's estimated date when the child will be turned over to the parent.
Subd. 4 In making the final determination under Subd. 3 concerning the duration of a child rearing leave of absence, the Employer shall not be required to grant a leave of absence in excess of two (2) semesters. The actual commencement date of child rearing leave shall be the date on which the teacher is no longer disabled due to childbirth and pregnancy related disability as determined by the physician; or, in the case of an adoption, the date when the child is physically turned over to the teacher-parent. The return date shall be twelve (12) calendar months following the actual commencement of the leave except as may be provided in Subd. 7.
Donor Leave An employee shall be granted the necessary leave of absence with pay for the purpose of donating bone marrow or an organ.
Health Leave Any regular employee of the District may, at the discretion of the Board, be granted a leave of absence without pay for reasons of health, such leave to be specified for a period of not more than one year. Such leave may be extended in case of serious health conditions.
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.
PERSONAL/XXXXX’S LEAVE 7.3.1 All full time employees shall be entitled to accrue paid personal / carer's leave on the basis of 10 days per year (or pro-rata thereof for any period less than one year). Part-time employees are entitled to a pro-rata benefit. Paid personal / carer's leave is cumulative.
7.3.2 All accrued personal leave shall be available for use as carer's leave in accordance with the provisions outlined below.
7.3.3 As part of its commitment to provide a family-friendly workplace, the employer will allow employees to use any amount of accrued personal /xxxxx's leave to enable employees to:
(a) provide primary care to partners, children and/or other household or family members.
(b) attend the funerals of family or household members or close family relatives (if compassionate leave is not available in the circumstances).
7.3.4 The leave provided for in this clause will be granted subject to the following:
(a) The employee must notify the employer of the reason and likely duration of the absence before 7.00 am on the first day of the absence, unless this is not possible due to an unexpected emergency in which case the employee must notify the employer as soon as practicable.
(b) Where circumstances permit, an employee must endeavour to arrange leave to minimise the impact on operational needs.
(c) The provision of appropriate documentary evidence.
1. For sick leave, a medical certificate or if not reasonably practicable to provide a medical certificate- a statutory declaration made by the employee.
2. For xxxxx's leave, a medical certificate in respect to the family or household member, or a statutory declaration by the employee.
3. For compassionate leave, any evidence that the employer reasonably requires.
7.3.5 The employee is not entitled to take more than 10 days of paid xxxxx’s leave (1/26th of the nominal hours worked by the employee) per year, regardless of the amount of personal leave the employee has accumulated over time.
7.3.6 An employee may request to cash out any amount of paid personal/carer’s leave that they have accrued that is excess of 3/52 of the number of nominal hours worked over the past 12 months. For example, an employee working 38 hours per week over 12 months must retain 15 days of paid personal/carer’s leave and may cash out any further personal/carer’s leave that has been accumulated.
7.3.7 In addition to the above, a request to cash out personal/carer’s leave will only be granted where:
(a) the employee elects to cash out their leave in writing; and
(b) the employer agrees.
7.3.8 Casual Employees engaged in continuous service shall be entitled to personal leave limited to the provision of sub clause 7.3.
Maternity Leave 16.01 Upon written request on the appropriate form by a pregnant Employee, the University shall grant maternity leave consistent in timing and duration with the Employment Standards Act of New Brunswick. The application is to be made no later than two (2) weeks prior to the date that she intends to begin her leave and should specify the duration of the leave. A medical certificate specifying the expected date of delivery is to be attached to the application.
16.02 A pregnant employee may wish to continue working up to the expected date of delivery and may do so, if in the opinion of her physician she is able to fulfill her normal job responsibilities. No pregnant employee will be allowed to work in an area that may be hazardous to her health or to that of her child. The employee may be transferred by the Employer if appropriate alternate employment is available.
16.03 An early return to work, following delivery, will require a medical certificate indicating that the employee is medically fit for work.
16.04 Following the period of maternity leave, the employee will normally return to her former position. If this is not possible, she will be placed in an equivalent level of position.
16.05 A period of maternity leave may be extended by applying for an unpaid leave of absence under Article 18, Parental leave under Article 16A or by taking vacation time, if approved by the Employer. Such a request will not be unreasonably refused.
16.06 Upon completion of the initial probationary period of continuous employment, a female employee who provides the Employer with proof that she has applied for and is eligible to receive Employment Insurance benefits, shall be paid a maternity leave allowance in accordance with a plan registered with the Canada Employment Insurance Commission as a Supplementary Unemployment Benefit Plan (S.U.B.).
16.07 Under the provisions of the S.U.B. plan, the Employee's salary will be maintained at 95% of her regular weekly earnings for a maximum of 17 weeks of maternity leave. This plan allows the Employer to make up the difference between the C.E.I.C. maternity leave benefits up to 95% of the Employee's regular weekly earnings. The Employee is required to apply for the C.E.I.C. maternity leave benefit and must be eligible for the benefit for this plan to apply (as specified in the appropriate sections of the Employment Insurance Regulations). Contributions to the pension and benefit plans shall continue on the part of the Employee and the University on the basis of 100% of salary.
16.08 Employees have no vested right to payments under the plan except to payments during a period of unemployment specified in the plan (57 (13(h) of the E.I. Regulations).
16.09 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.
16.10 Employees must apply for and must be in receipt of employment insurance benefits to receive payments under the plan.
Casual Leave Employees may be granted casual leave with pay to a maximum of two (2) hours for the following purposes: