Employee not returning. An employee who takes parental leave shall not terminate his or her employment before the leave expires or when it expires without giving the employer at least four weeks’ written notice of the termination.
Employee not returning. An employee who takes pregnancy leave shall not terminate her employment before the leave expires or when it expires without giving the employer at least four weeks’ written notice of the termination.
Employee not returning. (4) An employee who takes pregnancy leave shall not terminate her employment before the leave expires or when it expires without giving the employer at least four weeks’ written notice of the termination. 2000, c. 41, s. 47 (4).
(5) Subsection (4) does not apply if the employer constructively dismisses the employee. 2000, c. 41, s. 47 (5).
18.02 Parental leave shall be granted in accordance with the Employment Standards Act, 2000 as amended from time to time. What follows are the parental provisions of the Employment Standards Act, 2000 in place at the time this Collective Agreement was executed:
(1) An employee who has been employed by his or her employer for at least 13 weeks and who is the parent of a child is entitled to a leave of absence without pay following the birth of the child or the coming of the child into the employee’s custody, care and control for the first time. 2000, c. 41, s. 48 (1).
(2) An employee may begin parental leave no later than 52 weeks after the day the child is born or comes into the employee’s custody, care and control for the first time. 2000, c. 41, s. 48 (2).
(3) An employee who has taken pregnancy leave must begin her parental leave when her pregnancy leave ends unless the child has not yet come into her custody, care and control for the first time. 2000, c. 41, s. 48 (3).
(4) Subject to subsection (6), an employee wishing to take parental leave shall give the employer written notice at least two weeks before the day the leave is to begin. 2000, c. 41, s. 48 (4).
(5) An employee who has given notice to begin parental leave may begin the leave,
a) on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before that earlier day; or
b) on a later day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before the day set out in the original notice. 2000, c. 41, s. 48 (5). If child earlier than expected
(6) If an employee stops working because a child comes into the employee’s custody, care and control for the first time earlier than expected,
a) the employee’s parental leave begins on the day he or she stops working; and
b) the employee must give the employer written notice that he or she is taking parental leave within two weeks after stopping work. 2000, c. 41, s. 48 (6).
