Common use of Maternity and Parental Leave Without Pay Clause in Contracts

Maternity and Parental Leave Without Pay. (a) 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 no later than seventeen (17) weeks after the termination date of pregnancy. Where an employee has or will have actual care and custody of a newborn child, (including the new-born child of a common-law spouse) commences legal proceedings to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall be granted parental leave without pay upon request for a single period of up to thirty seven (37) consecutive weeks in the fifty two (52) week period commencing on the day on which the child comes into the employee's care. Notwithstanding paragraphs (a) and where the employee's child is hospitalized and the employee has not yet proceeded on maternity or parental leave without pay, or where the employee has proceeded on maternity and/or 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 maternity and/or parental leave without pay specified in the original leave request may be extended by a period equal to the child's hospitalization during which the employee was not on maternity and/or parental leave without pay (to a maximum of seventeen (17) weeks for maternity leave). However the extension shall end not later than one hundred and four (104) weeks after the termination date of pregnancy or the day the child comes into the employee's care. The Agency may require an employee to submit a medical certificate certifying pregnancy, or submit a birth certificate or proof of adoption. An employee shall inform the Agency in writing of plans for taking maternity and/or parental leave without pay to cover the absence from work at least four (4) weeks in advance of the initial date of continuous leave of absence, unless there is a valid reason why the notice cannot be given. Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes. Parental leave without pay taken by a couple employed by the Agency shall not exceed a combined total of thirty seven (37) weeks. An employee who has not commenced maternity leave without pay may elect to: use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates; use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article Sick Leave With Pay, shall include medical disability related to pregnancy. The Agency may: defer the commencement of parental leave without pay at the request of the employee; grant the employee parental leave without pay with less than four (4) weeks' notice.

Appears in 2 contracts

Samples: negotech.labour.gc.ca, www.sdc.gov.on.ca

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Maternity and Parental Leave Without Pay. (a) An employee shall notify the Employer in writing, at least four (4) weeks in advance of the initial date of the intended period of leave under this Article unless there is a valid why the notice could not be given. Leave granted to any two employees under this Article shall not exceed the aggregate amount of fifty-two (52) weeks leave in respect of the same child. An employee who becomes pregnant shall, upon request, be granted maternity and/or parental leave without pay for a period beginning before, on or after the termination date of pregnancy and ending no later than seventeen provided that the combined in total shall not exceed fifty-two (1752) weeks after of leave. Subject to the termination date provisions of pregnancy. Where Article an employee who has or will have actual come into the care and custody of a newborn child and who has accepted custody of the child, (including or an employee who has come into the new-born child care and custody of a common-law spouse) commences legal proceedings to adopt a child or obtains an order under through the laws completion of a province for the adoption of a childprocess, the employee shall shall, upon request, be granted parental leave without pay upon request for a single period commencing on or after the date of up to thirty seven (37) consecutive weeks in care and custody provided that the fifty combined shall not exceed fifty-two (52) week weeks of leave. Where the employee’s newborn child is born prematurely, or is born with or contracts a condition that requires hospitalization during the period commencing on of leave defined in Article and the day on employee returns to work during all or any part of any periods which the child comes into the employee's care. Notwithstanding paragraphs (a) and where the employee's newborn child is hospitalized and as a result, the employee has not yet proceeded on maternity or parental may subsequently resume the unused leave without pay, or where the employee has proceeded on maternity and/or 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 maternity and/or parental leave without pay specified provided in the original leave request may be extended by a period equal to the child's hospitalization during which the employee was not on maternity and/or parental leave without pay (to a maximum of seventeen (17) weeks for maternity leave). However the extension shall end not later than one hundred and four (104) weeks after the termination date of pregnancy or the day the child comes into the employee's care. The Agency may require an employee to submit a medical certificate certifying pregnancy, or submit a birth certificate or proof of adoption. An employee shall inform the Agency in writing of plans for taking maternity and/or parental leave without pay to cover the absence from work at least four (4) weeks in advance of the initial date of continuous leave of absence, unless there is a valid reason why the notice cannot be given. Clause Leave granted under this clause Article shall count be counted for the calculation of "continuous employment" vacation leave credits, sick leave accrual, service for the purpose of calculating severance pay and "service" for the purpose of calculating pay, vacation leave. Time spent on such leave shall count for , and pay increment purposes. Parental leave without pay taken by a couple employed by the Agency shall not exceed a combined total of thirty seven (37) weeks. An employee who has not commenced maternity leave without pay may elect to: use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates; use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article Sick Leave With Pay. For purposes of increments under this subparagraph, the terms "illness" or "injury" used in Article Sick Leave With Pay, shall include medical disability related to pregnancy. The Agency may: defer the commencement of parental leave without pay at the request of the employee; grant the employee parental leave without pay with less than four (4) weeks' noticeAgreement.

Appears in 1 contract

Samples: Collective Agreement

Maternity and Parental Leave Without Pay. (a) 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 no later than seventeen (17) weeks after the termination date of pregnancy. Where an employee has or will have actual care and custody of a newborn child, (including the new-new born child of a common-common law spouse) commences legal proceedings to adopt a child or obtains an order under the laws of a province for the adoption of a child), the employee shall be granted parental leave without pay upon request for a single period of up to thirty seven (37) consecutive weeks in the fifty two (52) week period commencing on the day on which the child comes into the employee's care. Notwithstanding paragraphs Where an employee commences legal proceedings to adopt a child or obtains an order for the adoption of a child, the employee shall be granted parental leave without pay upon request for a single period of up to seven (37) consecutive weeks in the fifty two (52) week period commencing on the day on which the child comes into the employee's care. paragraph (a) ), and where the employee's child is hospitalized and the employee has not yet proceeded on maternity or parental leave without pay, or where the employee has proceeded on maternity and/or 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 maternity and/or parental leave without pay specified in the original leave request may be extended by a period equal to the child's hospitalization during which the employee was not on maternity and/or parental leave without pay (to a maximum of seventeen (17) weeks for maternity leave)pay. However However, the extension shall end not later than one hundred and four (104) weeks after the termination date of pregnancy or the day the child comes into the employee's care. The Agency Employer may require an employee to submit a medical certificate certifying pregnancy, or submit a birth certificate or proof of adoption. An employee shall inform the Agency Employer in writing of plans for taking maternity and/or parental leave without pay to cover the absence from work at least four (4) weeks 4)weeks in advance of the initial date of continuous leave of absence, unless there is a valid reason why the notice cannot be given. Maternity and Parental Leave granted under this clause Article shall count for the calculation of "continuous employment" for the purpose of calculating severance pay '' and "continuous service." for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes. Parental leave without pay taken by a couple employed by the Agency Employer shall not exceed a combined total of thirty seven (37) weeks. An employee who has not commenced maternity leave without pay may elect to: use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates; use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article Sick Leave With Pay, shall include medical disability related to pregnancy. The Agency Employer may: defer the commencement of parental leave without pay at the request of the employee; grant xxxxx the employee parental leave without pay with less than four (4) weeks' notice.

Appears in 1 contract

Samples: Collective Agreement

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Maternity and Parental Leave Without Pay. (a) 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 no not later than seventeen eighteen (1718) weeks after the termination date of pregnancy. Where an employee has or will have actual care and custody of a newborn child, (including the new-born child of a common-law spousepartner) or commences legal proceedings to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall be granted parental leave without pay upon request for a single period of up to thirty thirty-seven (37) consecutive weeks in the fifty fifty-two (52) week period commencing on the day on which the child comes into the employee's ’s care. Notwithstanding paragraph above, at the request of an employee and at the discretion of the Employer, the leave referred to in paragraph above may be taken in two periods. Notwithstanding paragraphs (a) and where the employee's child is hospitalized and the employee has not yet proceeded on maternity or parental leave without pay, or where the employee has proceeded on maternity and/or parental leave without pay and then returns to work for all or part of the period during which his or her the employee's child is hospitalized, the period of maternity and/or parental leave without pay specified in the original leave request may be extended by a period equal to the child's hospitalization during which the employee was not on maternity and/or parental leave leave, without pay (to a maximum of seventeen eighteen (1718) weeks for maternity leave). However However, the extension shall end not later than one hundred and four fifty-two (10452) weeks after the termination date of pregnancy or the day the child comes into the employee's care. The Agency may require an employee to submit a medical certificate certifying pregnancy, or submit a birth certificate or proof of adoption. An employee shall inform the Agency in writing of plans for taking maternity and/or parental leave without pay to cover the absence from work at least four (4) weeks in advance of the initial date of continuous leave of absence, unless there is a valid reason why the notice cannot be given. Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes. Parental leave without pay taken by a couple employed by the Agency shall not exceed a combined total of thirty seven (37) weeks. An employee who has not commenced maternity leave without pay may elect to: use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates; use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article Sick Leave With Pay, shall include medical disability related to pregnancy. The Agency may: defer the commencement of parental leave without pay at the request of the employee; grant the employee parental leave without pay with less than four (4) weeks' notice.

Appears in 1 contract

Samples: negotech.service.canada.ca

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