Maternity Benefit. (A) An employee who has been granted maternity leave without pay shall be paid a maternity benefit in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in sub-clause 28.04 (C), provided that she: (1) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay; (2) provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer; and (3) has signed an agreement with the Employer stating that: (a) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave; (b) following her return to work, as described in clause (a), she will work for a period equal to the period she was in receipt of the maternity benefit; (c) should she fail to return to work in accordance with clause (a), or should she return to work but fail to work for the total period specified in clause (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in clause (b), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows; (allowance received) X (remaining period to be worked following her return to work) [total period to be worked as specified in (b)] however, an employee whose specified period of employment expired and who is rehired by the House of Commons within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in paragraph (b). (B) For the purpose of sub-clauses 28.04 (A) (3) (b), and (c) periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in clause (A) (3) (b), without activating the recovery provisions described in clause (A) (3) (c). (C) Maternity benefits paid under the SUB Plan will consist of the following: (1) (a) where an employee is subject to a waiting period before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Maternity Benefit.
(A) An employee who has been granted maternity leave without pay shall be paid a maternity benefit in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in sub-clause 28.04 (C), provided that she:
(1) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay;
(2) provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer; and
(3) has signed an agreement with the Employer stating that:
(a) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
(b) following her return to work, as described in clause (a), she will work for a period equal to the period she was in receipt of the maternity benefit;
(c) should she fail to return to work in accordance with clause (a), or should she return to work but fail to work for the total period specified in clause (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in clause (b), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows; (allowance received) X (remaining period to be worked following her return to work) [total period to be worked as specified in (b)] however, an employee whose specified period of employment expired and who is rehired by the House of Commons within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in paragraph (b).
(B) For the purpose of sub-clauses 28.04 (A) (3) (b), and (c) periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in clause (A) (3) (b), without activating the recovery provisions described in clause (A) (3) (c).
(C) Maternity benefits paid under the SUB Plan will consist of the following:
(1) (a) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period; and
(b) for each week in respect of which the employee receives maternity benefits under the Employment Insurance or the Quebec Parental Insurance Plan, the difference between the gross weekly amount of the maternity benefits she is eligible to receive and nine-three per cent (93%) of her weekly rate of pay, less any other monies earned during this period which may result in a decrease in the maternity benefits to which she would have been eligible if no extra monies had been earned during this period.
(2) At the employee’s request, the payment referred to in sub-paragraph 28.04 (C) (1) (a) will be estimated and advanced to the employee. Adjustments shall be made once the employee provides proof of receipt of Employment Insurance or Quebec Parental Insurance maternity benefits.
(3) The maternity benefits to which an employee is entitled is limited to that provided in clause 28.04 (C) (1), and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act, or the Parental Insurance Act in Quebec.
(4) The weekly rate of pay referred to in sub-clause 28.04 (C) (1) shall be:
(a) for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay;
(b) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in sub-clause 28.04 (C) (4) (a) by the fraction obtained by dividing the employee’s straight-time earnings by the straight-time earnings the employee would have earned working full-time during such period.
(5) The weekly rate of pay referred to in sub-clause 28.04 (C) (4) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.
(6) Notwithstanding sub-clause 28.04 (C) (5), and subject to sub-clause 28.04 (C) (4) (b), if on the day immediately preceding the commencement of maternity leave without pay, an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.
(7) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity benefits, the benefits shall be adjusted accordingly.
(8) Maternity benefits paid under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Maternity Benefit.
(A) An employee who has been granted maternity leave without pay shall be paid a maternity benefit in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in sub-sub- clause 28.04 (C), provided that she:
(1) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay;
(2) provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer; and
(3) has signed an agreement with the Employer stating that:
(a) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
(b) following her return to work, as described in clause (a), she will work for a period equal to the period she was in receipt of the maternity benefit;
(c) should she fail to return to work in accordance with clause (a), or should she return to work but fail to work for the total period specified in clause (b), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in clause (b), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows; (allowance received) X (remaining period to be worked following her return to work) [total period to be worked as specified in (b)] however, an employee whose specified period of employment expired and who is rehired by the House of Commons within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in paragraph (b).
(B) For the purpose of sub-clauses 28.04 (A) (3) (b), and (c) periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in clause (A) (3) (b), without activating the recovery provisions described in clause (A) (3) (c).
(C) Maternity benefits paid under the SUB Plan will consist of the following:
(1) (a) where an employee is subject to a waiting period of two
(2) weeks before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;; and
Appears in 1 contract
Samples: Collective Agreement
