Maternity Leave (01) An employee who qualifies for Maternity Leave may apply for such leave in accordance with either Plan "A" or Plan "B" but not both. The Employer may require an employee to commence maternity leave if the state of her health is incompatible with the requirements of her job, and such time shall be in addition to the leave she is otherwise entitled to under this article. In order to qualify for Plan A, a pregnant employee must:
a) have completed six (6) continuous months of employment with the Employer.
b) submit to the Employer an application in writing for leave under Plan A at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave;
c) provide the Employer with a certificate of a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery.
(02) An employee who qualifies is entitled to and shall be granted maternity leave without pay consisting of:
a) A period not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate mentioned in Clause 2402(01) c), or
b) A period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in Clause 2402(01) c) and the actual date of delivery, if delivery occurs after the date mentioned in that certificate.
c) The Employer shall vary the length of maternity leave upon proper certification by the attending physician or recommendation by the Department Head.
a) An employee who has been granted maternity leave shall be permitted to apply up to a maximum of ten (10) days of her accumulated sick leave against the Employment Insurance waiting period. These ten (10) days shall be pro-rated for part-time employees based on their equivalent to full-time status.
b) Should the employee not return to work following her maternity leave for a period of employment sufficient to allow reaccumulation of the number of sick days granted under subsection (a), the employee shall compensate the Employer for the balance of the outstanding days at the time of termination. Approved sick leave with pay granted during the period of return shall be counted as days worked.
(04) In order to qualify for Plan B, a pregnant employee must:
a) have completed six (6) continuous months of employment with the Employer if she is a full-time employee and seven (7) continuous months of employment with the employer if she is a part-time employee;
b) submit to the Employer an application in writing, for leave under Plan B at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave;
c) provide the Employer with a certificate of a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery.
d) provide the Employer with proof that she has applied for Employment Insurance benefits and that the CEIC has agreed that the employee has qualified for and is entitled to such Employment Insurance benefits pursuant to the Employment Insurance Act.
(05) An applicant for Maternity Leave under Plan B must sign an agreement with the Employer providing that:
a) she will return to work and remain in the employ of the Employer for at least six (6) months following her return to work, except that where an employee is the successful applicant for a part-time position which commences on the date of her return from Maternity Leave or at any time during the six (6) months following her return from Maternity Leave, she must remain in the employ of the Employer, and work the working hours she would have otherwise worked in the higher E.F.T. position during the six (6) month period, and
b) she will return to work on the date of the expiry of her maternity leave and where applicable, her parental leave, unless this date is modified by the Employer, and
c) should she fail to return to work as provided under a) and/or b) above, she is indebted to the Employer and she shall repay a portion of the “top up” as follows: Monetary value of top up provided (value is based on hours paid at regular (based on monetary value)
(06) An employee who qualifies is entitled to a maternity leave consisting of:
a) a period not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate mentioned in Clause 2402(04) c), or
b) A period of seventeen weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in Clause 2402(04) c) and the actual date of delivery, if delivery occurs after the date mentioned in that certificate;
c) the Employer shall vary the length of maternity leave upon proper certification by the attending physician or recommendation by the Department Head;
(07) During the period of maternity leave, an employee who qualifies is entitled to a maternity leave allowance with the SUB Plan as follows:
a) for the first two (2) weeks an employee shall receive ninety-three (93%) percent of her weekly rate of pay;
b) for up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the EI benefits the employee is eligible to receive and ninety-three (93%) of her weekly rate of pay;
c) it is understood that the amount of the payment made by the Employer under a) and b) above shall not, when combined with the EI benefit, and any other earnings received by the employee, exceed ninety-three (93%) percent of the employee's normal weekly earnings;
d) all other time as may be provided under 2402(06) shall be on a leave without pay basis.
(08) Plan B does not apply to temporary employees or employees who normally are subject to seasonal lay- off.
(09) A leave of absence under Plan B shall be considered to be an unpaid leave of absence. Income protection credits and vacation entitlement shall not accrue.
(10) Sections 52 through 59.1(2) inclusive of the Employment Standards Act respecting maternity leave shall apply "mutatis mutandis".
