Maternity Leave (a) Every employee who becomes pregnant shall, not later than the fifth month of her pregnancy, request maternity leave without pay to commence on a date that is within the three (3) month period immediately preceding the expected date of the termination of her pregnancy. (b) An employee requesting maternity leave shall submit, with the application for leave, a statement from her physician indicating that employment to the date specified in the application will not be injurious to her health providing unforeseen complications do not arise. (c) Where an employee submits to the Deputy Head or Chief Executive Officer a certificate from a qualified medical practitioner stating that her health so requires, the Deputy Head or Chief Executive Officer shall grant maternity leave to the employee to commence earlier than three (3) months before the expected termination of her pregnancy. (d) The Employer may direct an employee who is pregnant to proceed on maternity leave at any time where, the employee cannot produce a medical certificate stating that her condition does not prevent her from performing her normal work functions. (e) An employee who agrees to return to work and who provides the Employer with proof that she has applied for and is eligible to receive Employment Insurance benefits pursuant to the Employment Insurance Act, shall be eligible during the two week waiting period prior to commencement of Employment Insurance benefits for a maternity leave allowance of seventy-five (75%) of the employee’s regular rate of pay; such maternity leave allowance will be in accordance with the supplementary unemployment benefits program of the Employment Insurance Commission. (f) The total period of maternity leave shall not exceed seventeen weeks, including the two (2) week waiting period and the maternity leave taken before and after the date of termination of the pregnancy. Maternity leave will continue after the termination of the pregnancy up to that point where the maternity leave taken before and after the termination of the pregnancy totals seventeen weeks, unless sooner terminated by the employee's resignation or return to work. (g) When an employee on maternity leave wishes to return to work, she shall give the Deputy Head or Chief Executive Officer notice of the fact at least ten (10) working days prior to the date that she will be ready to return to work, and shall submit the written approval of a qualified medical practitioner. (h) An employee who returns to work in accordance with Article 18.04 (e) hereof shall retain her position on the Plan of Organization in the same Department, Board, Commission, or Agency, in the same geographical location that she held prior to and during the period of her temporary absence. (i) An employee who returns to work in accordance with Article 18.04 (h) shall receive a rate of pay that is equivalent to or greater than the rate of pay she was receiving immediately prior to her departure on maternity leave. (j) Subject to Article 18.04 (k) an employee on maternity leave who does not return to work within the period of time referred to in Article 18.04 (f) will be considered to have resigned her position on the last day of the time allotted. (k) The Employer may extend the leave period following termination of the pregnancy referred to in Article
Maternity/Paternity Leave Solely for purposes of determining whether the Employee incurs a Break in Service under any provision of this Plan, the Advisory Committee must credit Hours of Service during an Employee's unpaid absence period due to maternity or paternity leave. The Advisory Committee considers an Employee on maternity or paternity leave if the Employee's absence is due to the Employee's pregnancy, the birth of the Employee's child, the placement with the Employee of an adopted child, or the care of the Employee's child immediately following the child's birth or placement. The Advisory Committee credits Hours of Service under this paragraph on the basis of the number of Hours of Service the Employee would receive if he were paid during the absence period or, if the Advisory Committee cannot determine the number of Hours of Service the Employee would receive, on the basis of 8 hours per day during the absence period. The Advisory Committee will credit only the number (not exceeding 501) of Hours of Service necessary to prevent an Employee's Break in Service. The Advisory Committee credits all Hours of Service described in this paragraph to the computation period in which the absence period begins or, if the Employee does not need these Hours of Service to prevent a Break in Service in the computation period in which his absence period begins, the Advisory Committee credits these Hours of Service to the immediately following computation period.
