Common use of Maternity Leave Clause in Contracts

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 8 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Maternity Leave. (i) An employee who becomes pregnant shall notify the Employer at least fifteen (15) weeks prior to the expected date of the termination of her pregnancy and, subject to section (ii) of this Clause, shall, eleven (11) weeks before the expected date of the termination of her pregnancy be granted leave without pay for a period ending not later than twenty-six (26) weeks after the date of the termination of her pregnancy. (ii) The Employer may: (a) Maternity upon written request from the employee, defer the commencement of maternity leave shall not constitute cause for dismissal.without pay of an employee or terminate it earlier than twenty-six (26) weeks after the date of the termination of her pregnancy; (b) Medical complications grant maternity leave without pay to an employee to commence earlier than eleven (11) weeks before the expected termination of her pregnancy; (c) where maternity leave without pay is requested, including complications during require an unpaid leave employee to submit a medical certificate certifying pregnancy. (iii) Leave granted under this Clause shall be counted for the calculation of absence “continuous service” for maternity reasons preceding the period stated by purpose of calculating severance pay. (i) After completion of six (6) months continuous service, an employee who provides the Employer with proof that she has applied for and is receiving employment insurance benefits pursuant to Section 22, Employment Insurance Act, shall be covered by sick paid a maternity leave credits providing allowance in accordance with the Supplementary Unemployment Benefit Plan. (ii) An applicant under this provision shall sign an agreement with the Employer providing: (a) that she will return to work and remain in the Employer’s employ for a period of at least six (6) months after her return to work; (b) that she will return to work on the date of the expiry of her maternity leave, unless this date is modified with the Employer’s consent. (iii) Should the employee fail to return to work as per the provisions of this provision the employee recognizes that she is not in receipt of indebted to the Employer for the amount received as maternity benefits under the Employment Insurance Act or any wage loss replacement planleave allowance. (c) A pregnant employee who requests In respect of the period of maternity leave is entitled leave, payments made according to the Supplementary Unemployment Benefit Plan will consist of the following: (i) For the first two (2) weeks, payments equivalent to 93% of her weekly rate of pay. For up to 17 consecutive weeks a maximum of unpaid leavean additional 15 weeks, which must be taken during payments equivalent to the period that begins: i) no earlier than 13 weeks before difference between the expected birth date, employment insurance benefits she is eligible to receive and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins93% of her weekly rate of pay. (dii) An employee who requests leave after giving birth (a) for a full-time employee, the weekly rate of pay referred to a child in this provision shall be the weekly rate of pay to which she is entitled to up to 17 consecutive weeks for the classification prescribed in her certificate of unpaid leave, which must be taken during the period that begins appointment on the date day immediately preceding the commencement of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid maternity leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.;

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Maternity Leave. (a) Maternity An employee will provide to the employer at least ten weeks in advance of the expected date of confinement: (i) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; and (ii) written notification of the date on which she proposes to commence maternity leave, and the period of leave shall not constitute cause for dismissalto be taken. (b) Medical complications Subject to subclause (c) and unless agreed otherwise between employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planbirth. (c) A pregnant Where an employee who requests maternity leave is entitled continues to up work within the six week period immediately prior to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth datedate of birth, and ii) no later than or where the actual birth date and ends no later than 17 employee elects to return to work within six weeks after the leave beginsbirth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties. (d) An Where the pregnancy of an employee who requests terminates after 27 weeks and the employee has not commenced maternity leave, the employee may take unpaid leave after giving birth (to be known as special maternity leave) for such period as a child registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the delivery, an employee shall be entitled to up access paid sick leave to 17 consecutive weeks of unpaid which she is entitled, in lieu of, or in addition to, special maternity leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests Where leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leavegranted under subclause (3)(d), which must be taken during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that begins on time does not exceed four weeks from the recommencement date of desired by the termination of the pregnancy and ends no later than 6 weeks after that dateemployee. (f) An Where the pregnancy of an employee who requests then on maternity leave is entitled terminates other than by the birth of a living child, it shall be the right of the employee to up to 6 additional consecutive resume work at a time nominated by the employer which shall not exceed four weeks from the date of unpaid leave if, for reasons related notice in writing by the employee to the birth or the termination of the pregnancy, the employee is unable employer that she desires to return to work when the employee leave ends consistent with (c), (d) and (e)resume work. (g) A request for Where an employee then on maternity leave must: i) be given in writing suffers illness related to the Employer, ii) if the request is made during the her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be given to the Employer at least 4 weeks known as special maternity leave) as a registered medical practitioner certifies as necessary before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to her return to work earlier than 6 weeks after giving birth to provided that the childaggregate of paid sick leave, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workspecial maternity leave and maternity leave shall not exceed twelve months.

Appears in 4 contracts

Samples: Enterprise Bargaining Agreement, Enterprise Bargaining Agreement, Employment Agreement

Maternity Leave. A pregnant employee shall qualify for maternity leave: (a) Maternity Upon written request at least four weeks in advance of the leave shall the employee will be granted leave of absence without pay for a period of not constitute cause for dismissalmore than 12 months. The request must be accompanied by a doctor's note indicating the expected date of birth. (b) Medical complications The period of pregnancy, including complications during an unpaid maternity leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, without pay shall be covered by sick leave credits providing from 11 weeks before the employee is not in receipt expected date of maternity benefits under termination of the Employment Insurance Act or any wage loss replacement planpregnancy. (c) A pregnant employee who requests The Employer shall, with the agreement of the employee, defer the commencement of maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the for any period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsapproved in writing by a qualified medical practitioner. (d) An Where an employee who requests is at work becomes ill or injured following the commencement of the 11 week period in (b) above, such illness or injury shall be covered by application of the sick leave after giving provision as follows: (1) where the illness or injury is not directly related to the condition of pregnancy, sick leave coverage may extend to the scheduled date of commencement of maternity leave or birth of the baby, whichever occurs first; (2) where the illness is caused through an abnormal condition or pregnancy, as determined in writing by a qualified medical practitioner, and the employee returned to a child is entitled to up to 17 consecutive weeks work before the scheduled commencement date of unpaid maternity leave, which must be taken during the period that begins on of absence will be covered by the date provisions of the birth Clauses 26.1(a) and ends no later than 17 weeks after that date(b). (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid On return from maternity leave, which must an employee shall be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateplaced in her former position. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks The Employer shall maintain coverage for medical, extended health, dental, group life, short and long-term disability, and shall pay the Employer's share of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)these premiums. (g) A request Notwithstanding Clauses 20.1 and 20.2, vacation entitlements and vacation pay shall continue to accrue while an employee is on maternity leave for the first six months of maternity leave must: i) providing the employee returns to work for a period of not less than six months. Vacation earned pursuant to this clause may be given in writing carried over to the Employer, ii) if the request is made during the pregnancyfollowing year, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)notwithstanding Clause 20.9. (h) If Where the original application for maternity leave is for a period of less than 12 months, it can be extended for an additional period so the combined leaves do not exceed 12 months. Such an extension must be for health reasons and will be without pay. A doctor's certificate is required. Benefit provisions under Clause 26.1(f) shall apply. (i) Maternity leave for employees in their initial probation period shall be in accordance with the (j) Six weeks prior to the expiration date of the maternity leave, the employee on leave under subsection (c) or (d) proposes to must notify the University in writing of the date of return to work earlier than 6 weeks after giving birth to the childwork. If no notification is given, the Employer may require employee shall be deemed to have abandoned the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workposition.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Maternity Leave. An employee who is currently employed and has been in the employment of her Employer for a total of at least twenty (20) weeks in the fifty-two (52) weeks immediately preceding the day on which the requested leave is to commence, shall be entitled to maternity leave consisting of a period not exceeding twelve (12) months, commencing at the time during the period of twelve (12) weeks immediately preceding the estimated date of birth. Such leave shall be granted providing the employee presents to the Employer a medical certificate confirming the pregnancy and showing the probable date of delivery. a) If the employee is required to leave work because of a pregnancy related illness, the employee's leave of absence shall be considered sick leave rather than maternity leave, and she shall be entitled to use accumulated sick leave benefits for the period of time she is ill up until the time when the requested maternity leave commences. A medical certificate must be provided. b) Maternity leave shall not constitute cause be for dismissalup to twelve (12) months as requested, except where in the opinion of a medical practitioner, the leave should be further extended. (bc) Medical complications of pregnancy, including complications during an unpaid Such leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing granted with assurance that the employee is not shall resume employment in receipt the same position at the current rate of maternity benefits under the Employment Insurance Act or any wage loss replacement planpay. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before Where the expected birth dateemployee's new-born child is born prematurely, or is born with, or contracts, a condition that requires its hospitalization within the period of maternity leave without pay, as set out above, maternity leave may be extended by a period equal to the period during which the child is hospitalized. ii) In any case described in subsection (d) i) set out above where the employee has preceded on maternity leave without pay and then returns to work during all or part of the period during which the employee's new-born child is hospitalized, she may resume the employee's maternity leave without pay when the child's hospitalization is over, and remain on maternity leave without pay to the extent provided for in subsection (d) i). iii) The extension described in subsection (d) i) or ii) shall end no later than the actual birth date and ends no later than 17 fifty two (52) weeks after the leave beginsbirth of the child. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on has already initiated a maternity leave under subsection and subsequently becomes ill, she shall not be entitled to sick leave benefits for the duration of the leave. f) Additional nurturing leave of up to one (c1) or year without pay, beyond maternity leave, may be granted for health reasons providing a medical certificate is provided and shall be considered an extended Definite Leave. g) The employee must give the Employer fourteen (d14) proposes days written notice of her intention to return to work earlier than 6 weeks after giving birth to the childwork. h) If requested by an employee eligible for maternity leave, the Employer may require will supplement the employee to give amount of the Employment Insurance Maternity Benefit with the difference between the Benefit and the employee's regular salary. The amount of the supplement will be deducted from the employee's sick leave bank and continue until the sick leave bank is exhausted or the E.I. Maternity Benefit is exhausted whichever occurs first. The Employer a medical practitioner’s or nurse practitioner’s certificate stating will register this S.U.B. Plan with the employee is able to resume worklocal Office of Employment Canada.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the 25.01 An employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to maternity leave of up to 17 consecutive seventeen (17) weeks of unpaid leave, which must be taken during without pay. 25.02 An employee intending to use maternity leave shall notify the period that begins: iEmployer in writing at least fifteen (15) no earlier than 13 weeks before prior to the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsof delivery. (d) 25.03 An employee who requests requesting maternity leave after giving birth shall submit the required Request for Leave Form to a child is entitled the Employer prior to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that anticipated leave date. (e) An employee who requests leave after 25.04 At the termination request of the employee’s pregnancy is entitled , maternity leave shall commence at any time within eight (8) weeks prior to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the termination of the pregnancy and ends no later than 6 weeks after that datedelivery. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if25.05 Notwithstanding clause 25.04, for reasons related to the birth or the termination of the pregnancy, the when an employee is unable to return perform her regular duties due to work when her pregnancy, the Employer will make every reasonable effort to assign duties consistent with the employee’s capacity. If the Employer is unable to assign such duties, the Employer may direct the employee to proceed on maternity leave ends consistent with (c), (d) and (e)where in its opinion the interest of the Employer so requires. (g) A request for 25.06 Where at any time prior to commencement of her requested maternity leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day directs an employee to proceed on leave in accordance with clause 25.05, or an employee is advised to proceed on leave by her attending physician, the employee proposes to begin leaveupon submission of a medical certificate, and iii) if required requested by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or may instead use accumulated sick leave credits until the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)of commencement of her requested maternity leave. 25.07 An employee shall not be eligible for sick leave during the seventeen (h17) If consecutive week maternity leave period. 25.08 When an employee on maternity leave under subsection (c) or (d) proposes wishes to return to work earlier than 6 weeks after giving birth provided for under 25.01, she shall give the Employer written notice at least ten (10) working days in advance, and the Employer will make every reasonable effort to accommodate her request. 25.09 An employee returning to work from maternity leave shall be reinstated to her previously held position and 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 unless she accepts appointment to another position upon her return to work. 25.10 During the period of maternity leave, an employee: (a) continues to earn seniority and continuous service credits based on what her normal regular hours of work would have been; (b) continues to accrue entitlements for retirement allowance and vacation purposes; (c) maintains but only accrues sick leave or vacation leave credits for any calendar month in which she receives pay for at least eleven (11) days, excluding statutory holidays. 25.11 Subject to the childterms of any insured benefit plan, when the employee requests the continuation of contributions, the Employer may require shall also continue the required contributions during the period of the maternity leave, provided the employee submits post-dated cheques for her share of the premiums for the entire period prior to give commencing maternity leave. 25.12 An employee with one year of continuous service who agrees to work for a period of at least six (6) months after her approved leave 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 receive the following allowances: (a) during the two (2) week waiting period under the Employment Insurance Act, seventy-five percent (75%) of the employee’s regular rate of pay less any other monies earned during this period; (b) following the required waiting period and for a medical practitioner’s or nurse practitioner’s certificate stating period not exceeding fifteen (15) continuous weeks, the difference between the Employment Insurance benefits the employee is able eligible to resume workreceive and seventy-five percent (75%) of the employee’s regular rate of pay at the time maternity leave commences, less any other monies received during the period which may result in a decrease in Employment Insurance benefits to which the employee would have been eligible if no extra monies had been received during this period.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Maternity Leave. a. The employee shall notify the Employer by a written statement from her physician within twenty (a20) Maternity leave workdays after her pregnancy has been determined. They physician’s statement shall not constitute cause for dismissalcontain her expected deliver date. (b) Medical complications of pregnancy, including complications during an unpaid b. The employer shall grant a leave of absence without pay to an employee for maternity reasons preceding the a period stated of time up to one year, upon receiving a written request by the Employment Insurance Act, employee. Such request shall state the length of leave requested. c. The written request for a maternity leave to the Employer shall be covered submitted through the immediate supervisor, with a copy to the Human Resources Department, at least thirty (30) work days prior to the starting date of the leave, unless prevented from doing so by sick leave credits providing a medical emergency. d. A pregnant employee shall be permitted to continue working provided the employee’s physician certifies the employee is physically well enough to work and can efficiently perform all her normal and regular job duties and functions and this does not in receipt create any additional risk to her health or the health of maternity benefits under the Employment Insurance Act or any wage loss replacement planher baby. (c) A e. Periodic written statements from the pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of employee’s physician setting forth the employee’s pregnancy is entitled wellbeing and ability to up perform all her normal and regular job duties and functions shall be submitted to 6 consecutive weeks the Employer. Such statements are necessary, at least monthly, commencing with the employee’s sixth (6th) month of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that datepregnancy. (f) An employee who requests leave is entitled f. Before returning to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancywork, the employee must be certified by her physician that she is unable ready and able to return to a full work when assignment. g. The employee shall be reinstated to the same or comparable position at the end of her requested leave. If the employee requests to be reinstated earlier than the return date listed on her leave ends consistent with (c)request, (d) and (e). (g) A request for leave must: i) it will only be given in writing to the Employer, ii) allowed if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required this mutually agreed by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) h. If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth a difference of medical opinion arises relative to the childemployee’s employment while pregnant, during the Employer may require maternity leave, or re-employment, it shall be referred to a physician mutually agreeable to the parties for his/her opinion, which shall be accepted by the parities and the employee to give involved. The fee of the Employer a medical practitioner’s or nurse practitioner’s certificate stating physician selected by the employee is able to resume workparties shall be borne equally by the parties.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) i. no earlier than 13 weeks before the expected birth date, and and ii) . no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) i. be given in writing to the Employer, ii) . if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) . if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid maternity leave, which must be taken during . (b) A pregnant employee will provide the period that begins:College with a written request for leave at least four weeks prior to the start of the leave and a medical certificate in support of the request for leave. i(c) The maternity leave may start no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date date, and ends must end no later than 17 weeks after the leave begins. If the employee requests to return earlier than six weeks after giving birth the employee is required to produce a doctor's certificate, which supports a request for a shorter period. The leave period may be extended up to six consecutive weeks if a doctor certifies that it is required. (d) An employee who requests leave after giving A birth to a child is entitled to up to 17 consecutive weeks of unpaid mother must request parental leave, which must be taken during as set out in Clause 23.2 and the period that begins on the date of Employment Standards Act, at least four weeks before beginning parental leave. To take parental leave, the birth mother must begin that leave immediately after their maternity leave, unless the College and ends no later than 17 weeks after that datethe employee agree otherwise. (e) An Where an employee who requests leave after is at work becomes ill or injured prior to the termination leave, or upon commencement of the employee’s pregnancy is entitled to leave up to 6 consecutive weeks the birth of unpaid the child, such illness or injury shall be covered by application of the sick leave provision as follows: (1) where the illness or injury is not directly related to the condition of pregnancy, sick leave coverage may extend to the scheduled date of commencement of maternity leave, which must be taken during or birth of the child(ren), whichever occurs first; (2) where the illness is caused through an abnormal condition of pregnancy as verified in writing by a qualified medical practitioner and the employee returns to work before the scheduled commencement date of maternity leave, the period that begins on of absence will be covered by the date provisions of the termination of the pregnancy Article 20.7(a) and ends no later than 6 weeks after that date20.7(b). (f) An On return from maternity leave, an employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)shall be placed in their former position. (g) A request When an employee is on maternity leave, employment is considered continuous for leave must: i) be given in writing the purposes of calculating annual vacations, seniority and termination entitlement, as well as for pension, medical or other plans of benefits to the Employer, ii) if the request is made during the pregnancy, be given employee. The College will also continue to the Employer at least 4 weeks before the day make payments to any such plans unless the employee proposes chooses not to begin continue with their share of the cost of a plan. The employee is also entitled to all increases in wages and benefits which the employee would have received if not on leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an An employee on maternity leave under subsection (c) or (d) proposes shall notify the College of the date when the employee shall be returning to return to work earlier than 6 work, four weeks after giving birth prior to the childexpiration of the maternity leave. If no notification is given, the Employer may require employee shall be deemed to have abandoned the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workposition.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave Leave of absence without pay for a continuous period not exceeding seventeen (17) weeks, or that stipulated by Human Resources and Skills Development Canada, whichever is greater, will be granted to regular employees for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick reasons. This leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) may start no earlier than 13 eleven (11) weeks before the expected birth date, and iimust end no earlier than six (6) weeks after the birth date unless the employee requests a shorter period. (b) In order to be eligible for a leave of absence, a pregnant employee shall have a medical certificate completed by her physician and submitted to the Human Resources Manager as soon as is reasonable within the second trimester. Any cost associated with obtaining the medical certificate shall be reimbursed by the Company. (i) Employees will notify the Company at least four (4) weeks in advance of the date on which the employee intends to begin her leave of absence. An employee may alter the date of commencement of her leave of absence by providing written notice to the Company no later than two (2) weeks prior to the actual birth date and ends no later than 17 weeks after she originally wished to commence her leave of absence. Should the employee suffer mental or physical illness as a result of pregnancy, she shall on the recommendation of her physician, commence her leave beginsof absence immediately. (ii) If it is the intention of the Company to fill the position, such vacancy shall be posted within ten (10) days of notification from the employee. (d) An Once the employee who requests has commenced her leave after giving birth of absence, she will not be permitted to a child is entitled return to up to 17 consecutive weeks of unpaid leave, which must be taken work during the six (6) week period that begins on following the date of delivery unless the birth and ends no later than 17 weeks after that dateemployee requests a shorter period. (e) An Where an employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the gives birth or the termination of the pregnancypregnancy is terminated before a request for leave is made, the Company shall, on the employee's request and on receipt of a medical certificate stating that the employee is unable to return to work when has given birth or that the pregnancy was terminated, grant the employee leave ends consistent with of absence from work without pay for a period of six (c)6) weeks, (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day or a shorter period as the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)requests. (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Maternity Leave. 33.1 The Corporation shall grant maternity leave without pay of up to seventeen (a17) weeks to a pregnant employee, subject to the following conditions: 33.1.1 The employee shall be required to notify the Corporation in writing at least two (2) weeks prior to the commencement of the maternity leave, unless there is a valid reason why such notice cannot be given, and state the length of leave intended to be taken. 33.1.2 The employee may be required to furnish a medical certificate verifying pregnancy. 33.1.3 Subject to the provisions of Clause 33.2, the period of maternity leave without pay shall commence no earlier than eleven (11) weeks before the expected date of pregnancy termination and end no later than seventeen 33.1.4 Where an employee has or will have the actual care and custody of the newborn child, that employee is entitled to and shall be granted a leave of absence from employment of up to thirty seven (37) weeks commencing and ending within the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee`s care. 33.2 At the request of the employee, the Corporation may defer the commencement of maternity leave for any period approved in writing by a qualified medical practitioner. 33.3 At the request of the employee, the Corporation may allow leave to commence earlier than eleven (11) weeks before the expected termination of her pregnancy. 33.4 Maternity leave shall not constitute cause for dismissal. be terminated at any time prior to six (b6) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that unless the employee submits a certificate from a qualified medical practitioner stating the employee’s health will not be impaired by returning to duty at an earlier date. 33.5 An employee granted maternity leave without pay under this Clause and who is subject to a waiting period of two (f2) weeks before receiving Employment Insurance maternity benefits, shall receive an allowance during this two (2) week waiting period. This allowance shall be in the same amount as the employee receives in benefits for two (2) weeks from Human Resources Development Canada. 33.6 An employee who requests leave is not entitled to up receive Employment Insurance benefits shall receive an allowance equivalent to 6 additional consecutive two (2) weeks Employment Insurance benefits based on the amount she would have received if she had been entitled to Employment Insurance benefits from Human Resources Development Canada. 33.7 Leave granted in accordance with this Clause is included in the calculation of unpaid leave ifcontinuous employment for the purpose of pension, for reasons related to vacation leave, increases in the birth or the termination rates of pay, health and disability benefits and seniority. 33.8 Notwithstanding any other provision of the pregnancyAgreement, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection this Clause shall earn sick leave and vacation leave credits as if she had received pay for at least ten (c10) or (d) proposes to return to work earlier than 6 weeks after giving birth to the childdays in each calendar month. As of January 1, the Employer may require the 2010, an employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workon leave under this clause shall not earn sick leave credits.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave Leave of absence without pay for a continuous period not exceeding seventeen (17) weeks, or that stipulated by Employment and Social Development Canada, whichever is greater, will be granted to regular employees for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick reasons. This leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) may start no earlier than 13 eleven (11) weeks before the expected birth date, and iimust end no earlier than six (6) weeks after the birth date unless the employee requests a shorter period. (b) In order to be eligible for a leave of absence, a pregnant employee shall have a medical certificate completed by her physician and submitted to the Labour Relations Manager as soon as is reasonable within the second trimester. Any cost associated with obtaining the medical certificate shall be reimbursed by the Company. (i) Employees will notify the Company at least four (4) weeks in advance of the date on which the employee intends to begin her leave of absence. An employee may alter the date of commencement of her leave of absence by providing written notice to the Company no later than two (2) weeks prior to the actual birth date and ends no later than 17 weeks after she originally wished to commence her leave of absence. Should the employee suffer mental or physical illness as a result of pregnancy, she shall on the recommendation of her physician, commence her leave beginsof absence immediately. (ii) If it is the intention of the Company to fill the position, such vacancy shall be posted within ten (10) days of notification from the employee. (d) An Once the employee who requests has commenced her leave after giving birth of absence, she will not be permitted to a child is entitled return to up to 17 consecutive weeks of unpaid leave, which must be taken work during the six (6) week period that begins on following the date of delivery unless the birth and ends no later than 17 weeks after that dateemployee requests a shorter period. (e) An Where an employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the gives birth or the termination of the pregnancypregnancy is terminated before a request for leave is made, the Company shall, on the employee's request and on receipt of a medical certificate stating that the employee is unable to return to work when has given birth or that the pregnancy was terminated, grant the employee leave ends consistent with of absence from work without pay for a period of six (c)6) weeks, (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day or a shorter period as the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)requests. (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the 25.01 An employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to maternity leave of up to 17 consecutive seventeen (17) weeks of unpaid leave, which must be taken during without pay. 25.02 An employee intending to use maternity leave shall notify the period that begins: iEmployer in writing at least fifteen (15) no earlier than 13 weeks before prior to the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsof delivery. (d) 25.03 An employee who requests requesting maternity leave after giving birth shall submit the required Request for Leave Form to a child is entitled the Employer prior to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that anticipated leave date. (e) An employee who requests leave after 25.04 At the termination request of the employee’s pregnancy is entitled , maternity leave shall commence at any time within eight (8) weeks prior to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the termination of the pregnancy and ends no later than 6 weeks after that datedelivery. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if25.05 Notwithstanding clause 25.04, for reasons related to the birth or the termination of the pregnancy, the when an employee is unable to return perform her regular duties due to work when her pregnancy, the Employer will make every reasonable effort to assign duties consistent with the employee’s capacity. If the Employer is unable to assign such duties, the Employer may direct the employee to proceed on maternity leave ends consistent with (c), (d) and (e)where in its opinion the interest of the Employer so requires. (g) A request for 25.06 Where at any time prior to commencement of her requested maternity leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day directs an employee to proceed on leave in accordance with clause 25.05, or an employee is advised to proceed on leave by her attending physician, the employee proposes to begin leaveupon submission of a medical certificate, and iii) if required requested by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or may instead use accumulated sick leave credits until the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)of commencement of her requested maternity leave. 25.07 An employee shall not be eligible for sick leave during the seventeen (h17) If consecutive week maternity leave period. 25.08 When an employee on maternity leave under subsection (c) or (d) proposes wishes to return to work earlier than 6 weeks after giving birth provided for under 25.01, she shall give the Employer written notice at least ten (10) working days in advance, and the Employer will make every reasonable effort to accommodate her request. 25.09 An employee returning to work from maternity leave shall be reinstated to her previously held position and 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 unless she accepts appointment to another position upon her return to work. 25.10 During the period of maternity leave, an employee: (a) continues to earn seniority and continuous service credits based on what her regular hours of work would have been; (b) continues to accrue entitlements for retirement allowance and vacation purposes; (c) maintains but only accrues sick leave or vacation leave credits for any calendar month in which she receives pay for at least eleven (11) days, excluding statutory holidays. 25.11 Subject to the childterms of any insured benefit plan, when the employee requests the continuation of contributions, the Employer may require shall also continue the required contributions during the period of the maternity leave, provided the employee submits postdated cheques for her share of the premiums for the entire period prior to give commencing maternity leave. 25.12 An employee with one year of continuous service who agrees to work for a period of at least six (6) months after her approved leave 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 receive the following allowances: (a) during the two (2) week waiting period under the Employment Insurance Act, seventy-five percent (75%) of the employee’s regular rate of pay less any other monies earned during this period; (b) following the required waiting period and for a medical practitioner’s or nurse practitioner’s certificate stating period not exceeding fifteen (15) continuous weeks, the difference between the Employment Insurance benefits the employee is able eligible to resume workreceive and seventy-five percent (75%) of the employee’s regular rate of pay at the time maternity leave commences, less any other monies received during the period which may result in a decrease in Employment Insurance benefits to which the employee would have been eligible if no extra monies had been received during this period.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: (i) no earlier than 13 weeks before the expected birth date, and and (ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: (i) be given in writing to the Employeremployer, (ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and (iii) if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer employer may require the employee to give the Employer employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Maternity Leave. (a) A. Maternity leave without compensation is available to female bargaining unit members. The length of the leave shall not constitute cause for dismissalexceed one (1) year, renewable at the discretion of the Board. The maternity leave shall commence not later than the date that the bargaining unit member is unable to properly perform her required duties. A bargaining unit member not desirous of a maternity leave shall be entitled to the provisions of sick leave/FMLA. (b) Medical complications of B. A bargaining unit member shall file a written request, together with a physician's statement certifying pregnancy, including complications during an unpaid and the beginning and ending dates of the leave with the Superintendent's office at least sixty (60) days prior to the date the leave is to begin. As nearly as possible, the beginning date of the leave of absence for maternity reasons preceding shall conform to the period stated by the Employment Insurance Actbeginning or ending of a marking period, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act semester, school recess, or any wage loss replacement planschool year. (c) C. A pregnant employee who requests maternity leave bargaining unit member may continue in active employment as late into her pregnancy as she desires, provided she is entitled able to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsproperly perform her required duties. D. Bargaining unit members on a leave of absence shall make written application for reinstatement sixty (d60) An employee who requests leave after giving birth calendar days prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expiration date of the birth leave (for leaves in excess of ninety (90) days), in order to permit planning, scheduling and ends no later than 17 weeks after that dateplacement. E. In computing service to determine a bargaining unit member's position on the salary schedule at the expiration of leave, time spent on leave shall not be counted as active service in the Okemos School District. A bargaining unit member on leave for less than forty-one (e41) An employee instructional days shall receive all benefits except salary for the entire contractual year. F. Bargaining unit members who requests request a leave after of less than ninety (90) days will, at the termination time a leave is requested, indicate their intent to return upon the expiration of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Maternity Leave. (a) Maternity leave Pregnancy shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests The period of maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) shall commence no earlier than 13 thirteen (13) weeks before the expected birth date, date and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsdate. (d) An employee who requests leave after giving birth to a child shall notify the Employer in writing of the expected date of birth. If the request is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken made during the period that begins on pregnancy, such notice shall be given at least four (4) weeks before the date of day the birth and ends no later than 17 weeks after that dateemployee proposes to begin the leave. (e) If an employee is unable or incapable of performing her duties prior to the commencement of the maternity leave of absence without pay, the employee may be required to take unpaid leave of absence. (f) The Employer may require the employee to provide a certificate from a doctor, midwife or nurse practitioner indicating the employee’s general condition during pregnancy along with the expected date of birth. (g) An employee who requests is entitled to maternity leave up to seventeen (17) weeks without pay (see also Article 35.03). (h) An employee is entitled to maternity leave up to six (6) consecutive weeks without pay after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which pregnancy. This leave must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 six (6) weeks after that date. (fi) An employee who requests leave is entitled to up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is they are unable to return to work when the employee their leave ends consistent with (c), (d) and (e). under (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.)

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no No earlier than 13 weeks before the expected birth date, and ii) no No later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) ), and (e). (g) A request for leave must: i) be Be given in writing to the Employer, ii) if If the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if If required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity An employee who becomes pregnant shall notify the Employer at least two (2) weeks prior to the date on which she plans to begin her maternity leave of her intention to do so. This written notice must include the date on which she intends to begin her maternity leave, and a letter from her doctor indicating the baby’s due date. i) Subject to sub-clause c) of this clause, an employee who becomes pregnant shall be granted twenty-eight (28) weeks of leave without pay. This leave may begin at any time within seventeen (17) weeks of the baby’s due date, and extends beyond the date of the baby’s birth until the twenty-eight (28) weeks have expired. ii) Notwithstanding sub-clause b) i): 1. where the employee has not yet proceeded on maternity leave without pay and new newborn child is hospitalized, or 2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized, the period of maternity leave without pay defined in sub-clause b) i) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks; 3. the extension described above shall end not later than fifty-two (52) weeks after the termination date of pregnancy. c) The Employer may: i) upon written request from the employee, defer commencement of maternity leave without pay of an employee or terminate it before the full twenty-eight (28) weeks have expired; ii) grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected termination of her pregnancy; iii) where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy. d) Leave granted under this clause shall be counted in the calculation of ‘continuous employment’ for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall not constitute cause be counted for dismissalseniority and pay increment purposes. During such leave, the Employer will continue to pay its applicable share of pension and benefit plans. (bi) Medical complications An employee who provides the Employer with proof that she has applied for and is eligible to receive employment insurance benefits pursuant to applicable provisions of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement Québec Parental Insurance Plan, shall be paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan. While in receipt of this allowance, the employee shall continue to accumulate annual leave and sick leave credits. ii) Employees shall have no vested right to payments under the plan, except to payments during a period of unemployment specified in the plan. (ciii) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks Payments in respect of unpaid leave, which must be taken during guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the period that beginsplan. f) An applicant under sub-clause e) of this clause shall sign an agreement with the Employer providing: i) no earlier than 13 weeks before that she will return to work and remain in the expected birth date, and Employer’s employ for a period equal to the period she was in receipt of maternity allowance; ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth that she will return to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the birth and ends no later than 17 weeks after that dateexpiry of her maternity leave, unless this date is modified with the Employer’s consent. (ei) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, Should the employee is unable fail to return to work when in accordance with the employee leave ends consistent with (cprovisions of sub-clause f) i), (dor should she return to work but fail to work for the total period specified in provisions of sub-clause f) and (ei). (g) A request for leave must: i) , she will be given in writing indebted to the Employer,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 f) i) ii) the repayment provided for in 17.04 g) i) will not apply in situations of: 1. death, 2. lay off, 3. early termination due to lack of work or discontinuance of function of a specified period of employment that would have been sufficient to meet the obligation specified under sub-clause f) i), 4. the end of a specified period of employment, if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workrehired by the Employer within six (6) months following the end of the obligations specified in sub-clause f) i), or 5. has become disabled.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave Maternity Leave is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 thirteen (13) weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 seventeen (17) weeks after the leave begins. (db) An employee who requests leave Maternity Leave after giving birth to a child is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 seventeen (17) weeks after that date. (ec) An employee who requests leave Maternity Leave after the termination of the employee’s 's pregnancy is entitled to up to 6 six (6) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 six (6) weeks after that date. (fd) An employee who requests leave Maternity Leave is entitled to up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee employee’s leave ends consistent with (c), (d) and (e)ends. (ge) A request for leave must: i) be given in writing to the Employeremployer, ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 four (4) weeks before the day the employee proposes to begin leave, and iii) if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)above. (hf) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 six (6) weeks after giving birth to the child, the Employer employer may require the employee to give the Employer employer a medical practitioner’s 's or nurse practitioner’s 's certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are: (i) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least ten weeks; (ii) of the date on which the employee proposes to commence maternity leave shall not constitute cause for dismissaland the period of leave to be taken – at least four weeks. (b) Medical complications When the employee gives notice under 6.4.4(a)(i) the employee must also provide a statutory declaration stating particulars of pregnancy, including complications during an unpaid any period of paternity leave of absence sought or taken by her spouse and that for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or leave she will not engage in any wage loss replacement planconduct inconsistent with her contract of employment. (c) A pregnant An employee who requests maternity leave will not be in breach of this clause if failure to give the stipulated notice is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no occasioned by confinement occurring earlier than 13 weeks before the expected birth presumed date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An Subject to 6.4.3(a) and unless agreed otherwise between the employer and employee, an employee who requests may commence parental leave after giving birth at any time within six weeks immediately prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the birth and ends no later than 17 weeks after that datebirth. (e) An Where an employee who requests leave continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the termination birth of the employee’s pregnancy child, an employer may require the employee to provide a medical certificate stating that she is entitled fit to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateher normal duties. (f) An Special maternity leave (i) Where the pregnancy of an employee who requests not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary. (ii) Where an employee is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons suffering from an illness not related to the birth or the termination direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave. (iii) Where an employee not then on maternity leave suffers illness related to her pregnancy, the employee she may take any paid sick leave to which she is unable to then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work when the employee work. The aggregate of paid sick leave, special maternity leave ends consistent with (c)and parental leave, (d) and (e)including parental leave taken by a spouse, may not exceed 52 weeks. (g) A request for Where leave must: i) be given in writing to the Employer, ii) if the request is made granted under 6.4.4(d), during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional period of leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to may return to work earlier than 6 weeks after giving birth to at any time, as agreed between the child, the Employer may require employer and the employee to give provided that time does not exceed four weeks from the Employer a medical practitioner’s or nurse practitioner’s certificate stating recommencement date desired by the employee is able to resume workemployee.

Appears in 1 contract

Samples: Workplace Agreement

Maternity Leave. (a) Maternity An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are: (i) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks; (ii) of the date on which the employee proposes to commence maternity leave shall not constitute cause for dismissaland the period of leave to be taken - at least four weeks. (b) Medical complications When the employee gives notice under 6.7.4(a)(i) the employee must also provide a statutory declaration stating particulars of pregnancy, including complications during an unpaid any period of paternity leave of absence sought or taken by her spouse and that for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or leave she will not engage in any wage loss replacement planconduct inconsistent with her contract of employment. (c) A pregnant An employee who requests maternity leave will not be in breach of this clause if failure to give the stipulated notice is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no occasioned by confinement occurring earlier than 13 weeks before the expected birth presumed date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An Subject to 6.7.3(a) and unless agreed otherwise between the employer and employee, an employee who requests may commence parental leave after giving birth at any time within six weeks immediately prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the birth and ends no later than 17 weeks after that datebirth. (e) An Where an employee who requests leave continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the termination birth of the employee’s pregnancy child, an employer may require the employee to provide a medical certificate stating that she is entitled fit to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateher normal duties. (f) An Special maternity leave (i) Where the pregnancy of an employee who requests not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary. (ii) Where an employee is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons suffering from an illness not related to the birth or the termination direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave. (iii) Where an employee not then on maternity leave suffers illness related to her pregnancy, the employee she may take any paid sick leave to which she is unable to then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work when the employee work. The aggregate of paid sick leave, special maternity leave ends consistent with (c)and parental leave, (d) and (e)including parental leave taken by a spouse, may not exceed 52 weeks. (g) A request for Where leave must: i) be given in writing to the Employer, ii) if the request is made granted under 6.7.4(d), during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional period of leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to may return to work earlier than 6 weeks after giving birth to at any time, as agreed between the child, the Employer may require employer and the employee to give provided that time does not exceed four weeks from the Employer a medical practitioner’s or nurse practitioner’s certificate stating recommencement date desired by the employee is able to resume workemployee.

Appears in 1 contract

Samples: Enterprise Agreement

Maternity Leave. An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are: • of the expected date of confinement (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing included in a certificate from a registered medical practitioner stating that the employee is not in receipt pregnant) - at least ten weeks; • of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks. When the employee gives notice the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity benefits under leave she will not engage in any conduct inconsistent with her contract of employment. An employee will not be in breach of this clause if failure to give the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave stipulated notice is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no occasioned by confinement occurring earlier than 13 the presumed date. An employee may commence parental leave at any time within six weeks before immediately prior to the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of birth. Where an employee continues to work within the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after six week period immediately prior to the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave ifbirth, for reasons related to the birth or the termination of the pregnancy, where the employee is unable elects to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 within six weeks after giving the birth to of the child, the Employer an employer may require the employee to give the Employer provide a medical practitioner’s or nurse practitioner’s certificate stating that she is fit to work on her normal duties. Special maternity leave Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary. Where an employee is able suffering from an illness not related to resume the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave. Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work.. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks. Where leave is granted under this provision, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee. An employee will provide to the employer at least ten weeks prior to each proposed period of paternity/co parent leave, with: • a certificate from a registered medical practitioner which names their spouse, states that she is pregnant and the expected dated of confinement, or states the date on which the birth took place; and • written notification of the dates on which they propose to start and finish the period of paternity/co parent leave; and • except in relation to leave taken simultaneously with the child’s mother when she takes special maternity leave a statutory declaration stating:

Appears in 1 contract

Samples: Employment Agreement

Maternity Leave. (a) Maternity Subject to 32.03 (b) an employee who becomes pregnant shall: (i) Notify the Employer of her pregnancy at least fifteen (15) weeks prior to the expected date of termination of her pregnancy; and (ii) be granted leave of absence without pay, commencing no sooner than eleven (11) weeks before the expected date of termination of her pregnancy and ending not later than twenty-four (24) weeks after the date of termination of her pregnancy. (iii) The total period of maternity leave shall not constitute cause for dismissalexceed twenty-four (24) weeks. (b) Medical complications At the request of pregnancyan employee, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by Employer may vary the Employment Insurance Act, shall be covered by sick leave credits providing time specified in 32.03(a) provided that the employee is not in receipt submits the written approval of maternity benefits under the Employment Insurance Act or any wage loss replacement plana qualified medical practitioner. (c) A pregnant employee who requests Upon conclusion of maternity leave is entitled to up to 17 consecutive weeks of unpaid without pay, the employee shall be reinstated into the position occupied by her at the time she commenced maternity leave, which must or in a comparable position with not less than the same wages and benefits, and her employment after the termination of maternity leave shall be taken during the period that begins: i) no earlier than 13 weeks deemed to be continuous with employment before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginscommencement of that leave. (d) An If an employee who requests leave after giving birth elects to a child is entitled to up to 17 consecutive weeks maintain coverage for Extended Health Care Plan, Long Term Disability, Life and Accidental Death and Dismemberment, the Employer will pay the Employer’s portions of unpaid leave, which must be taken during the period those benefits that begins on the date of the birth and ends no later than 17 weeks after that dateare cost shared with employees. (e) An employee who requests leave after has been continuously employed for six (6) months, who has applied for maternity leave, and who provides the termination Employer with proof that she is in receipt of the employee’s pregnancy is Employment Insurance benefits shall be entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that datea maternity leave allowance. (f) An Maternity leave allowance payments will consist of: (i) For two (2) weeks, ninety-three (93%) percent of the employee’s weekly rate of pay; (ii) for up to an additional fifteen (15) weeks, a payment equal to the difference between ninety-three (93%) percent of the employee’s weekly rate of pay and the amount of Employment Insurance benefits being received by the employee. During this period the employee who requests leave is shall also be entitled to up to 6 additional consecutive weeks the Housing Allowance and Registered Retirement Savings Plan. (iii) Where an employee becomes eligible for a pay increase or an economic increase in the period in which the employee was in receipt of unpaid maternity leave if, for reasons related to the birth or the termination of the pregnancyallowance, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)payments shall be adjusted accordingly. (g) A request for An employee receiving maternity leave must: i) be given allowance payments shall sign a certificate stating that she will return to work and remain in writing to the Employer, ii’s employ for a period of a least six (6) if months after the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin expiry of her maternity leave, and iii) if required by and that she will return to work immediately following the expiry of her maternity leave, unless this date is modified with the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)’s consent. (h) If an Should the employee on leave under subsection (c) or (d) proposes fail to return to work earlier than 6 weeks after giving birth in accordance with Article 32.03 (f), except by reason of death, disability or lay off, the employee recognizes that she is indebted to the childEmployer for the total amount of maternity leave allowances. Should the employee not remain in the Employer’s employ for a period of at least six (6) months following the expiry of her maternity leave, the Employer may require the employee recognizes that she is indebted to give the Employer for a medical practitionerprorated portion of her maternity leave allowance, based upon the number of months she has remained in the Employer’s or nurse practitioner’s certificate stating the employee is able to resume workemploy.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity An employee who has completed twelve months service by the date of commencement of maternity leave shall not constitute cause is entitled to be granted maternity leave with pay for dismissala total period of twelve weeks upon production of a certificate from a legally qualified medical practitioner stating that she is pregnant and specifying the date of the expected birth. Where an employee has been employed on a part time basis for all or portion of a continuous period of employment of twelve calendar months she is entitled to be granted on a proportionate basis. (b) Medical complications The employee should not be permitted to continue on duty beyond six weeks prior to the expected date of pregnancydelivery (except as outlined in sub-clause (c) and where qualified by service, including complications during an unpaid paid maternity leave for a maximum period of absence for maternity reasons preceding twelve weeks should commence from this date. Resumption of duty should not be permitted earlier than six weeks after the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt actual date of maternity benefits under the Employment Insurance Act or any wage loss replacement plandelivery. (c) A pregnant The employee who requests may in some cases be given permission to continue to work in her current position during the six week period referred to in sub-clause (b). However, to do so she should before the period of "mandatory absence" is due to commence, furnish her supervisor with a certificate from a registered medical practitioner certifying that she will be fit for the full duties of her current position until a specified date prior to the confinement. In such cases the twelve week period of maternity leave will then be due to commence immediately after the date to which she has been allowed to continue on duty. Where permission is entitled given for an employee to continue to perform duty and she is unexpectedly confined before the date up to 17 consecutive weeks which she had been given permission to remain on duty, the permission to remain on duty ceases to have effect and the required period of unpaid leave, which must be taken during absence commences from the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsof confinement. (d) An employee who requests leave after giving birth Where the confinement occurs more than six weeks prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of delivery the birth and ends no later than 17 total period of twelve weeks after that dateshould be counted from the actual date from which maternity leave is granted. (e) An Where the pregnancy of an employee who requests leave after terminates earlier than twenty weeks prior to the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the termination of the pregnancy and ends delivery there is no later than 6 weeks after that dateentitlement to paid maternity leave. (f) An employee who requests Employees may be granted additional leave is entitled to up to 6 additional consecutive weeks after the period of maternity leave has expired as a deduction from other leave credits and/or leave without pay. The maximum leave granted both paid and unpaid leave if, for reasons related to (including the birth or the termination period of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (dmaternity leave) and (e)should not exceed 52 weeks. (g) A request Payment in respect of maternity leave should not be made in advance, but paid in accordance with normal arrangements for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)payment of salary. (h) If an employee on leave under subsection For the purpose of this clause "confinement" shall mean the delivery of a child (calive or stillborn) or (d) proposes to return to work other termination of pregnancy that occurs not earlier than 6 twenty weeks after giving birth to before the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workexpected date of birth.

Appears in 1 contract

Samples: Workplace Agreement

Maternity Leave. (a) Maternity Every employee who becomes pregnant shall, not later than the fifth month of her pregnancy: (i) request maternity leave shall not constitute cause for dismissalwithout 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; or (ii) give notice of resignation to be effective within the three (3) month period immediately preceding the expected date of the termination of her pregnancy. (b) Medical 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 of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is do not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planarise. (c) A pregnant Where an employee who requests 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 is entitled to up the employee to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no commence earlier than 13 weeks three (3) months before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginstermination of her pregnancy. (d) An The Employer may direct an employee who requests is pregnant to proceed on maternity leave after giving birth to at any time where, the employee cannot produce a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period medical certificate stating that begins on the date of the birth and ends no later than 17 weeks after that dateher condition does not prevent her from performing her normal work functions. (e) An employee who requests 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 employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be that point where the maternity leave taken during the period that begins on the date of before and after the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave iftotals seventeen weeks, for reasons related to unless sooner terminated by the birth employee's resignation or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)work. (g) A request for When an employee on maternity leave must: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 given in writing considered to have resigned her position on the Employer,last day of the time allotted. ii(k) if The Employer may extend the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date leave period following termination of the pregnancy terminated or stating the reasons for requesting additional leave under subsection referred to in Article 18.04 (f). (hl) If An employee who resigns her position in accordance with Article 18.04 (a) or 18.04 (j) for maternity reasons shall retain her accrued benefits if she becomes re-employed in Part I service within six (6) months from the date of her resignation, provided such benefits have not been previously liquidated. (m) During the period of up to seventeen (17) weeks only specified in 18.04 (f) hereof: (i) an employee continues to earn seniority and continuous service credits based on what the employee’s regular hours of work would have been; (ii) where the employee participates in group insurance plans of the Employer, the employee and Employer shall continue their contributions to premiums as required by and subject to the terms of such plans, (iii) an employee maintains previously accumulated sick leave under subsection and vacation leave credits but does not accrue sick leave or vacation leave benefits while on maternity leave. Period of less than one (c1) or month shall not be counted in this calculation. (dn) proposes to Should the employee not return to work earlier than 6 weeks after giving birth following her maternity leave the employee shall compensate the Employer for the maternity leave allowance provided for in (e) above. (o) Prior to the childcommencement of maternity leave, the Employer may require the sick leave will be granted to an employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workfor sickness arising from complications associated with her pregnancy, excluding normal delivery.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy1. Female Administrators shall, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Actupon request, shall be covered by sick granted maternity leave credits providing in accordance with 29 USC Chapter 28, the employee Family Medical Leave Act (FMLA), and MGL, Chapter 149 Section 105D, the Massachusetts Parental Leave Act (MPLA). A female Administrator is not in receipt of eligible for maternity benefits leave under the Employment Insurance Act or any wage loss replacement planFMLA, if she has been employed full time by the Wellesley School Department for at least twelve months (the summer counts for purposes of FMLA) and worked at least 1,250 hours during the twelve months immediately preceding the leave; and under the MPLA if she has been employed full time by the Wellesley School department for at least three consecutive months. (c) A pregnant employee who requests maternity leave is entitled to 2. Under the FMLA, female Administrators may take up to 17 consecutive twelve (12) weeks of unpaid leave, which must and under the MPLA for up to eight (8) weeks, for purposes of giving birth. The periods of FMLA and MPLA leave may run concurrently, however, leave taken due to complications from pregnancy may be taken during designated as FMLA leave, whereas MPLA leave commences upon the period that begins: i) no earlier than 13 birth of the child. In the case of multiple births, the MPLA provides for eight weeks before the expected birth dateof leave for each child. Except as provided in paragraph 3, and ii) below, a female Administrator shall return to work no later than the actual birth date and ends no later than 17 weeks after expiration of the FMLA or MPLA leave beginsperiod. 3. In addition to leave available under the FMLA and MPLA, a female Administrators may take leave for such longer period of time as she may be disabled from performing her usual professional responsibilities because of her pregnancy or other maternity related condition. Female Administrators on such disability leave shall return to work as soon as she is no longer disabled. 4. Beyond the statutory periods of leave addressed in paragraph 2 above, and disability leaves addressed in paragraph 3 above, a female Administrator may request to extend maternity leave by taking discretionary leave for a specified period of time up to the start of the second school year following the commencement of her maternity leave. In no case will the combined maternity and discretionary leaves exceed two school years. A maternity leave of absence that begins in the summer (d) An employee who requests leave after giving birth to a i.e., child is entitled born in July or August) will be granted the full school year immediately following the birth of the baby. Such requests for discretionary leave shall be granted except for those cases in which it is educationally unsound. Partial maternity discretionary leaves defined as a reduced Full‐Time Equivalent (FTE) schedule may be granted on a case by case basis with the approval of the Superintendent of Schools. 5. Female Administrators on maternity leave may apply their accumulated sick leave days or personal days to up to 17 consecutive eight (8) weeks of unpaid their period of disability that occurs from the birth of a child due to vaginal birth and up to ten (10) weeks due to caesarian section. The eight (or ten) week period during which a female Administrator may use paid leave are calendar weeks and could include the two (2) weeks prior to birth. Paid leave may only be used for days during which school is in session. Otherwise, maternity leave shall be without pay or increment. 6. If, for documented medical reasons, more than the forty (40) consecutive work days (8 weeks) of accrued paid sick leave are required up to an additional four (4) weeks of accrued sick time may be paid, the professional staff member must provide the Director of Human Resources with medical documentation prior to the end of her original maternity leave, which . 7. The Administrator must be taken during the period that begins on the give at least two weeks notice of her anticipated date of the birth departure and ends no later than 17 weeks after that dateintention to return. (e) An employee who requests 8. Upon return from leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancyunder this provision, the employee is unable shall be returned to return to work when her previous position unless there has been a reduction in force, in which case the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.provisions of

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissalwill be granted in accordance with the provisions of the Employment Standards Act, R.S.O. 1980, c.137 except where amended in this provision. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: ihas been employed continuously for thirteen (13) no earlier than 13 weeks before the expected date of birth date, is entitled to an unpaid maternity leave. (i) The employee shall give written notification at least two (2) weeks prior to the commencement of the leave of her request for leave. She shall also furnish the Hospital with her Doctor's certificate as to pregnancy and expected date of delivery at the time the above notification is given. (ii) no later than the actual birth date and The pregnancy leave of an employee who is entitled to take parental (a) ends no later than 17 seventeen weeks after the pregnancy leave beginsbegan. (iii) The pregnancy leave of an employee who is not entitled to take parental leave pursuant to Article 15.04 (a) ends seventeen weeks after the pregnancy leave began or six weeks after the pregnancy ended, whichever is later. (iv) An employee's pregnancy leave may end on a date earlier than that specified in 15.03 (c) (ii) or (iii) where the employee is fit to return to work and she provides the employer with at least four (4) weeks notice of that earlier date. (d) An employee who requests leave after giving birth may stop work because of complications caused by her pregnancy or because of a birth, stillbirth or miscarriage that occurs prior to a child is entitled to up to 17 consecutive the expected date of birth. When an employee does stop work, she must, within two weeks of unpaid leavestopping work, which must be taken during provide the period Hospital with written notice of the day the pregnancy leave began or is to begin and a certificate from a legally qualified medical practitioner that begins on either states that the associate is unable to perform duties because of complications caused by her pregnancy and states the expected birth date or in any other case states the date of birth, still-birth or miscarriage and the birth and ends no later than 17 weeks after that datedate the employee was expected to give birth. (e) An employee who requests on maternity leave after shall continue to participate in the termination of benefit plans provided for under the employee’s pregnancy is entitled collective agreement unless she elects, in writing, not to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateso participate. (f) An The employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave ifshall remit, for reasons related to the birth or the termination in advance of the pregnancymonth for which coverage in the benefit plan is to be provided, the employee is unable employee's portion, if any, of the billed premium. The employer shall continue to return to work when pay the employer's portion of the billed premium unless the employee leave ends consistent with (c), (d) and (e)gives notice that she does not intend to pay her portion of the billed premium. (g) A request for leave must: i) be given in writing An employee shall continue to the Employer,accrue seniority while she is on maternity leave. (ii) if The accrual of seniority provided for in (a) (i) above shall not be credited toward the request is made during completion of a probationary period or toward the pregnancy, be given to eligibility for benefits as provided in the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)benefit plans enumerated in this agreement. (h) If an An employee on leave under subsection (c) or (d) proposes shall confirm her intention to return to work earlier than 6 at least two (2) weeks after giving birth in advance of the date that she intends to return. This employee shall be reinstated to her former position, if available, or given a comparable position at her rate of pay at the time she commenced her maternity leave or at the rate of pay that she would be entitled to receive had she worked through the leave, whichever is greater. (i) If the Hospital's operations were suspended or discontinued while the employee was on leave and have not resumed when the leave ends, the Hospital shall reinstate the employee when the operations resume in accordance with the Hospital's seniority system as set out in this agreement. (j) The supplemental unemployment benefit plan provided for in this article shall only be available to employees who have completed ten (10) continuous and uninterrupted months of service or are in receipt of Employment Insurance benefits with the Hospital. Effective upon confirmation by the Employment Insurance Commission of the Hospitals Supplemental Unemployment Benefit (SUB) Plan, an employee who commences maternity leave as provided under this agreement who is in receipt of Employment Insurance Pregnancy Benefits pursuant to Section 22 of the Employment Insurance Act, R.S.C. 1997, c. U-1 as amended, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the childdifference between ninety-three per cent (93%) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two (2) week Employment Insurance waiting period, and receipt by the Employer may require Hospital of the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating employee's Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance Pregnancy Benefits, and shall continue while the employee is able in receipt of such benefits for a maximum period of fifteen (15) weeks. The Hospital will pay the employee ninety-three (93%) percent of her regular weekly earnings during the first two-week period of the leave while waiting to resume workreceive Employment Insurance Benefits. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours. (k) Employees have no vested right to payments under this Article except to payments during a period of unemployment specified in this Article. (l) Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this Article. (m) Payments received under the SUB Plan will not be considered earnings for purposes of determining entitlement to unemployment insurance benefits.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity Every employee who becomes pregnant shall notify the Employer of her pregnancy at least fifteen (15) weeks prior to the expected date of termination of her pregnancy and, subject to sub-section (iii), shall be granted leave of absence without pay for a total period not to exceed thirty-seven (37) weeks consisting of two periods as follows: (i) A maximum of eleven (11) weeks prior to the expected termination date of her pregnancy; and A maximum of twenty-six (26) weeks following the termination date of her pregnancy; (ii) Notwithstanding sub-paragraph (a) (i) above, a regular employee may elect to use earned vacation and/or compensatory leave credits prior to and subsequent to use of unpaid maternity leave but total leave shall not constitute cause for dismissal.exceed 11 weeks prior to and 26 weeks after the termination of pregnancy; (iii) A regular employee who has not commenced maternity leave without pay may elect to use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave Article. For purposes of this Clause, illness or injury as defined in Article 39 shall include medical disability related to pregnancy; (iv) Where the employee's newborn child is born prematurely, or is born with or contracts a condition that requires its hospitalization within the twenty-six (26) week period defined in sub-paragraph (i) above, the period of maternity leave without pay therein defined may be extended beyond the date falling twenty-six (26) weeks after the date of childbirth by a period equal to the period during which the child is hospitalized. This extension shall end no later than fifty-two (52) weeks after the termination date of pregnancy; (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the childAt its discretion, the Employer may require an employee to submit a medical certificate certifying pregnancy; (c) Where the employee commences maternity leave at a date later than eleven (11) weeks prior to give the expected date of termination of her pregnancy, the Employer may request submission of a certificate from a qualified medical practitioner’s or nurse practitioner’s certificate practitioner stating the health of the employee. Similarly, the Employer may, upon submission of a certificate from a qualified medical practitioner stating the health of the employee, permit the leave to commence at a date earlier than eleven (11) weeks prior to the expected date of termination of her pregnancy and/or provide the employee is able an extension to resume work.the maternity leave entitlement beyond the maximum thirty-seven (37) week period; (i) An employee who has proceeded on maternity leave must notify the Employer in writing within the two

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Workers will be granted Maternity leave shall not constitute cause Leave without pay for dismissalup to 78 weeks. (b) Medical complications A worker requesting Maternity Leave will do so in writing and will provide a certificate from her doctor stating the estimated date of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planbirth. (c) A pregnant employee who requests maternity leave is entitled Maternity Leave will commence 11 weeks prior to up to 17 consecutive weeks the estimated date of unpaid leave, which must be taken during birth or at a later date the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsworker requests. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive Maternity Leave will not end until at least six weeks of unpaid leave, which must be taken during the period that begins on following the date of birth unless the birth and ends no later than 17 weeks after that dateworker requests a shorter period. (e) An employee who requests leave after If a worker desires a shorter period, she must notify the termination of the employee’s pregnancy is entitled to up to 6 consecutive CEU in writing at least two weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable before she wishes to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by must provide a medical practitioner's or nurse practitioner's certificate from her doctor stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee she is able to resume work. (f) Where a worker gives birth, or her pregnancy is terminated, in the 20th week of pregnancy or later, and before maternity leave is requested or has commenced pursuant to Article 8.3, a leave of absence for a period of up to six weeks will be granted, subject to appropriate medical certification. (g) Where a pregnancy is terminated in the 19th week of pregnancy, or earlier, and before maternity leave is requested or has commenced pursuant to Article 8.3, a leave of absence without pay for a period of up to six weeks will be granted, subject to appropriate medical certification. When a worker is incapable of performing her duties after the completion of this leave, an additional leave of absence without pay for a period of up to six weeks will be granted, subject to the appropriate medical certification. (h) Subject to other applicable provisions of this agreement, the CEU may require a worker to commence a Maternity Leave when she cannot reasonably perform her duties because of the pregnancy and to continue the leave until she provides a certificate from her doctor stating that she is able to perform her duties. (i) The CEU will consider the services of a worker on the legislated paid portion of Maternity Leave continuous for the purpose of any pension, medical or other plan beneficial to her. (j) Article 8.3(i) above applies to all insured benefits listed in Articles 8.1,9.1, 10 and 14. (k) Additional leave will be treated in accordance with Article 8.8(d). (l) A worker who returns from Maternity Leave will return to her previous position with all wages and benefits to which she would have been entitled had she not been on leave. (m) If the provisions of the Employment Standards Act of BC are amended and provide superior conditions to those contained in this Article 8.3, the superior provisions will apply.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (aThe clause is applicable to part-time employees only) Maternity leave will be 'granted in accordance with the provision of the Employment Standards Act except where amended this provision. The service requirement for eligibility for maternity leave shall be months of continuous service. The employee shall give written notification one month prior to the commencement of the leave of her request for leave together with her expected date of return. At such time she shall also furnish the Hospital with her certificate as to pregnancy and expected date of delivery. An employee on maternity leave as provided under this agreement who is in receipt of Unemployment pregnancy benefits pursuant to Section shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between seventy-five percent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. shall commence -completion of the two unemployment insurance waiting period, and receipt by the Hospital of the employee's Unemployment Insurance cheque stub as that she receipt of Unemployment Insurance pregnancy benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of (15) weeks. The regular weekly earnings shall be determined by her regular hourly rate on her last day worked prior to the The employee has the right to extend the maternity leave to six (6) total. Written notice by the employee to extend the maternity leave will be given at least two (2) weeks prior to the termination of the initially approved leave. This notice requirement will be shortened in circumstances where medical complications occur the two (2) weeks prior to the termination of the initially approved leave. Effective October credits for service shall accumulate while an employee is on maternity leave for the initial seventeen (17) weeks from the commencement of the leave on the basis of what the employee's normal regular hours of work would have been. When a maternity leave is granted by the Hospital, an employee who granted such leave shall not constitute cause for dismissal. (b) Medical complications lose her seniority and shall accumulate seniority on the basis of pregnancywhat her normal regular hours of work would have been. The employee shall her intention to return to work on the date originally provided to the Hospital above by written notification to be received by the Hospital at least two weeks Subject to any changes to the status which would have occurred had she not been on maternity leave, including complications during the employee shall be reinstated to her former duties, on the same shift the same department, and at the same rate of pay. an unpaid employee with at least twelve months of continuous service qualifies to adopt a child, such employee shall be entitled to a leave of absence without pay for maternity reasons preceding a period of up to three (3) months duration or such greater time as may be required up to a maximum aggregate six (6) months. Such employee shall advise the period stated Hospital as far in advance a5 possible of having qualified to adopt a child, and shall request the leave of absence in writing upon receipt of of the pending adoption. If because of late receipt of confirmation of the pending adoption the employee find it impossible to request the leave of absence writing, the request may be made verbally and subsequently verified in writing. Effective on by the Employment Unemployment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) plan, and effective October an employee on leave as set out above who is in receipt of Unemployment Insurance adoption benefits pursuant to Section of the Unemployment Insurance Act, shall be covered paid a supplemental unemployment benefit. That benefit be equivalent to the difference between per cent (75%) of her regular weekly and the sum of her weekly Insurance benefits and any other earnings. Such payment shall commence following completion of the two week unemployment insurance period, and receipt by the Hospital of the Unemployment receipt of Unemployment Insurance adoption benefits, and shall continue while the employee in receipt of such benefits for a maximum period of fifteen (15) weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the of the leave times her normal weekly hours. It understood that during an exceeding thirty (30) continuous calendar credit for service for purposes of increment, vacation, sick leave, or any other benefits under any provisions of the collective agreement or elsewhere shall be suspended, the pro rata basis and the anniversary date adjusted by the entire period of the absence. In addition, the employee will become responsible for full payment of subsidized employee benefits which is participating for the period of the absence. shall accumulate for the initial seventeen (17) weeks from the of the leave credits providing while an employee is on leave. However, credit for shall not be suspended but shall accumulate during such leave. Effective October the Hospital will continue to pay its share of the premiums of the subsidized employee benefits which the employee is not in receipt participating €or the initial seventeen (17) weeks from the commencement of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. leave while the employee is on adoption leave. After seventeen (c17) A pregnant employee who requests maternity leave is weeks and subject to the provisions of the master policies governing such plans, employees. desiring to maintain- such protection through the Employer shall be entitled to up remit to 17 consecutive weeks of unpaid leave, which must be taken the Employer such full as fall due during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth so as to a child is entitled insure continued coverage. Subject to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related any changes to the birth or the termination of the pregnancystatus which would have occurred had she not been on ' adoption leave, the employee is unable shall be reinstated to return her duties, on the same shift the same department, at the same rate of pay. Where an employee with at least twelve (12) months of continuous service qualifies to work when adopt a child, such employee shall be entitled to a leave of absence without pay for a period of up to .three (3) months duration or such greater. time as may be required up to a maximum aggregate of six (6) months. Such employee shall advise the Hospital as far in advance as possible of having qualified to adopt a child, and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption. If because of late receipt of confirmation of the pending adoption the employee find it impossible to request the leave ends consistent with (c)of absence in writing, (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is may be made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required verbally and subsequently verified writing. Effective on confirmation by the EmployerUnemployment Insurance Commission of the appropriateness of the Supplemental Unemployment Benefit (SUB) plan, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If and effective October an employee on leave under subsection (c) or (d) proposes as set out above who is in receipt of Unemployment Insurance adoption benefits pursuant to return to work earlier than 6 weeks after giving birth Section of the Unemployment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the childdifference between seventy-five per cent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall commence following completion of the two week unemployment insurance waiting period, and receipt by the Hospital of the Unemployment Insurance cheque stub as proof that she receipt of Unemployment Insurance adoption benefits for a maximum period of fifteen (15) weeks. The regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the of the leave times her normal Effective October credits for service shall accumulate while an employee is on adoption leave for the initial seventeen (17) weeks from the commencement of the leave on the basis of what the employee's normal regular hours of work would have been. regular hours of work would have been. Subject to any changes to the employee's status which have occurred had she not been on adoption leave, the Employer may require employee shall be reinstated to her former duties, on the employee to give same shift in the Employer a medical practitioner’s or nurse practitioner’s certificate stating same department, at the employee is able to resume worksame rate of pay.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. 11.02.01 Employees shall be granted maternity leave of absence without pay according to the following: 11.02.02 The Employee shall request her leave of absence in writing, accompanied by a medical opinion certifying pregnancy and specifying the estimated date of confinement, four (a4) weeks prior to the date she intends to commence such leave. Maternity leave shall consist of a period not constitute cause for dismissalexceeding one hundred and thirty-two (132) days, unless otherwise provided herein. 11.02.03 Maternity leave shall commence not more than ninety (b90) Medical complications days prior to the expected date of pregnancy, including complications during an unpaid leave termination of absence for maternity reasons preceding pregnancy except when supported by a medical certificate. Such exception shall not be considered as part of the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planone hundred and thirty-two (132) days referred to herein. (c) A pregnant employee who requests maternity leave 11.02.04 If the date of termination of pregnancy is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the date specified in the medical certificate, as provided above, the number of days difference between the estimated date of termination of pregnancy and the actual birth date of termination of pregnancy shall be considered as maternity leave but shall not be considered as part of the aggregate of one hundred and ends no later than 17 weeks after thirty-two (132) days. Maternity leave may be extended beyond the leave beginsaggregate of one hundred and thirty-two (132) days when supported by a medical certificate. Where such extensions appear to be unreasonable, the Company may require verification of the medical condition from a medical practitioner of their choosing. 11.02.05 The Employee must advise the Company in writing at least two (d2) An employee who requests leave after giving birth weeks in advance of any change to the originally specified date of return to duty. However, once granted a child is entitled to up to 17 consecutive weeks of unpaid maternity leave, which must the Employee will not be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled allowed to up return to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of work until the termination of the pregnancy and ends no later than 6 weeks a return to work after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancypregnancy will terminate these maternity leave provisions. 11.02.06 Unless otherwise specified, reference herein to a medical opinion or certificate shall mean an opinion or certificate signed by a qualified medical practitioner chosen by the Employee. 11.02.07 If following the termination of the maternity leave of absence, the employee is unable Employee desires additional leave prior to return returning to work when duty, the employee Employee may request a voluntary leave ends consistent of absence in accordance with Article 11.01 at least fourteen (c), (d14) and (e). (g) A request for leave must: i) be given in writing days prior to the Employer, ii) if termination of the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin maternity leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) An employee who becomes pregnant shall notify the Employer at least two (2) weeks prior to the date on which she plans to begin her maternity leave of her intention to do so. This written notice must include the date on which she intends to begin her maternity leave, and a letter from her doctor indicating the baby’s due date. b) Subject to sub-clause (c) of this clause, an employee who becomes pregnant shall be granted twenty-eight (28) weeks of leave without pay. This leave may begin at any time within seventeen (17) weeks of the baby's due date, and extends beyond the date of the baby’s birth until the twenty-eight (28) weeks have expired. Maternity leave shall cannot constitute cause for dismissalbe split. For greater clarity, maternity leave must be taken in a single, unbroken stretch. c) The Employer may: i) upon written request from the employee, defer the commencement of maternity leave without pay of an employee or terminate it before the full twenty-eight (b28) Medical complications weeks have expired. ii) grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected termination of her pregnancy. iii) where maternity leave without pay is requested, including complications during require an unpaid employee to submit a medical certificate certifying pregnancy. d) Leave granted under this clause shall be counted in the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment purposes. During such leave, the Employer will continue to pay its applicable share of absence pension and benefit plans. i) An employee who provides the Employer with proof that she has applied for maternity reasons preceding the period stated by and is eligible to receive employment insurance benefits pursuant to applicable provisions of the Employment Insurance Act, shall be covered by sick paid a maternity leave credits providing a allowance in accordance with the employee is not Supplementary Employment Benefit Plan. While in receipt of maternity benefits this allowance, the employee shall continue to accumulate annual leave and sick leave credits. ii) Employees shall have no vested right to payments under the Employment Insurance Act or any wage loss replacement plan, except to payments during a period of unemployment specified in the plan. iii) Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the plan. f) An applicant under sub-clause (ce) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during this clause shall sign an agreement with the period that beginsEmployer providing: i) no earlier than 13 weeks before that she will return to work and remain in the expected birth date, and Employer's employ for a period of at least six (6) months after her return to work; ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth that she will return to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the birth and ends no later than 17 weeks after that dateexpiry of her maternity leave, unless this date is modified with the Employer's consent. (eg) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, Should the employee is unable fail to return to work when as per the provisions of sub-clause (f), the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request recognizes that she is made during the pregnancy, be given indebted to the Employer at least 4 weeks before for the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional amount received as maternity leave under subsection (f)allowance. (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. 33.1 The Corporation shall grant maternity leave without pay of up to seventeen (a17) weeks to a pregnant employee, subject to the following conditions: 33.1.1 The employee shall be required to notify the Corporation in writing at least two (2) weeks prior to the commencement of the maternity leave, unless there is a valid reason why such notice cannot be given, and state the length of leave intended to be taken. 33.1.2 The employee may be required to furnish a medical certificate verifying pregnancy. 33.1.3 Subject to the provisions of Clause 33.2, the period of maternity leave without pay shall commence no earlier than eleven (11) weeks before the expected date of pregnancy termination and end no later than seventeen 33.1.4 Where an employee has or will have the actual care and custody of the newborn child, that employee is entitled to and shall be granted a leave of absence from employment of up to thirty seven (37) weeks commencing and ending within the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee`s care. 33.2 At the request of the employee, the Corporation may defer the commencement of maternity leave for any period approved in writing by a qualified medical practitioner. 33.3 At the request of the employee, the Corporation may allow leave to commence earlier than eleven (11) weeks before the expected termination of her pregnancy. 33.4 Maternity leave shall not constitute cause for dismissal. be terminated at any time prior to six (b6) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that unless the employee submits a certificate from a qualified medical practitioner stating the employee’s health will not be impaired by returning to duty at an earlier date. 33.5 An employee granted maternity leave without pay under this Clause and who is subject to a waiting period of two (f2) weeks before receiving Employment Insurance maternity benefits, shall receive an allowance during this two (2) week waiting period. This allowance shall be in the same amount as the employee receives in benefits for two (2) weeks from Human Resources Development Canada. 33.6 An employee who requests leave is not entitled to up receive Employment Insurance benefits shall receive an allowance equivalent to 6 additional consecutive two (2) weeks of unpaid leave if, for reasons related Employment Insurance benefits based on the amount she would have received if she had been entitled to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)Employment Insurance benefits from Human Resources Development Canada. (g) A request 33.7 Leave granted in accordance with this Clause is included in the calculation of continuous employment for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancypurpose of pension, be given to the Employer at least 4 weeks before the day the employee proposes to begin vacation leave, and iii) if required by increases in the Employerrates of pay, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)health and disability benefits and seniority. (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. In addition to any appropriate Provincial or Federal provisions governing maternity leave and/or benefits, the following understanding shall apply: (ai) Maternity A birth mother wishing to access this Policy must have been engaged for not less than one (1) full season prior to her maternity leave. (ii) Birth mothers may take up to fifty-two (52) weeks of leave, which is made up of fifteen (15) weeks of maternity leave and thirty-seven (37) weeks of parental leave which must follow immediately after her maternity leave is completed. (iii) Recognizing that it is important for both the Artist and the Ballet to make appropriate arrangements in a timely manner it is understood that the Artist shall inform the Ballet of her pregnancy as soon as it is reasonable to do so. The Artist and the Ballet should at this point discuss tentative dates and begin to develop a plan based on those dates and the Ballet’s rehearsal and performance schedule. The purpose of these meetings is for both parties to discuss their respective needs and scheduling requirements. (iv) The specific dates of commencement and termination of each leave will be determined by agreement between the Ballet and the Artist, taking into account the Artist’s ability to continue performing while pregnant or after child-birth, as well as the individual health and personal needs of the Artist. At the request of the Artist, Equity may participate in those discussions. The Artistic Director will consider opportunities for the Artist to continue performing in a limited capacity (such as walk-on roles), and make best efforts to accommodate the Artist as long as possible prior to commencing the pregnancy leave. (v) Except where the Artist prefers otherwise, pregnancy leave shall not constitute cause for dismissalbegin earlier than twelve (12) weeks prior to the anticipated date of childbirth and shall end not earlier than six (6) weeks following date of childbirth. (bvi) Medical complications of pregnancyProvided such duties are available and subject to operational needs, including complications during an unpaid the Ballet shall arrange for modified duties for the Artist in order to bridge the gap between when it is no longer feasible for her to continue dancing and when her maternity leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, is expected to begin. Such duties shall be covered by sick leave credits providing discussed and agreed upon with the employee is not Artist taking into account her physical needs. At the request of the Artist, Equity may participate in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planthose discussions. (cvii) A pregnant employee who requests maternity If the Artist has not elected to take the full fifty-two (52) week leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancyperiod, the employee is unable to return to work when Artist and the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier Ballet shall meet not more than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.twenty-four

Appears in 1 contract

Samples: Alberta Ballet Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. An employee who is pregnant and who has been employed at least ten (a10) Maternity months immediately preceding the expected date of birth shall be entitled, upon her written application to a leave shall not constitute cause for dismissal. of seventeen (b17) Medical complications of pregnancy, including complications during an unpaid weeks employment or such shorter leave of absence for maternity reasons preceding as the employee may request com- mencing during the period stated of eleven (11) weeks immediately pre- ceding the estimated day of her delivery. Effective on confirmation by the Employment Unemployment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) plan, an employee on leave as set out above who is in receipt of Unemployment Insurance pregnancy benefits pursuant to Section of the Unemployment Insurance Act, shall be covered paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between per cent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall commence following comple- tion of the unemployment insurance waiting period, and receipt by sick leave credits providing the Hospital of the employee's Unemployment Insurance cheque stub as proof that she is in receipt of Unemployment Insurance pregnancy benefits, and shall continue while the employee is not in receipt of maternity such benefits under for a maximum period of fifteen ( 15) weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity commencement: leave times her normal weekly hours. Where the actual date of her delivery is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after estimated day of her delivery, the leave begins. of absence shall not end before the expiration of six (d6) weeks following the actual date of her delivery. The employee shall give her Employer four (4) notice in writing prior to the day upon which she intends to commence her leave of absence and shall furnish her Employer with the certificate of a legally qualified medical practitioner stating that she is pregnant and giving the estimated day upon which delivery will occur in his opinion. An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leavemay, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable if she desires to return to work when work, shorten the employee duration of the leave ends consistent of absence requested upon giving her Employer three (3) weeks' notice of her intention to do so and furnishing her Employer with (c), (d) and (e). (g) A request for leave must: i) be given in writing the certificate of a legally quali- fied medical practitioner stating that she is able to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the resume her work. The Employer may require the employee to give begin the leave of absence at such time as, in its opinion, the duties of her posi- tion cannot reasonably be performed by a pregnant woman or the performance of her work is materially affected by the pregnancy. The employee shall, if requested by the Employer, furnish medical proof of her fitness to resume her employment following the leave of absence. Credits for service, for the purpose of salary increments, for vacations, sick leave or other benefits under the provisions of the collective agreement or elsewhere shall be retained up to the commencement of the leave of absence, but shall not be accumulated during such leave except that, in the case of an employee who has worked ten (10) or more days during the calendar month, such credits shall continue to accumulate to the end of that calendar month. Credits for competitive seniority (as distinguished from benefit seniority) shall accumulate during the period of the leave. No contributions for any employee benefits provided under the collective agreement will be mads by the Hospital during any such leave of absence. Subject to the provisions of the master policies governing such plans, employees desiring to maintain such protection through the Employer a medical practitioner’s or nurse practitioner’s certificate stating shall be entitled to remit to the Employer such full premiums as fall due during the leave so as to insure continued coverage. No leave granted under the provisions of this Article will be considered sick leave and sick leave credits may not be used. An employee intending to resume employment with the Employer is required to advise the writing four (4) weeks prior to the expiry of t h e leave of absence for preg- xxxxx. Upon her return to work following such leave, the employee w i l l be returned to her former position or to work of a comparable nature at the same increment level of pay as she received prior to the commencement of the leave. In accordance with the of t h i s Agreement relating to provided that where operations which were suspended or discon- tinued by the Employer during such leave of absence have not been resumed by the Employer prior to the expiry thereof, the Employer shall, upon resumption of such operations, return the employee to work as above provided in this Paragraph. The leave of absence provided for under this A r t i c l e shall be extended, upon application in writing to the Employer at least two (2) weeks prior to the expiry of the leave, for a period up to six ( 6 ) months following the date the leave Adoptio n Leave Where an employee, with at least ten (10) months of contin - uous service qualifies to adopt a child, such employee w i l l be entitled to a leave of absence without pay for a period of up to seventeen (17) weeks' duration or such greater t i m e as may be required by the adoption agency concerned, up to a maximum aggregate of six (6) months. Such employee shall advise the Hospital as far in advance as possible of having qualified to adopt a child, and shall request the leave of absence in writing upon receipt of confirmation of the pending adoption. It is able to resume work.understood that, during any such leave, credit for service for the purposes of salary vacations, sick leave or any other benefits under any provisions of the Collective Agreement or elsewhere shall be suspended during such leave and the employee's anniversary date adjusted accordingly. In addition, the employee w i l l become responsible for f u l l pay- ment of subsidized employee benefits in which he or she is for the period of the absence. Credit for seniority during any such leave shall accrue for a period of ninety (90)

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy1. Female Administrators shall, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Actupon request, shall be covered by sick granted maternity leave credits providing in accordance with 29 USC Chapter 28, the employee Family Medical Leave Act (FMLA), and MGL, Chapter 149 Section 105D, the Massachusetts Parental Leave Act (MPLA). A female Administrator is not in receipt of eligible for maternity benefits leave under the Employment Insurance Act or any wage loss replacement planFMLA, if she has been employed full time by the Wellesley School Department for at least twelve months (the summer counts for purposes of FMLA) and worked at least 1,250 hours during the twelve months immediately preceding the leave; and under the MPLA if she has been employed full time by the Wellesley School department for at least three consecutive months. (c) A pregnant employee who requests maternity leave is entitled to 2. Under the FMLA, female Administrators may take up to 17 consecutive twelve (12) weeks of unpaid leave, which must and under the MPLA for up to eight (8) weeks, for purposes of giving birth. The periods of FMLA and MPLA leave may run concurrently, however, leave taken due to complications from pregnancy may be taken during designated as FMLA leave, whereas MPLA leave commences upon the period that begins: i) no earlier than 13 birth of the child. In the case of multiple births, the MPLA provides for eight weeks before the expected birth dateof leave for each child. Except as provided in paragraph 3, and ii) below, a female Administrator shall return to work no later than the actual birth date and ends no later than 17 weeks after expiration of the FMLA or MPLA leave beginsperiod. 3. In addition to leave available under the FMLA and MPLA, a female Administrators may take leave for such longer period of time as she may be disabled from performing her usual professional responsibilities because of her pregnancy or other maternity related condition. Female Administrators on such disability leave shall return to work as soon as she is no longer disabled. 4. Beyond the statutory periods of leave addressed in paragraph 2 above, and disability leaves addressed in paragraph 3 above, a female Administrator may request to extend maternity leave by taking discretionary leave for a specified period of time up to the start of the second school year following the commencement of her maternity leave. In no case will the combined maternity and discretionary leaves exceed two school years. A maternity leave of absence that begins in the summer (d) An employee who requests leave after giving birth to a i.e., child is entitled born in July or August) will be granted the full school year immediately following the birth of the baby. Such requests for discretionary leave shall be granted except for those cases in which it is educationally unsound. Partial maternity discretionary leaves defined as a reduced Full‐Time Equivalent (FTE) schedule may be granted on a case by case basis with the approval of the Superintendent of Schools. 5. Female Administrators on maternity leave may apply their accumulated sick leave days or personal days to up to 17 consecutive eight (8) weeks of unpaid their period of disability that occurs from the birth of a child due to vaginal birth and up to ten (10) weeks due to caesarian section. The eight (or ten) week period during which a female Administrator may use paid leave are calendar weeks and could include the two (2) weeks prior to birth. Paid leave may only be used for days during which school is in session. Otherwise, maternity leave shall be without pay or increment. 6. If, for documented medical reasons, more than the forty (40) consecutive work days (8 weeks) of accrued paid sick leave are required up to an additional four (4) weeks, the Administrator must provide the Director of Human Resources with medical documentation prior to the end of her original maternity leave, which . 7. The Administrator must be taken during the period that begins on the give at least two weeks notice of her anticipated date of the birth departure and ends no later than 17 weeks after that dateintention to return. (e) An employee who requests 8. Upon return from leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancyunder this provision, the employee is unable shall be returned to return to work when her previous position unless there has been a reduction in force, in which case the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.provisions of

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Maternity An employee must provide notice to the company in advance of the expected date of commencement of parental leave. The notice requirements are: (i) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least ten weeks; (ii) of the date on which the employee proposes to commence maternity leave shall not constitute cause for dismissaland the period of leave to be taken – at least four weeks. (b) Medical complications When the employee gives notice under 6.7.4(a)(i) the employee must also provide a statutory declaration stating particulars of pregnancy, including complications during an unpaid any period of paternity leave of absence sought or taken by her spouse and that for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or leave she will not engage in any wage loss replacement planconduct inconsistent with her contract of employment. (c) A pregnant An employee who requests maternity leave will not be in breach of this clause if failure to give the stipulated notice is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no occasioned by confinement occurring earlier than 13 weeks before the expected birth presumed date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An Subject to 6.7.3(a) and unless agreed otherwise between the company and employee, an employee who requests may commence parental leave after giving birth at any time within six weeks immediately prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the birth and ends no later than 17 weeks after that datebirth. (e) An Where an employee who requests leave continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the termination birth of the employee’s pregnancy child, an company may require the employee to provide a medical certificate stating that she is entitled fit to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateher normal duties. (f) An Special maternity leave (i) Where the pregnancy of an employee who requests not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary. (ii) Where an employee is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons suffering from an illness not related to the birth or the termination direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave. (iii) Where an employee not then on maternity leave suffers illness related to her pregnancy, the employee she may take any paid sick leave to which she is unable to then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work when the employee work. The aggregate of paid sick leave, special maternity leave ends consistent with (c)and parental leave, (d) and (e)including parental leave taken by a spouse, may not exceed 52 weeks. (g) A request for Where leave must: i) be given in writing to the Employer, ii) if the request is made granted under 6.7.4(d), during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional period of leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to may return to work earlier than 6 weeks after giving birth to at any time, as agreed between the child, the Employer may require company and the employee to give provided that time does not exceed four weeks from the Employer a medical practitioner’s or nurse practitioner’s certificate stating recommencement date desired by the employee is able to resume workemployee.

Appears in 1 contract

Samples: Workplace Agreement

Maternity Leave. (a) Maternity leave An employee may be absent from work without pay for a medical examination related to her pregnancy or for an examination related to her pregnancy carried out by a midwife. She shall not constitute cause for dismissaladvise her employer as soon as possible of the time at which she will be absent. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 a maternity leave without pay of not more than 18 consecutive weeks of unpaid unless, at her request, the employer consents to a longer maternity leave, which must be taken during . The employee may spread the period that begins: i) no earlier than 13 weeks maternity leave as she wishes before or after the expected birth datedate of delivery. However, and ii) no later than where the actual birth date and ends no later than 17 weeks after the maternity leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date week of delivery, that week shall not be taken into account in calculating the birth and ends no later than 17 weeks after that datemaximum period of 18 consecutive weeks. (ec) An employee who requests leave If the delivery takes place after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that expected date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable entitled to at least two weeks of maternity leave after the delivery. d) The maternity leave shall not begin before the sixteenth week preceding the expected date of delivery and shall not end later than 18 weeks after the week of delivery. e) Where there is a risk of termination of pregnancy or a risk to the health of the mother or the unborn child, caused by the pregnancy and requiring a work stoppage, the employee is entitled to a special maternity leave, without pay, for the duration indicated in the medical certificate attesting the existing risk and indicating the expected date of delivery. The leave is, where applicable, deemed to be the maternity leave provided for in section 22.01 b) from the beginning of the fourth week preceding the expected date of delivery. f) Where there is termination of pregnancy before the beginning of the twentieth week preceding the expected date of delivery, the employee is entitled to a special maternity leave, without pay, for a period of no longer than three weeks, unless a medical certificate attests that the employee needs an extended leave. If the termination of pregnancy occurs in or after the twentieth week, the employee is entitled to a maternity leave without pay of a maximum duration of 18 consecutive weeks beginning from the week of the event. g) In the case of a termination of pregnancy or a premature birth, the employee must, as soon as possible, give written notice to the employer informing the employer of the event and the expected date of her return to work, accompanied with a medical certificate attesting to the event. h) The maternity leave may be taken after giving written notice of not less than three weeks to the employer, stating the date on which the leave will begin and the date on which the employee will return to work. The notice must be accompanied with a medical certificate attesting to the pregnancy and the expected date of delivery. Where applicable, the medical certificate may be replaced by a written report signed by a midwife. The notice may be of less than three weeks if the medical certificate attests that the employee needs to stop working within a shorter time. i) From the sixth week preceding the expected date of delivery, the employer may, in writing, require a pregnant employee who is still at work to produce a medical certificate attesting that she is fit to work. If the employee refuses or neglects to produce the certificate within eight days, the employer may oblige her to take her maternity leave immediately by sending her a written notice to that effect giving reasons. j) Notwithstanding the notice provided for in section 22.01 h), the employee may return to work when before the expiry of her maternity leave. However, the employer may require a medical certificate from an employee leave ends consistent with (c)who returns to work within the two weeks following delivery, (d) and (e). (g) A request for leave must: i) be given in writing attesting to the Employer, ii) if the request fact that she is made during the pregnancy, be given fit to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Labour Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical Meical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no No earlier than 13 weeks before the expected birth date, and ii) no No later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) ), and (e). (g) A request for leave must: i) be Be given in writing to the Employer, ii) if If the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if If required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. 25.1.1 Female employees shall be entitled to Maternity Leave and subject to this clause the normal maximum entitlement is 52 weeks which can be comprised of paid or unpaid leave or a combination of both. 25.1.2 Subject to this clause and unless otherwise approved, the compulsory Maternity Leave period normally commences six weeks prior to the expected date of birth and continues until six weeks after the date of birth. provided that: (a) if the birth occurs no more than 20 weeks before the expected date, Maternity leave shall not constitute cause for dismissalLeave commences on the date of birth. (b) Medical complications employees may continue to work within the six- week period before the expected date of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing birth if a doctor’s certificate is produced declaring that the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (cfit for work until a specified date. iii) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, if the employee is unable wishes to return to work when before the end of the six-week period following the date of birth the same requirements apply. 25.1.3 If the employee does return to work early they are entitled to use the remaining part of the 12 weeks paid leave ends consistent with (c), (d) and (e)at anytime during the 52 week period. (g) A request 25.1.4 Unless the employee has completed the 12 months qualifying period she is not entitled to be paid for leave mustMaternity Leave, provided that: i(a) If the employee has at least 12 months qualifying period the employee is entitled to full pay for the first 12 weeks of leave, whether the leave is continuous or taken in broken periods. The remainder of the absence may be given in writing covered by annual leave, Long Service Leave or Leave Without Pay, and, (b) If the employee completes 12 months service during the first 12-week period of Maternity Leave she will be entitled to be paid Maternity Leave for the remainder of the 12 week period according to the Employer,sub clause above. ii25.1.5 Employees may have access to paid personal leave during the period of Maternity Leave (other than the 12 week required absence) but only if a medical certificate is supplied and the delegate is satisfied that the nature of the illness is such it makes the employee unfit for work. 25.1.6 Periods of paid leave and the 12 weeks required absence (paid or unpaid) count as service. All other periods of unpaid leave do not count for service for any purpose but do not break continuity of service. 25.1.7 It is unlawful for management to discriminate against an employee because of pregnancy. 25.1.8 Any salary/allowance payments that normally would be paid during the period of leave may be paid in advance if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)so wishes. (h) 25.1.9 If an employee is receiving Higher Duties Allowance before going on Maternity Leave she may be entitled to continued payment for all or part of the period of leave, subject to the approving delegate certifying that she would have continued to receive the higher duties but for the period of leave. 25.1.10 Superannuation contributions are payable during all periods of paid leave under subsection and the 12 week required absence, whether paid or unpaid. 25.1.11 On return to work the employee will be placed in the same position that she vacated if available. If the position is not available she will be placed in a similar position. 25.1.12 If an employee becomes pregnant while on Maternity Leave she would be entitled to a second period of Maternity Leave. Whether it is necessary for the employee to resume duty before proceeding on the second period of Maternity Leave depends on the expected date of the second birth. 25.1.13 By mutual agreement a female employee may work part-time for one (c1) or more periods at any time from the seventh week after the date of birth of her child until its second birthday. 25.1.14 Where there is an entitlement to a 12-week period of paid Maternity Leave, the number of hours per week payable shall be the greater of either (a) or (db): (a) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating where the employee is able working full-time immediately prior to resume workproceeding on Maternity Leave, the employee shall be paid for full-time hours; (b) where the employee has been working both full- time and part-time over the five 5-year period preceding the Maternity Leave, the employee shall be entitled to payment for the average hours per week worked over that period. 25.1.15 Paid Maternity Leave is payable at the hourly rate applicable immediately before the employee proceeds on leave, or at the relevant hourly rate applicable to the employee's classification (i.e. rate under this Agreement is varied whilst employee is on Maternity Leave).

Appears in 1 contract

Samples: Sydney Symphony Orchestra (Corporate Staff) Agreement 2007

Maternity Leave. 11.02.01 Employees shall be granted maternity leave of absence without pay according to the following: 11.02.02 The Employee shall request her leave of absence in writing, accompanied by a medical opinion certifying pregnancy and specifying the estimated date of confinement, four (a4) weeks prior to the date she intends to commence such leave. Maternity leave shall consist of a period not constitute cause for dismissalexceeding one hundred and thirty-two (132) days, unless otherwise provided herein. 11.02.03 Maternity leave shall commence not more than ninety (b90) Medical complications days prior to the expected date of pregnancy, including complications during an unpaid leave termination of absence for maternity reasons preceding pregnancy except when supported by a medical certificate. Such exception shall not be considered as part of the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planone hundred and thirty-two (132) days referred to herein. (c) A pregnant employee who requests maternity leave 11.02.04 If the date of termination of pregnancy is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the date specified in the medical certificate, as provided above, the number of days difference between the estimated date of termination of pregnancy and the actual birth date of termination of pregnancy shall be considered as maternity leave but shall not be considered as part of the aggregate of one hundred and ends no later than 17 weeks after thirty-two (132) days. Maternity leave may be extended beyond the leave beginsaggregate of one hundred and thirty-two (132) days when supported by a medical certificate. Where such extensions appear to be unreasonable, the Company may require verification of the medical condition from a medical practitioner of their choosing. 11.02.05 The Employee must advise the Company in writing at least two (d2) An employee who requests leave after giving birth weeks in advance of any change to the originally specified date of return to duty. However, once granted a child is entitled to up to 17 consecutive weeks of unpaid maternity leave, which must the Employee will not be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled allowed to up return to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of work until the termination of the pregnancy and ends no later than 6 weeks a return to work after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancypregnancy will terminate these maternity leave provisions. 11.02.06 Unless otherwise specified, reference herein to a medical opinion or certificate shall mean an opinion or certificate signed by a qualified medical practitioner chosen by the Employee. 11.02.07 If following the termination of the maternity leave of absence, the employee is unable Employee desires additional leave prior to return returning to work when duty, the employee Employee may request a voluntary leave ends consistent of absence in accordance with Article ll.0l at least fourteen (c), (d14) and (e). (g) A request for leave must: i) be given in writing days prior to the Employer, ii) if termination of the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin maternity leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. An employee shall have the right, upon written request, to leave of absence for pregnancy and adoption on the following basis: (a) Maternity An employee shall be granted unpaid leave to a maximum of twelve (12) months at the employee's option. The employee shall put a request for maternity leave in writing and shall specify the date the leave is to begin, as well as the date the leave is to end. The employee shall be placed in her former job, or another which is consistent with her seniority, qualifications and former salary. Seniority shall continue to accumulate during this leave and upon reinstatement, all increments to wages and benefits to which the employee would have been entitled had the leave not constitute cause been taken shall be reinstated. The Society shall continue to provide its share of coverage and pay its share of premiums for dismissalall the employee benefits and pension plan while on maternity leave. (b) Medical complications If during the maternity leave or prior to taking the leave, an employee indicates in writing that a longer period of pregnancyleave is required than allowed above, including complications during an unpaid then upon conclusion of the maternity leave, the employee shall be considered on leave of absence for maternity reasons preceding up to an additional twelve (12) months. It is expected that an employee will give a minimum of four (4) weeks notice to extend the leave. The Society will continue to provide coverage for all employee benefit plans, provided the employee pays the premiums. Seniority does not accumulate during this period stated by of leave. The employee shall notify the Employment Insurance Act, Society at least eight (8) weeks prior to wishing to return to work. The employee shall be covered by sick leave credits providing placed in her former job, or another which is consistent with her seniority, qualifications and former salary. (c) Where the pregnancy is terminated before the employee is not in requests or takes leave, the Society shall, on receipt of maternity a medical certificate, grant the employee leave of up to six (6) weeks during which time the benefits of Article 22.07(a) shall apply. (d) Where the mother dies before or following the birth of the child or she becomes disabled and a male employee qualifies for benefits under the Employment Insurance Act or any wage loss replacement plan. (cspousal maternity benefits) A pregnant employee who requests maternity leave is entitled the provisions of this Article shall, upon request, be granted to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that datehim. (e) An employee who requests leave after the termination of the employee’s pregnancy is adopting a child shall be entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. provisions as set out in subsections (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (da) and (e)b) above. (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: (i) no earlier than 13 weeks before the expected birth date, and and (ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: (i) be given in writing to the Employer, (ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and (iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. Every employee is entitled to and shall be granted a leave of absence from employment for the purpose of maternity leave. An employee who applies to take a leave of absence from employment under this Article shall: (a) Maternity Upon written request, be granted maternity leave shall without pay for a period beginning before, on or after the termination date of pregnancy and ending not constitute cause for dismissallater than seventeen (17) weeks after the termination date of pregnancy. (b) Medical complications Notwithstanding paragraph (a): (i) where the employee has not yet commenced maternity leave without pay and their newborn child is hospitalized, or (ii) where the employee has commenced maternity leave without pay and then, upon the employee’s or the Employer’s request, returns to work for all or part of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated during which their newborn child is hospitalized, the period of maternity leave without pay defined in paragraph (a) will be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by the Employment Insurance Act, shall be covered by sick leave credits providing number of weeks during which the child is hospitalized and the employee is has not been on maternity leave. This extension must not result in receipt the period of maternity benefits leave being longer than fifty-two (52) weeks. A request under this sub-clause must include proof of the Employment Insurance Act or any wage loss replacement planduration of hospitalization for the new-born. (c) A pregnant The Employer may require an employee who requests maternity leave is entitled to up to 17 consecutive weeks submit a medical certificate certifying pregnancy and expected date of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsdelivery. (d) An employee who requests has not commenced maternity leave after giving birth to a child is entitled to without pay may elect to: (i) use earned vacation and compensatory leave credits up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on and beyond the date that their pregnancy terminates; (ii) use their sick leave credits (if any) up to and beyond the date that their pregnancy terminates, subject to the provisions set out in Article 21, Sick Leave with Pay. For purposes of this subparagraph, the birth and ends no later than 17 weeks after that dateterms “illness” or “injury” used in Article 21, Sick Leave with Pay, shall include medical disability related to pregnancy. (e) An employee who requests shall inform the Employer in writing of their plans for taking leave after with and without pay to cover their absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of the employee’s pregnancy is entitled expected to up to 6 consecutive weeks of unpaid leave, which must occur unless there is a valid reason why the notice cannot be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that dategiven. (f) An employee who requests shall give at least four (4) weeks notice in writing of any change in the length of leave intended to be taken unless there is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)a valid reason why that notice cannot be given. (g) A request for leave must: i) be given Should the employee wish to return to work prior to the expected date of return, the employee shall inform the Employer in writing at least four (4) weeks in advance of the date on which the employee wishes to the Employer, ii) if the request is made during the pregnancy, be given return to work and the Employer at least 4 weeks before will confirm in writing the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)return-to-work date. (h) Upon returning from Maternity leave, the employee shall be reinstated into the position at the time the leave commenced, if the position still exists. (i) If an during the leave, the employee’s position is eliminated, the employee on leave under subsection will, at that time, be treated as if the employee was still working in the same position and entitled to all rights contained in the collective agreement and will be offered a comparable position at the same salary. Should no position be available up until the expiration of the leave, the employee will be treated in accordance with all rights contained in this collective agreement. (cii) Should the identical or (d) proposes to return to work earlier than 6 weeks after giving birth comparable position be offered to the childemployee and the employee refuses such position, the employee, by such refusal, shall be considered as having voluntarily resigned from employment with the Employer. (i) The employee shall, along with the request for maternity leave without pay, notify the Employer may require in writing of the options chosen concerning the Pension and Insurance Benefits. If these benefits are to be continued, arrangements will be made for the employee to give make the necessary contributions. The Employer a medical practitioner’s or nurse practitioner’s certificate stating shall continue to pay its applicable share of all insurance benefits during the period of leave, provided that the employee is able continues to resume workpay the employee portion of such benefits. (j) Employees who have applied, or are considering applying for Maternity Leave will receive upon request the relevant sections of the Canada Labour Code pertaining to Maternity Leave and job reassignment or job modification for the protection of pregnant or nursing workers. (k) Leave granted under this Article shall be counted 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 be counted for pay increment purposes.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity An Employee with at least 12 months continuous service will be entitled to 14 weeks paid maternity leave, or 28 weeks at half pay and up to 104 weeks unpaid maternity leave shall not constitute cause (inclusive of any paid entitlements). Paid leave will be paid at the ordinary time earnings rate of pay that the Employee would receive for dismissalworking ordinary hours in the period of leave (or half pay as is applicable). (b) Medical complications of pregnancyWhen an Employee elects to take paid maternity leave at half pay, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Actof paid leave that will count for accrual of other entitlements applies on a pro-rata basis, shall be covered by sick leave credits providing the employee is i.e. 14 weeks of service not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan28. (c) A pregnant employee who requests For an Employee to access further paid maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which she must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsfor each occasion return to work for another continuous 12 month period. This clause does not affect an Employee’s entitlement to unpaid maternity leave. (d) An employee who requests leave after giving birth Payments will continue to be made on a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that datefortnightly basis. (e) An employee who requests leave after the termination The Employee will notify TEISD at least 10 weeks in advance of the employee’s pregnancy is entitled anticipated commencement of maternity leave and identify their expected confinement date and the total period of leave to up to 6 consecutive weeks be taken. Return from unpaid maternity leave should coincide with the commencement of unpaid leavea new school term, which must be taken during unless alternative arrangements have been made with the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that datePrincipal/CEO. (f) An employee who requests leave TEISD may require the Employee to provide a medical certificate stating that the Employee is entitled to up to 6 additional consecutive weeks pregnant and the expected date of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)birth. (g) A request for leave must: i) be given in writing Where an Employee continues to work within the 6 weeks immediately prior to the Employer, ii) if expected date of birth, or where the request is made during Employee elects to return to work within 6 weeks after the pregnancybirth of the child, be given TEISD may require the Employee to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by provide a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)that she is fit to work her normal duties. (h) If Where an employee on Employee has not yet commenced maternity leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth and suffers from an illness related to the childpregnancy, the Employer Employee may require be granted paid personal leave to which she is entitled and further unpaid leave. (i) Where an Employee has an entitlement to long service leave at eight (8) years of service the employee Employee may apply to take leave at the end of the Employee’s maternity leave. The Employee will not give less than 10 weeks’ notice in writing prior to the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able commencement of maternity leave of her intention to resume workclaim paid long service leave.

Appears in 1 contract

Samples: Enterprise Bargaining Agreement

Maternity Leave. (ai) Maternity An employee who becomes pregnant shall notify the Employer in writing at least fifteen (15) weeks prior to the expected date of the termination of her pregnancy and, subject to Section (ii) of this clause, shall, eleven (11) weeks before the expected date of the termination of her pregnancy be granted leave without pay for a period ending not later than twenty-six (26) weeks after the date of the termination of her pregnancy. The employee may apply to Compensation and Benefits Division, Department of Finance and she shall not constitute cause for dismissalbe given, within one week of application, a clear understandable information package about maternity leave requirements and benefits. (bii) Medical complications The Employer may: a. upon written request from the employee, defer the commencement of maternity leave without pay of an employee or terminate it earlier than twenty-six (26) weeks after the date of the termination of her pregnancy; x. xxxxx maternity leave without pay to an employee to commence earlier than eleven (11) weeks before the expected termination of her pregnancy; c. where maternity leave without pay is requested, including complications during require an unpaid leave employee to submit a medical certificate certifying pregnancy. (iii) Leave granted under this Article shall be counted for the calculation of absence "continuous employment" and "continuous service". (i) After completion of 6 months continuous employment, an employee who provides the Employer with proof that she has applied for maternity reasons preceding the period stated by and is in receipt of unemployment insurance benefits pursuant to the Employment Insurance Act, shall be covered by sick paid a maternity leave credits providing allowance. (ii) An applicant under Clause 21.04(b)(i) shall sign an agreement with the Employer providing: a. that she will return to work and remain in the Employer's employ for a period of at least six (6) months after her return to work; b. that she will return to work on the date of the expiry of her maternity leave, unless this date is modified with the Employer's consent. (iii) Should the employee fail to return to work, except by reason of death, disability or lay-off as per the provision of Clause 21.04(b)(ii), the employee recognizes that she is indebted to the Employer for the amount received as maternity leave allowance. Should the employee not return for the full six months, except in the case of a subsequent maternity leave without pay during this six (6) month period, the employee's indebtedness shall be reduced on a prorated basis according to the number of months for which she received pay. Where an employee takes a subsequent maternity leave without pay, and does not work for this entire six (6) month period, any amount of the six (6) month period which is not in receipt worked will be added to the period which the Employee is required to work, according to clause 21.04(b)(ii), after the subsequent maternity leave without pay. (iv) No employee shall be laid off, transferred or relocated while on, or within six (6) months of his/her return, from maternity benefits under or adoption leave without the Employment Insurance Act or any wage loss replacement planconsent of the employee, the Employer and the Union. (c) A pregnant employee who requests In respect of the period of maternity leave, payments of maternity leave allowance will consist of the following: (i) For the first two (2) weeks, payments equivalent to 93% of her weekly rate of pay. For up to a maximum of an additional 15 weeks, payments equivalent to the difference between the unemployment insurance benefits she is eligible to receive and 93% of her weekly rate of pay; (ii) a. for a full-time employee the weekly rate of pay referred to in Clause 21.04(c)(i) shall be the weekly rate of pay to which she is entitled to up to 17 consecutive weeks for the job evaluation prescribed in her certificate of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins appointment on the date day immediately preceding the commencement of the birth and ends no later than 17 weeks after that datematernity leave. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity Employees shall request a leave shall not constitute cause of absence without pay up to a maximum of fifteen (15) weeks because of pregnancy. Such request will be granted, provided the employee submits to her Employer, a request in writing for dismissalsuch leave at least two (2) weeks, where possible, prior to the date she intends to commence such leave, together with a certificate from a qualified medical practitioner, certifying that she is pregnant and indicating the estimated date of delivery, or alternatively indicating the actual date of delivery. Such leave may, at her discretion, commence at any time in the period commencing twelve (12) weeks prior to the estimated date of delivery and ending on the actual date of delivery. (b) Medical complications of pregnancyEmployees will continue to accrue seniority while on maternity leave, including complications during an and will be entitled to and will accrue any other benefits provided to employees on unpaid leave leaves of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan(i.e. education leave). (c) A pregnant Employees will have the option of maintaining their coverage under the Employer benefit plan by pre-paying the cost of those benefits prior to commencing such leave, except that during the period in which the employee who requests on maternity leave is entitled in receipt of sick leave credit payments, Weekly Indemnity (group insurance) benefits, or Long Term Disability benefits, payment of premiums or costs to up to 17 consecutive weeks maintain the employee’s coverage under the Employer benefit plan shall be the same as for any employee in receipt of unpaid leavesick leave credit payments, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth dateWeekly Indemnity (group insurance), and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsor Long Term Disability benefits. (d) An Where an employee who requests has qualified for group benefits, has a valid health related reason for absence from work due to pregnancy or maternity and cannot perform her regular duties, she may, regardless of whether she has pre-paid the cost of her benefits, apply for sick leave after giving birth to a child credit payments, Weekly Indemnity (group insurance), and/or Long Term Disability benefits as per the Collective Agreement. If the employee’s application is accepted, she shall be entitled to up such benefits and accruals as provided by the Collective Agreement to 17 consecutive weeks any employee in receipt of unpaid sick leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that dateWeekly Indemnity (group insurance), or Long Term Disability benefits. (e) An The employee, when returning to work at the end of her leave (maternity or parental leave), shall give the Employer two (2) weeks’ notice of date of return. Where the employee who requests leave after returns to work within the termination of the employee’s pregnancy is entitled to up to 6 consecutive first six (6) weeks of unpaid leave, which must be taken during the period that begins on following the date of the termination of the pregnancy and ends no later than 6 weeks after birth, she will be required to submit a certificate from her doctor, indicating that dateher resumption in employment will not, in his/her opinion, endanger her health. (f) An employee Employees, who requests leave is entitled choose not to up to 6 additional consecutive weeks of unpaid leave ifmaintain their benefit coverage under the Employer benefit plan, for reasons related to the birth or the termination of the pregnancy, the employee is unable to will have their benefits reinstated upon return to work when the employee leave ends consistent with (c), (d) and (e)work. (g) A request for The employee shall be returned to her former position at the completion of her leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)of absence. (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave Employees shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid request a leave of absence without pay up to a maximum of fifteen (15) weeks because of pregnancy. Such request will be granted, provided the Employee submits to her Employer a request, in writing, for such leave at least two (2) weeks prior to the date she intends to commence such leave, together with a certificate from a qualified medical practitioner, certifying that she is pregnant and indicating the estimated date of confinement. Such leave may, at her discretion, commence twelve (12) weeks or more (depending on medical requirements) prior to confinement and the period, if any, between the date of confinement mentioned in the certificate and the actual date. Employees will continue to accrue seniority while on maternity reasons preceding leave. Employees will have the period stated option of maintaining their coverage under the Company benefit plan by pre-paying the Employment Insurance Actcost of those benefits prior to commencing such leave. Where a pregnant Employee, who has qualified for group benefits, is disabled and cannot perform her regular duties, she may apply for sick benefits/group insurance benefits as per the Collective Agreement. The Employee, when returning to work at the end of her leave (maternity or parental leave) shall give the Employer two (2) week’s notice of date of return and submit a certificate from her doctor, indicating that her resumption in employment will not, in his/her opinion, endanger her health. Employees, who commence maternity leave, will have benefits reinstated upon return to work. The Employee shall be returned to her former position at the completion of her leave of absence. As of January 1st, 2010 Female Employees will be granted the first five (5) weeks of maternity leave at the Employee’s regular salary top up. As of January 1st, 2011 Female Employees will be granted the first ten (10) weeks of maternity leave at the Employee’s regular salary top up. The Employer agrees to provide five (5) weeks of parental/adoption leave at the Employee’s regular salary to an Employee who is the primary care giver of the child. An additional thirty-two (32) weeks parental/adoption leave, without pay, will be granted if an Employee so requests. Parental leave, for female Employees, shall be covered in addition to their maternity leave. Said paid maternity and parental leave shall be consistent with E.I. regulations and Employees agree to complete all paperwork necessary to reduce Employer costs. The above payment of regular salary shall be paid by sick leave credits the Employer, providing the employee is not in receipt of maternity benefits under Employee returns to work for the Employment Insurance Act Employer. If an Employee voluntarily terminates his or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after her employment at the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid maternity leave and/or parental leave, which must be taken during the period that begins on the date or within twelve (12) months of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled return to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancywork, the employee is unable to return to work when amount of money paid by the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) Employer shall be given in writing to the Employer, ii) if the request is made during the pregnancy, be given reimbursable to the Employer at least 4 weeks before in full, or pro- rated based on one-twelfth (1/12) of the day amount repayment for each month not completed within one (1) year of the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. A Continuous Academic Staff Member, or Probationary Academic Staff Member, or Conditional Continuous Academic Staff Member who has been employed by the Board for a continuous period of at least twelve (a12) months is entitled to Maternity Leave. The length of time for the Maternity Leave shall be a minimum of one hundred and fifty (150) days to a maximum of three hundred and sixty five (365) days, shall be approved by the Board upon the Academic Staff Member's application in writing submitted to the President no less than one hundred and fifty (1 50) days prior to the estimated Date of Delivery, which application shall specify the estimated date of delivery. The Maternity leave shall not constitute cause for dismissal. commence at any time during the ninety (b90) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons days preceding the period stated estimated Date of Delivery. Normally a Maternity Leave will commence at the beginning or end of an academic term. The commencement of Maternity Leave may be initiated by the Employment Insurance ActBoard at any time prior to the estimated Date of Delivery. It is understood that the Board shall initiate the commencement of Maternity Leave only on the advice of a physician. Should the Board wish to initiate the commencement of the Maternity Leave prior to the ninety (90) days preceding the estimated Date of Delivery, the Board shall pay the Academic Staff Member her salary up to the date being ninety (90) days prior to the estimated Date of Delivery. Except as provided for in Article below, Maternity Leave shall be covered by sick leave credits providing without salary and benefits. For the employee is not in receipt portion of maternity benefits under Maternity Leave where the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is Academic Staff Member has a valid, health related reason for being absent from the workplace, she shall be entitled to up the benefits provided for in Article for a maximum period of thirteen (I 3) weeks. The Board will discharge part or all of its obligations under this Article by utilizing a Supplemental Unemployment Benefit (SUB) Plan with Canada Employment and Immigration which provides for payment to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to Academic Staff Member a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date combined weekly rate of the birth Unemployment benefit and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination SUB payments of of the employee’s pregnancy is entitled to up to 6 consecutive weeks Academic Staff Member's normal weekly earnings. The Board will register and implement a Supplementary Unemployment Benefits (SUB) Plan as hereinbefore contemplated which the Academic Staff Member shall access for pay for a maximum period of unpaid leave, which thirteen (13) weeks. The Academic Staff Member on Maternity leave must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given confirm by notice in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes President of her intention to return to work earlier full-time employment with the Board no less than 6 weeks after giving birth ninety (90) days prior to the childexpiration of the Maternity leave, failing which the Academic Staff Member shall be deemed to have resigned her position with the Board. An Academic Staff Member returning to her employment with the Board following the expiration of the Maternity Leave, shall be eligible for all benefits as if she had been continuously employed provided that the time taken on Maternity Leave shall not accrue to her service time or towards her earning an increment. Notwithstanding the foregoing, in the event that the Academic Staff Member should become entitled to the benefits as contemplated in Article above, the Employer may require period of time during which the employee Academic Staff Member is entitled to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating benefits under shall accrue to her service time and towards her earning an increment. Where an Academic Staff Member is paid in lieu of vacation in respect of her service prior to the employee is able Maternity Leave, she shall, on her return to resume workservice with the Board, commence accumulating her vacation entitlement from the date she re-commences her employment following the expiration of the Maternity Leave. In the event that an Academic Staff Member having resigned her employment with the Board for maternity reasons, accepts re-employment with the Board within one year from the date her resignation became effective, the Academic Staff Member shall be considered as having been on Maternity Leave.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: (i) no earlier than 13 weeks before the expected birth date, and and (ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: (i) be given in writing to the Employer, (ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and (iii) if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work. i) Upon return to work, the employee shall continue in her former position without loss of any entitlements.

Appears in 1 contract

Samples: Collective Agreement

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Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c1) A pregnant employee who requests maternity leave under this subsection is entitled to up to 17 consecutive weeks of unpaid leaveleave without loss of seniority, which must be taken during the period that begins: i) begins no earlier than 13 thirteen (13) weeks before the expected birth date, date and ii) no later than the actual birth date date, and ends no later than 17 weeks after the leave begins. Benefit entitlement during the employee’s period of maternity leave will be in accordance with the Employment Standards Act. 2) A request for leave under subsection (d1) must be given in writing to the Employer at least four (4) weeks before the day the employee proposes to start the maternity leave and must be accompanied by a medical practitioner’s certificate stating the expected date of birth and when the employee will be starting leave. 3) An employee who requests employee’s maternity leave must end no earlier than six (6) weeks after giving birth to the child unless the employee makes a child request to the Employer to return to work earlier and provides the Employer with a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work. 4) An employee is entitled to request an unpaid leave of up to 17 six (6) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks 's pregnancy, without loss of unpaid leaveseniority, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f5) An employee who requests employee’s leave is entitled to under subsection (1) or subsection (4) may be extended by up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee employee’s leave ends consistent with under subsection (c1) or (4), (d) and (e). (g) A . The request for leave must: i) must be given submitted in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 two (2) weeks before prior to the day employee’s return to work date and must specify the length of the extension and the revised date the employee proposes to begin leave, and iii) if required by the Employer, will be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes available to return to work earlier work. 6) An employee’s maternity leave may start sooner than 6 thirteen (13) weeks after giving birth prior to the childexpected delivery date, as set out in subsection (1), where the pregnant employee’s attending physician certifies that the health of the pregnant employee or the child may be in danger by the pregnant employee continuing to work. 7) The employee returning to work after maternity leave shall provide to the Employer at least four (4) weeks prior notice of their intention to return. The Employer will offer the employee, without loss of seniority, the Employer same position if it remains established, or, if it does not remain established, the provisions of Article 12 shall apply. Benefit coverage may require be maintained during the period of separation under the present cost-sharing arrangements, provided the employee to give pays their share of the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workpremiums.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissalis available to an employee who is pregnant and/or who has given birth to a child. (b) Medical complications 33.2.1 Special maternity leave Special maternity leave is leave taken by an employee because she has a pregnancy- related illness, or due to the end of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated a pregnancy other than by the Employment Insurance Actbirth of a living child. An application for special maternity leave, shall stating the commencement and end dates of the leave, must be covered made as soon as practicable. The application must be supported by sick leave credits providing a certificate from a medical practitioner that states: • The employee is or was pregnant; and • That the employee is not in receipt unfit for work due to a pregnancy-related illness; or • That the pregnancy has terminated otherwise than by the birth of a living child. An employee may access personal leave entitlements, if available, instead of special maternity benefits under the Employment Insurance Act or any wage loss replacement planleave. (c) A pregnant employee who requests 33.2.2 Ordinary maternity leave Ordinary maternity leave is entitled leave taken by an employee in respect of the birth of a child. Ordinary maternity leave will be taken in one continuous period. The maximum period of ordinary maternity leave is 52 weeks. This entitlement is reduced by any other authorised leave taken in conjunction with the maternity leave (such as annual leave), and by any paternity leave taken by the employee's spouse. An employee who is pregnant and who intends to up take ordinary maternity leave must provide to 17 consecutive weeks Clipsal a medical certificate stating that she is pregnant, and the anticipated date of unpaid leavebirth, which and this statement must be taken during the period that begins: i) no earlier than 13 given at least 10 weeks before the anticipated date of birth. The employee must apply to Clipsal for maternity leave at least four weeks prior to the date on which she proposes to commence her maternity leave, stating the intended commencement and end dates of the leave. She must provide a letter or certificate from a registered medical practitioner confirming the expected birth datedate of birth. An employee must commence ordinary maternity leave at least six weeks prior to the anticipated date of birth, and ii) no later than the actual birth date and ends no later than 17 unless she provides Clipsal with a certificate from a registered medical practitioner, stating that she is fit to work. An employee must take a continuous period of ordinary maternity leave for at least six weeks after the date of birth of her child. The employee must provide a statutory declaration giving the particulars of the paternity leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during by the period employee's partner, and confirming that begins on the date employee intends to be the child's primary caregiver for the duration of the birth and ends no later than 17 weeks after that date. maternity leave (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (ewhere applicable). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Employee Collective Agreement

Maternity Leave. (a) Maternity An employee who becomes pregnant shall notify the Employer at least two (2) weeks prior to the date on which they plan to begin their maternity leave of their intention to do so. This written notice must include the date on which they intend to begin their maternity leave, and a letter from their doctor indicating the baby’s due date. i) Subject to sub-clause c) of this clause, an employee who becomes pregnant shall be granted twenty-eight (28) weeks of leave without pay. This leave may begin at any time within seventeen (17) weeks of the baby’s due date and extends beyond the date of the baby’s birth until the twenty-eight (28) weeks have expired. ii) Notwithstanding sub-clause b) i): 1. where the employee has not yet proceeded on maternity leave without pay and new newborn child is hospitalized, or 2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which their newborn child is hospitalized, the period of maternity leave without pay defined in sub-clause b) i) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks; 3. the extension described above shall end not later than fifty-two (52) weeks after the termination date of pregnancy. c) The Employer may: i) upon written request from the employee, defer commencement of maternity leave without pay of an employee or terminate it before the full twenty-eight (28) weeks have expired; ii) grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected termination of their pregnancy; iii) where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy. d) Leave granted under this clause shall be counted in the calculation of ‘continuous employment’ for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall not constitute cause be counted for dismissalseniority and pay increment purposes. During such leave, the Employer will continue to pay its applicable share of pension and benefit plans. (bi) Medical complications An employee who provides the Employer with proof that they have applied for and are eligible to receive employment insurance benefits pursuant to applicable provisions of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement Québec Parental Insurance Plan, shall be paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan. While in receipt of this allowance, the employee shall continue to accumulate annual leave and sick leave credits. ii) Employees shall have no vested right to payments under the plan, except to payments during a period of unemployment specified in the plan. (ciii) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks Payments in respect of unpaid leave, which must be taken during guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the period that beginsplan. f) An applicant under sub-clause e) of this clause shall sign an agreement with the Employer providing: i) no earlier than 13 that the employee will return to work and remain in the Employer’s employ for a period equivalent to the number of weeks before that they received the expected birth date, and allowance specified in 17.04 (e) (i) up to a maximum of sixteen (16) weeks; ii) no later than that the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth will return to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the birth and ends no later than 17 weeks after that dateexpiry of their maternity leave, unless this date is modified with the Employer’s consent. (ei) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, Should the employee is unable fail to return to work when in accordance with the employee leave ends consistent with (cprovisions of sub-clause f) i), (dor should they return to work but fail to work for the total period specified in provisions of sub-clause f) and (ei). (g) A request for leave must: i) , they will be given in writing indebted to the Employer,Employer for an amount determined as follows: (Allowance received) X (remaining period to be worked following their return to work) total period to be worked as specified in f) i) ii) the repayment provided for in 17.04 g) i) will not apply in situations of: 1. death, 2. lay off, 3. early termination due to lack of work or discontinuance of function of a specified period of employment that would have been sufficient to meet the obligation specified under sub-clause f) i), 4. the end of a specified period of employment, if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workrehired by the Employer within six (6) months following the end of the obligations specified in sub-clause f) i), or 5. has become disabled.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave An employee who becomes pregnant shall not constitute cause for dismissal. notify the Employer at least fifteen (15) weeks prior to the expected date of the termination of her pregnancy and, subject to sub-clause (b) Medical complications of this clause, shall, eleven (11) weeks before the expected date of the termination of her pregnancy be granted leave without pay under this clause for a period not ending later than seventeen (17) weeks after the date of the termination of her pregnancy, including complications during subject to sub-clause 17.04 (d). b) The Employer may: i) upon written request from the employee, defer the commencement of maternity leave without pay of an unpaid employee or terminate it earlier than seventeen (17) weeks after the date of the termination of her pregnancy; ii) grant maternity leave without pay to an employee to commence earlier than eleven (11) weeks before the expected termination of absence her pregnancy; iii) where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy. c) Leave granted under this clause shall be counted in the calculation of "continuous employment" for maternity reasons preceding the period stated by purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for seniority and pay increment purposes. During such leave, the Employer will continue to pay its applicable share of pension and benefit plans. i) An employee who provides the Employer with proof that she has applied for and is in receipt of employment insurance benefits pursuant to applicable provisions of the Employment Insurance Act, shall be covered by sick paid a maternity leave credits providing allowance in accordance with the employee is not Supplementary Employment Benefit Plan. While in receipt of maternity benefits this allowance, the employee shall continue to accumulate annual leave and sick leave credits. ii) Employees shall have no vested right to payments under the Employment Insurance Act or any wage loss replacement plan, except to payments during a period of unemployment specified in the plan. iii) Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the plan. e) An applicant under sub-clause (cd) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during shall sign an agreement with the period that beginsEmployer providing: i) no earlier than 13 weeks before that she will return to work and remain in the expected birth date, and Employer's employ for a period of at least six (6) months after her return to work; ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth that she will return to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the birth and ends no later than 17 weeks after that dateexpiry of her pregnancy leave, unless this date is modified with the Employer's consent. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, Should the employee is unable fail to return to work when as per the employee leave ends consistent with (c), (d) and provisions of sub-clause (e). (g) A request for leave must: i) be given in writing to , the Employer, ii) if the request employee recognizes that she is made during the pregnancy, be given indebted to the Employer at least 4 weeks before for the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional amount received as maternity leave under subsection (f)allowance. (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by y sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.Employment (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no No earlier than 13 weeks before the expected birth date, and and ii) no No later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be Be given in writing to the Employer, ii) if If the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if If required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause w i l l be granted in accordance with the provision of the Standards Act, except where amended in this provision. The service requirement for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding leave shall be months of continuous service. The employee shall give written notification one (1) month leave together with her expected date of At such time she shall also furnish the period stated by Hospital w her Doctor's certificate as to pregnancy and date of delivery. An employee on maternity leave as under this agreement who is receipt of Unemployment pregnancy pursuant to Section of the Employment Insurance Act, benefit will be equivalent to the difference between five per cent (75%) of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall be covered commence following completion of the two week unemployment insurance waiting period, and receipt by sick leave credits providing the Hospital of the Unemployment Insurance cheque stub as proof that she is in receipt of Unemployment Insurance pregnancy benefits, and shall continue while the employee is not in receipt of maternity such benefits under for a maximum period of fifteen (15) weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant commencement of the leave times her normal weekly hours. The employee who requests has the right to extend the maternity leave is entitled to up six months total. Written notice by the employee to 17 consecutive extend the maternity leave will be given at least two (2) weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled initially approved leave. This notice requirement will be shortened in circumstances where medical complications occur in the two (2) weeks prior to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after initially approved leave. It is understood that date. during a maternity leave exceeding thirty (f30) An employee who requests leave is entitled to up to 6 additional consecutive weeks continuous calendar days, credit for service for purposes of unpaid leave ifsalary increment, for reasons related to the birth vacation, sick leave, or the termination any other benefits under any provisions of the pregnancycollective agreement or elsewhere shall be suspended, the benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted by the entire period of the In addition, the employee will become responsible for full payment of subsidized employee benefits in which she is unable participating for the period of absence. Effective date of ratification (Nov. credits for service shall accumulate for the initial seventeen (17) weeks from the commencement of the leave while an employee is on maternity leave. However, credit for seniority shall not be suspended, but shall accumulate during such leave. Effective date of ratification the Hospital will continue to pay its share of the premiums of the subsidized employee benefits which the employee is participating for the initial seventeen (17) weeks from the commencement of the leave while the employee is on maternity leave. After seventeen (17) weeks and subject to the provision of the master policies governing such plans, employees desiring to maintain such protection through the Employer shall be entitled to remit to the Employer such full premiums as fall due during the leave so as to insure continued coverage. The employee shall reconfirm her intention to return to work when on the date originally provided to the hospital by written notification received by the Hospital at least two weeks in advance thereof. Subject to any changes to the employee's status which would have occurred had she not been on maternity leave, the employee leave ends consistent with (c)shall be reinstated to her duties, (d) on the same shift in the same department, and (e)at same rate of pay. (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is Maternity Leave shall provide the General Manager with a medical certificate from a qualified medical practitioner stating the estimated date of birth. Such certificate shall be provided not later than three months prior to the estimated date of birth. An employee will become eligible for Maternity Leave after the completion of the first three (3) months of regular employment. This employee will also be required to complete a Request for Special Leave form, and submit it to the Human Resources Department. (b) A pregnant employee shall be entitled to up to 17 Maternity Leave, without pay from the date of commencement of leave, for a period of seventeen (17) consecutive weeks or a shorter period if the employee requests. The employee may request that her leave commence eleven (11) weeks immediately before the estimated date of unpaid leavebirth or any time thereafter. The City may require the employee to commence a leave of absence where the duties of the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a medical practitioner stating that she is able to perform her duties. (c) Regardless of the date of commencement of the leave of absence, which the leave shall not end before the expiration of six (6) weeks following the actual date of birth of the child unless the employee requests a shorter period. If the employee requests a shorter period, a written notice must be taken during submitted to the period that begins: iCity two (2) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsprior to returning to work. (d) An Where an employee who requests has been granted leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave ifabsence under this clause is, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied as certified by a medical practitioner's , unable to work or nurse practitioner's certificate stating return to work after the expected expiration of the leave, the City shall grant to the employee further leaves of absence from work, without pay, for a period specified in one or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection more medical certificates, but not exceeding a total of six (f)6) consecutive weeks. (he) If an Where Maternity Leave is taken, the employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth must prepay her share of premiums to the child, employer for benefits to which she is entitled for the Employer may require period of leave. An employee who is absent for a period longer than seventeen (17) weeks and who wishes to continue benefit coverage shall prepay to the employee City the total cost of premiums for benefits to give which she is entitled for the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workadditional period of leave.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is Maternity Leave shall provide the General Manager with a medical certificate from a qualified medical practitioner stating the estimated date of birth. Such certificate shall be provided not later than three months prior to the estimated date of birth. An employee will become eligible for Maternity Leave after the completion of the first three months of regular employment. This employee will also be required to complete a Request for Special Leave form, and submit it to the Human Resources Department. (b) A pregnant employee shall be entitled to up to 17 Maternity Leave, without pay from the date of commencement of leave, for a period of eighteen (18) consecutive weeks or a shorter period if the employee requests. The employee may request that her leave commence eleven (11) weeks immediately before the estimated date of unpaid leavebirth or any time thereafter. The City may require the employee to commence a leave of absence where the duties of the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a medical practitioner stating that she is able to perform her duties. (c) Regardless of the date of commencement of the leave of absence, which the leave shall not end before the expiration of six (6) weeks following the actual date of birth of the child unless the employee requests a shorter period. If the employee requests a shorter period, a written notice must be taken during submitted to the period that begins: iCity two (2) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsprior to returning to work. (d) An Where an employee who requests has been granted leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave ifabsence under this clause is, for reasons related to the birth as certified by a medical practitioner, unable to work or return to work after the termination expiration of the pregnancyleave, the City shall grant to the employee further leaves of absence from work, without pay, for a period specified in one or more medical certificates, but not exceeding a total of six (6) consecutive weeks. (e) Where Maternity Leave is taken, the employee must prepay her share of premiums to the employer for benefits to which she is unable entitled for the period of leave. An employee who is absent for a period longer than eighteen (18) weeks and who wishes to return continue benefit coverage shall prepay to work when the City the total cost of premiums for benefits to which she is entitled for the additional period of leave. (f) On resuming employment, an employee shall be reinstated in her previous or a comparable position and for the purpose of pay increments, benefits, and vacation entitlement (but not for statutory holidays or sick leave) maternity leave ends consistent with (c), (d) will be counted as service. Vacation pay will be prorated by the period of the leave and (e)an employee may elect not to take that portion of her vacation which is unpaid. (g) A request The City shall not terminate an employee or change a condition of employment of an employee without the employee's written consent, except for leave must: i) be given general reduction in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)workforce. (h) If an An employee on who is a birth father, the adoptive father or adoptive mother, shall be entitled to twelve (12) weeks of parental leave under subsection without pay. The employee shall take the leave within fifty-two (c52) or (d) proposes to return to work earlier than 6 weeks after giving birth to of the child, 's birth or the Employer may require date the employee to give child comes within care of or custody of the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workemployee.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications 1. A female teacher or nurse of pregnancythe bargaining unit, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Actupon request, shall be covered by sick granted maternity leave credits providing in accordance with 29 USC Chapter 28, the employee Family Medical Leave Act (FMLA), and MGL, Chapter 149 Section 105D, the Massachusetts Parental Leave Act (MPLA). A teacher or nurse is not in receipt of eligible for maternity benefits leave under the Employment Insurance Act or any wage loss replacement planFMLA, if she has been employed full time by the Wellesley School Department for at least twelve (12) months (the summer counts for purposes of FMLA) and worked at least 1,250 hours during the twelve months immediately preceding the leave; and under the MPLA if she has been employed full time by the Wellesley School department for at least three consecutive months. (c) A pregnant employee who requests maternity leave is entitled to 2. Under the FMLA, a teacher or nurse may take up to 17 consecutive twelve (12) weeks of unpaid leave, which must and under the MPLA for up to eight (8) weeks, for purposes of giving birth. The periods of FMLA and MPLA leave may run concurrently, however, leave taken due to complications from pregnancy may be taken during designated as FMLA leave, whereas MPLA leave commences upon the period that begins: i) no earlier than 13 birth of the child. In the case of multiple births, the MPLA provides for eight (8) weeks before the expected birth dateof leave for each child. Except as provided in paragraph 3, and ii) below, a teacher or nurse shall return to work no later than the actual birth date and ends no later than 17 weeks after expiration of the FMLA or MPLA leave beginsperiod. 3. In addition to leave available under the FMLA and MPLA, a teacher or nurse may take leave for such longer period of time as she may be disabled from performing her usual professional responsibilities because of her pregnancy or other maternity related condition. A teacher or nurse on such disability leave shall return to work as soon as she is no longer disabled. 4. Beyond the statutory periods of leave addressed in paragraph 2 above, and disability leaves addressed in paragraph 3 above, a teacher or nurse with Professional Status may request to extend maternity leave by taking discretionary leave for a specified period of time up to the start of the second school year following the commencement of her maternity leave. In no case will the combined maternity and discretionary leaves exceed two (d2) An employee who requests school years. A maternity leave after giving birth to a of absence that begins in the summer (i.e., child is entitled born in July or August) will be granted the full school year immediately following the birth of the baby. Such requests for discretionary leave shall be granted except for those cases in which it is educationally unsound. Partial maternity discretionary leaves defined as a reduced FTE schedule may be granted on a case by case basis with the approval of the Superintendent of Schools. 5. Teachers or nurses on maternity leave may apply their accumulated sick leave days or personal days to up to 17 consecutive eight (8) weeks of unpaid their period of disability that occurs from the birth of a child due to vaginal birth and up to ten (10) weeks due to caesarian section. The eight (or ten) week period during which a teacher or nurse may use paid leave are calendar weeks and could include the two (2) weeks prior to birth. Paid leave may only be used for days during which school is in session. Otherwise, maternity leave shall be without pay or increment. 6. If, for documented medical reasons, more than the forty (40) consecutive work days (8 weeks) of accrued paid sick leave are required up to an additional four (4) weeks of accrued sick time may be paid, the professional staff member must provide the Director of Human Resources with medical documentation prior to the end of her original maternity leave, which . 7. The teacher or nurse must be taken during the period that begins on the give at least two weeks (2) notice of her anticipated date of the birth departure and ends no later than 17 weeks after that dateintention to return. (e) An 8. Upon return from leave taken under this provision, the employee who requests leave after shall be returned to her previous position unless there has been a reduction in force, in which case the termination provisions of ARTICLE 17 will apply. 9. During periods of Maternity Leave under the FMLA and MPLA, the Town will pay its portion of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that datehealth insurance. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Maternity An employee must provide notice to the Company in advance of the expected date of commencement of maternity leave. The notice requirements are: (i) of the expected date of birth (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least 10 weeks; (ii) of the date on which the employee proposes to commence maternity leave shall not constitute cause for dismissaland the period of leave to be taken - at least 4 weeks. (b) Medical complications An employee will not be in breach of pregnancy, including complications during an unpaid leave clause 7.3.4 (a) if the failure to give the required notice period is because of absence for maternity reasons preceding the period stated by birth occurring earlier than the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planpresumed date. (c) A pregnant Subject to clause 7.3.2 and unless agreed otherwise between the Company and employee, an employee who requests maternity may commence parental leave is entitled at any time within six weeks immediately prior to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than date of the actual birth date and ends no later than 17 weeks after the leave beginsbirth. (d) An Where an employee who requests leave after giving birth continues to a child is entitled work within the six week period immediately prior to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of birth, or where the employee elects to return to work within six weeks after the birth and ends no later than 17 weeks after of the child, the Company may require the employee to provide a medical certificate stating that dateshe is fit to work on her normal duties. (e) An employee who requests Absences from work resulting from miscarriage are covered by the sick leave after the termination provisions of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that datethis Agreement. (f) An Where the pregnancy of an employee who requests terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take maternity leave of such period as a registered medical practitioner certifies as necessary. Where the employee is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons suffering from an illness not related to the birth or the termination direct consequences of the pregnancybirth, the employee is unable may be entitled to return to work when the employee paid sick leave ends consistent with (c)in lieu of, (d) and (e)or in addition to, any unpaid maternity leave. (g) A request for An employee who becomes pregnant while taking maternity leave must: i) be given in writing to may take a further period of unpaid maternity leave. Once this period of leave starts, it replaces any remaining unpaid maternity leave from the Employer, ii) if the request is made during the previous pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an An employee on leave under subsection (c) or (d) proposes to must return to work earlier than 6 from maternity leave for a minimum continuous period of 20 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating before the employee is able to resume workeligible for a second period of paid maternity leave. Otherwise unpaid maternity leave can be taken.

Appears in 1 contract

Samples: Services Agreement

Maternity Leave. 33.1 The Corporation shall grant maternity leave without pay of up to seventeen (a17) weeks to a pregnant employee, subject to the following conditions: 33.1.1 The employee shall be required to notify the Corporation in writing at least two (2) weeks prior to the commencement of the maternity leave, unless there is a valid reason why such notice cannot be given, and state the length of leave intended to be taken. 33.1.2 The employee may be required to furnish a medical certificate verifying pregnancy. 33.1.3 Subject to the provisions of Clause 33.2, the period of maternity leave without pay shall commence no earlier than eleven (11) weeks before the expected date of pregnancy termination and end no later than seventeen 33.1.4 Where an employee has or will have the actual care and custody of the newborn child, that employee is entitled to and shall be granted a leave of absence from employment of up to thirty seven (37) weeks commencing and ending within the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee’s care. 33.2 At the request of the employee, the Corporation may defer the commencement of maternity leave for any period approved in writing by a qualified medical practitioner. 33.3 At the request of the employee, the Corporation may allow leave to commence earlier than eleven (11) weeks before the expected termination of her pregnancy. 33.4 Maternity leave shall not constitute cause for dismissal. be terminated at any time prior to six (b6) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that unless the employee submits a certificate from a qualified medical practitioner stating the employee’s health will not be impaired by returning to duty at an earlier date. 33.5 An employee granted maternity leave without pay under this Clause and who is subject to a waiting period of two (f2) weeks before receiving Employment Insurance maternity benefits, shall receive an allowance during this two (2) week waiting period. This allowance shall be in the same amount as the employee receives in benefits for two (2) weeks from Human Resources Development Canada. 33.6 An employee who requests leave is not entitled to up receive Employment Insurance benefits shall receive an allowance equivalent to 6 additional consecutive two (2) weeks Employment Insurance benefits based on the amount she would have received if she had been entitled to Employment Insurance benefits from Human Resources Development Canada. 33.7 Leave granted in accordance with this Clause is included in the calculation of unpaid leave ifcontinuous employment for the purpose of pension, for reasons related to vacation leave, increases in the birth or the termination rates of pay, health and disability benefits and seniority. 33.8 Notwithstanding any other provision of the pregnancyAgreement, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection this Clause shall earn sick leave and vacation leave credits as if she had received pay for at least ten (c10) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workdays in each calendar month.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an is unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing however the employee is entitled to take annual leave or long service leave during this period. The employee can substitute maternity leave for paid leave as long as the total period does not in receipt exceed 52 weeks. Eligible employee: To be eligible for maternity leave, the female employee must have completed at least 12 months continuous service with the employer. There is no limit to the number of times that maternity leave can be taken. There is no longer period of maternity benefits under leave if the Employment Insurance Act employee has twins or any wage loss replacement plan. (c) A pregnant triplets. However if the employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving gives birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during two children in the period that begins same year on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancyseparate occasions, the employee is unable entitled to return two periods of maternity leave. Period of leave: The employee is entitled to work when an unbroken period of leave no longer than 52 weeks and must be completed before the child’s first birthday. An employee and her spouse may not take maternity leave and paternity leave at the same time, except where the spouse is on ‘short paternity leave’ (see below). Paid sick leave, payment for public holidays or other paid absences are not available to the employee during a period of maternity leave. Certification and notice requirements: The employee must give at least 10 weeks written notice of the intention to take leave ends consistent with (c)which is to include the estimated start an end dates of the leave. The employee must, (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before proceeding on leave, give written notice of the day dates on which she proposes to start and end the period of leave. The employee must, before the start of leave, provide a certificate from a qualified medical practitioner confirming that she is pregnant and the expected date of birth. The employee must, before the start of leave, provide a statutory declaration by the employee proposes stating, if applicable, the period of any paternity leave sought or taken by her spouse. An employee must confirm her intention of returning to begin work in writing, not less than 4 weeks before the end of the period of maternity leave, and iii) if required . Variation / cancellation of leave: The employee can lengthen the period of maternity leave once without the consent of the employer by giving at least 14 days notice in writing that the Employer, employee is extending the leave. Any further extension of the leave must be accompanied done by a medical practitioner's or nurse practitioner's certificate stating mutual agreement with the expected or actual birth date or employer. Any extension of maternity leave is acceptable provided the date total period does not exceed 52 weeks. The employee can only shorten the pregnancy terminated or stating period of maternity leave with the reasons for requesting additional leave under subsection (f). (h) If an agreement of the employer. The employee on leave under subsection (c) or (d) proposes must give at least 14 days written notice that they wish to return to work earlier than 6 weeks after giving had been arranged. Maternity leave applied for but not commenced shall be cancelled when the pregnancy terminates other than by the birth to of a living child. Effect of maternity leave on employment: Absence on maternity leave shall not break the childcontinuity of service of an employee, but shall not be taken into account in calculating the Employer may require period of service for any purpose of long service leave, annual leave or other statutory entitlements. An employee on maternity leave can terminate her employment at any time during the period of leave by notice given in accordance with clause 6.1 in this agreement. An employer shall not terminate an employee to give on the Employer a medical practitioner’s ground of her pregnancy or nurse practitioner’s certificate stating the of her absence on maternity leave. The employee is able entitled to resume workreturn to her previous position which she held immediately before she went on maternity leave.

Appears in 1 contract

Samples: Enterprise Agreement

Maternity Leave. An employee who is currently employed and has been in the employment of her Employer for a total of at least twenty (20) weeks in the fifty-two (52) weeks immediately preceding the day on which the requested leave is to commence, shall be entitled to maternity leave consisting of a period not exceeding twelve (12) months, commencing at the time during the period of twelve (12) weeks immediately preceding the estimated date of birth. Such leave shall be granted providing the employee presents to the Employer a medical certificate confirming the pregnancy and showing the probable date of delivery. (a) Maternity If the employee is required to leave work because of a pregnancy-related illness, the employee's leave of absence shall not constitute cause be considered sick leave rather than maternity leave, and she shall be entitled to use accumulated sick leave benefits for dismissalthe period of time she is ill up until the time when the requested maternity leave commences. A medical certificate must be provided. (b) Medical complications of pregnancy, including complications during an unpaid Maternity leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick for up to twelve (12) months as requested, except where in the opinion of a medical practitioner, the leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planshould be further extended. (c) A pregnant Such leave shall be granted with assurance that the employee who requests maternity leave is entitled to up to 17 consecutive weeks shall resume employment in the same position at the current rate of unpaid leave, which must be taken during the period that begins:pay. i) no earlier than 13 weeks before Where the expected birth dateemployee's new-born child is born prematurely, or is born with, or contracts, a condition that requires its hospitalization within the period of maternity leave without pay, as set out above, maternity leave may be extended by a period equal to the period during which the child is hospitalized. ii) In any case described in subsection (d) i) set out above where the employee has preceded on maternity leave without pay and then returns to work during all or part of the period during which the employee's new-born child is hospitalized, she may resume the employee's maternity leave without pay when the child's hospitalization is over, and remain on maternity leave without pay to the extent provided for in subsection (d) i). iii) The extension described in subsection (d) i) or ii) shall end no later than the actual birth date and ends no later than 17 fifty-two (52) weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that datechild. (e) An If an employee who requests has already initiated a maternity leave after and subsequently becomes ill, she shall not be entitled to sick leave benefits for the termination duration of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests Additional nurturing leave is entitled to of up to 6 additional consecutive weeks of unpaid leave ifone (1) year without pay, beyond maternity leave, may be granted for health reasons related to the birth or the termination of the pregnancy, the employee providing a medical certificate is unable to return to work when the employee leave ends consistent with (c), (d) provided and (e)shall be considered an extended Definite Leave. (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to The employee must give the Employer at least 4 weeks before the day the employee proposes fourteen (14) days written notice of her intention to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)return to work. (h) If requested by an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the childeligible for maternity leave, the Employer may require will supplement the employee to give amount of the Employment Insurance Maternity Benefit with the difference between the Benefit and the employee's regular salary. The amount of the supplement will be deducted from the employee's sick leave bank and continue until the sick leave bank is exhausted or the E.I. Maternity Benefit is exhausted whichever occurs first. The Employer a medical practitioner’s or nurse practitioner’s certificate stating will register this S.U.B. Plan with the employee is able to resume worklocal Office of Employment Canada.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity An employee who becomes pregnant shall notify the Employer at least two (2) weeks prior to the date on which she plans to begin her maternity leave of her intention to do so. This written notice must include the date on which she intends to begin her maternity leave, and a letter from her doctor indicating the baby's due date. i. Subject to sub-clause c) of this clause, an employee who becomes pregnant shall be granted twenty-eight (28) weeks of leave without pay. This leave may begin at any time within seventeen (17) weeks of the baby's due date, and extends beyond the date of the baby's birth until the twenty-eight (28) weeks have expired. ii. Notwithstanding sub-clause b) i): 1. where the employee has not yet proceeded on maternity leave without pay and the newborn child is hospitalized, or 2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized, the period of maternity leave without pay defined in sub-clause b) i) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks; 3. the extension described above shall end not later than fifty- two (52) weeks after the termination date of pregnancy. c) The Employer may: i. upon written request from the employee, defer commencement of maternity leave without pay of an employee or terminate it before the full twenty-eight (28) weeks have expired; ii. grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected termination of her pregnancy; iii. where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy. d) Leave granted under this clause shall be counted in the calculation of 'continuous employment' for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall not constitute cause be counted for dismissalseniority and pay increment purposes. During such leave, the Employer will continue to pay its applicable share of pension and benefit plans. (b) Medical complications i. An employee who provides the Employer with proof that she has applied for and is eligible to receive employment insurance benefits pursuant to applicable provisions of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Actlnsurance Act or Québec Parental lnsurance Plan, shall be covered by paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan. While in receipt of this allowance, the employee shall continue to accumulate annual leave and sick leave credits providing credits. ii. Employees shall have no vested right to payments under the employee is plan, except to payments during a period of unemployment specified in the plan. iii. Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the plan. f) An applicant under sub-clause e) of this clause shall sign an agreement with the Employer providing: i. that she will return to work and remain in the Employer's employ for a period equal to the period she was in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.allowance; (c) A pregnant employee who requests maternity leave is entitled ii. that she will return to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the birth and ends no later than 17 weeks after that dateexpiry of her maternity leave, unless this date is modified with the Employer's consent. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, i. Should the employee is unable fail to return to work when in accordance with the employee leave ends consistent with (cprovisions of sub-clause f) i), (dor should she return to work but fail to work for the total period specified in provisions of sub-clause f) and (ei). (g) A request for leave must: i) , she will be given in writing to the Employer, ii) if the request is made during the pregnancy, be given indebted to the Employer at least 4 weeks before the day the employee proposes for an amount determined as follows: (Allowance received) X (remaining period to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to worked following her return to work) ii. the repayment provided for in 36.1 g) i) will not apply in situations of: 1. death, 2. lay off, 3. early termination due to lack of work earlier than 6 weeks after giving birth or discontinuance of function of a specified period of employment that would have been sufficient to meet the childobligation specified under sub-clause f) i), 4. the end of a specified period of employment, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating if the employee is able to resume workrehired by the Employer within six (6) months following the end of the obligations specified in sub-clause f) i), or 5. has become disabled.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Full-time or part-time female musicians shall be entitled to Maternity Leave and subject to this clause the normal maximum entitlement is 52 weeks which can be comprised of paid or unpaid leave shall not constitute cause for dismissalor a combination of both. (b) Medical complications Subject to this clause and unless otherwise approved, the compulsory Maternity Leave period normally commences six weeks prior to the expected date of pregnancybirth and continues until six weeks after the date of birth. provided that: i) if the birth occurs no more than 20 weeks before the expected date, including complications during an unpaid leave Maternity Leave commences on the date of absence for maternity reasons preceding birth. ii) employees may continue to work within the six-week period stated by before the Employment Insurance Act, shall be covered by sick leave credits providing expected date of birth if a doctor’s certificate is produced declaring that the employee is not in receipt fit for work until a specified date. iii) if the employee wishes to return to work before the end of maternity benefits under the Employment Insurance Act or any wage loss replacement plansix-week period following the date of birth the same requirements apply. iv) If the employee does return to work early they are entitled to use the remaining part of the 12 weeks paid leave at anytime during the 52 week period. (c) A pregnant Unless the employee who requests maternity leave has completed the 12 months qualifying period she is not entitled to up to 17 consecutive weeks of unpaid leavebe paid for Maternity Leave, which must be taken during the period that beginsprovided that: i) no earlier than 13 If the employee has at least 12 months qualifying period the employee is entitled to full pay for the first 12 weeks before of leave, whether the expected birth dateleave is continuous or taken in broken periods. The remainder of the absence may be covered by recreation leave, and Long Service Leave or Leave Without Pay, and, ii) no later than If the actual birth date and ends no later than 17 weeks after employee completes 12 months service during the leave beginsfirst 12-week period of Maternity Leave she will be entitled to be paid Maternity Leave for the remainder of the 12 week period according to the sub clause above. (d) An employee who requests Employees may have access to paid sick leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period of Maternity Leave (other than the 12 week required absence) but only if a medical certificate is supplied and the delegate is satisfied that begins on the date nature of the birth and ends no later than 17 weeks after that dateillness is such it makes the employee unfit for work. (e) An employee who requests Periods of paid leave after and the termination of the employee’s pregnancy is entitled to up to 6 consecutive 12 weeks required absence (paid or unpaid) count as service. All other periods of unpaid leave, which must be taken during the period that begins on the date leave do not count for service for any purpose but do not break continuity of the termination of the pregnancy and ends no later than 6 weeks after that dateservice. (f) An It is unlawful for management to discriminate against an employee who requests leave is entitled to up to 6 additional consecutive weeks because of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for Any salary/allowance payments that normally would be paid during the period of leave must: i) may be given paid in writing to the Employer, ii) advance if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)so wishes. (h) If an employee is receiving Higher Duties Allowance before going on Maternity Leave she may be entitled to continued payment for all or part of the period of leave, subject to the approving delegate certifying that she would have continued to receive the higher duties but for the period of leave. (i) Superannuation contributions are payable during all periods of paid leave under subsection and the 12 week required absence, whether paid or unpaid. (cj) On return to work the employee will be placed in the same position that she vacated if available. If the position is not available she will be placed in a similar position. (k) If an employee becomes pregnant while on Maternity Leave she would be entitled to a second period of Maternity Leave. Whether it is necessary for the employee to resume duty before proceeding on the second period of Maternity Leave depends on the expected date of the second birth. (l) By mutual agreement a female musician may work part-time for one (1) or more periods at any time from the seventh week after the date of birth of her child until its second birthday. (m) Instrument allowances shall continue during the full period of Maternity Leave. (n) Leave will be attributed to the Call Count according to the formula set out in Appendix D. (o) Where there is an entitlement to a 12-week period of paid Maternity Leave, the number of hours per week payable shall be the greater of either (i) or (dii): (i) proposes where the musician is working full-time immediately prior to return proceeding on Maternity Leave, the musician shall be paid for full-time hours; (ii) where the musician has been working both full-time and part-time over the five 5-year period preceding the Maternity Leave, the musician shall be entitled to work earlier than 6 weeks after giving birth payment for the average hours per week worked over that period. (p) Paid Maternity Leave is payable at the hourly rate applicable immediately before the musician proceeds on leave, or at the relevant hourly rate applicable to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee musician's classification (i.e. rate under this Agreement is able to resume workvaried whilst musician is on Maternity Leave).

Appears in 1 contract

Samples: Musicians' Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be Be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).the (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) i. no earlier than 13 weeks before the expected birth date, and and ii) . no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) i. be given in writing to the Employer, ii) . if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) . if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) leave beginning no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date date, and ends ending no later than 17 weeks after the leave begins. (db) An employee who requests leave under Article 18.01 after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (ec) An employee who requests leave under Article 18.01 after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (fd) An employee who requests leave under Article 18.01 is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee she is unable to return to work when the employee leave ends consistent with under Article 18.01 (cA), (dB) and or (eC). (ge) A request for maternity leave must: i) must be given in writing to the Employer, ii) employer, and if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and iii) and if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)leave. (hf) If an employee on leave under subsection Article 18.01 (cA) or (dB) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer employer may require the employee to give the Employer employer a medical practitioner’s 's or nurse practitioner’s 's certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) i. no earlier than 13 weeks before the expected birth date, and ii) . no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) i. be given in writing to the Employer, ii) . if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) . if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity The employee will be granted leave shall for a period not constitute cause for dismissallonger than 17 consecutive weeks. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the The period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no will commence not earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date. The period of maternity leave will end no earlier than six weeks after the date of birth, except in accordance with (c) below, and ends will end no later than 17 weeks after the leave beginsbirth date. (c) A request for shorter period under (b) above must be given in writing to the Employer at least two weeks before the date that the employee indicates they intend to return to work, and the employee must furnish the Employer with a certificate of a qualified medical practitioner or nurse practitioner stating that the employee is able to resume work. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leaveThe Employer will, which must be taken during upon the period that begins on the date request of the birth and ends no later than 17 weeks after that dateemployee, modify the commencement of maternity leave for any period approved in writing by a qualified medical practitioner or nurse practitioner. (e) An employee may be required to commence a maternity leave where the duties of the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a qualified medical practitioner or nurse practitioner stating that they are able to perform their duties. However, where practical, the Employer will provide the employee with an opportunity to continue employment with appropriate alternative duties, before requiring an employee to take a leave of absence. (f) An employee who requests maternity leave under this clause after the termination of the employee’s pregnancy is entitled to will be granted up to 6 six consecutive weeks of unpaid leave, which must be taken during the period that begins leave beginning on the date of the termination of the pregnancy and ends ending no later more than 6 six weeks after that date. (f) An employee who requests the leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)begins. (g) A request Maternity leave may be extended for leave must: i) be given in writing up to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by an additional six months for health reasons where a qualified medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workpresented.

Appears in 1 contract

Samples: Ratification Document

Maternity Leave. (a) Maternity An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are: (i) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks; (ii) of the date on which the employee proposes to commence maternity leave shall not constitute cause for dismissaland the period of leave to be taken - at least four weeks. (b) Medical complications When the employee gives notice under 6.4.4(a)(i) the employee must also provide a statutory declaration stating particulars of pregnancy, including complications during an unpaid any period of paternity leave of absence sought or taken by her spouse and that for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or leave she will not engage in any wage loss replacement planconduct inconsistent with her contract of employment. (c) A pregnant An employee who requests maternity leave will not be in breach of this clause if failure to give the stipulated notice is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no occasioned by confinement occurring earlier than 13 weeks before the expected birth presumed date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An Subject to 6.4.3(a) and unless agreed otherwise between the employer and employee, an employee who requests may commence parental leave after giving birth at any time within six weeks immediately prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the birth and ends no later than 17 weeks after that datebirth. (e) An Where an employee who requests leave continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the termination birth of the employee’s pregnancy child, an employer may require the employee to provide a medical certificate stating that she is entitled fit to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateher normal duties. (f) An Special maternity leave (i) Where the pregnancy of an employee who requests not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary. (ii) Where an employee is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons suffering from an illness not related to the birth or the termination direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave. (iii) Where an employee not then on maternity leave suffers illness related to her pregnancy, the employee she may take any paid sick leave to which she is unable to then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work when the employee work. The aggregate of paid sick leave, special maternity leave ends consistent with (c)and parental leave, (d) and (e)including parental leave taken by a spouse, may not exceed 52 weeks. (g) A request for Where leave must: i) be given in writing to the Employer, ii) if the request is made granted under 6.4.4(d), during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional period of leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to may return to work earlier than 6 weeks after giving birth to at any time, as agreed between the child, the Employer may require employer and the employee to give provided that time does not exceed four weeks from the Employer a medical practitioner’s or nurse practitioner’s certificate stating recommencement date desired by the employee is able to resume workemployee.

Appears in 1 contract

Samples: Enterprise Agreement

Maternity Leave. (a) Maternity An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are: (i) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least ten weeks; (ii) of the date on which the employee proposes to commence maternity leave shall not constitute cause for dismissaland the period of leave to be taken – at least four weeks. (b) Medical complications When the employee gives notice under 24.3(a) (i) the employee must also provide a statutory declaration stating particulars of pregnancy, including complications during an unpaid any period of paternity leave of absence sought or taken by her spouse and that for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or leave she will not engage in any wage loss replacement planconduct inconsistent with her contract of employment. (c) A pregnant An employee who requests maternity leave will not be in breach of this clause if failure to give the stipulated notice is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no occasioned by confinement occurring earlier than 13 weeks before the expected birth presumed date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An Subject to clause 24.3(a) and unless agreed otherwise between the employer and employee, an employee who requests may commence parental leave after giving birth at any time within six weeks immediately prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the birth and ends no later than 17 weeks after that datebirth. (e) An Where an employee who requests leave continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the termination birth of the employee’s pregnancy child, an employer may require the employee to provide a medical certificate stating that she is entitled fit to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateher normal duties. (f) An Where the pregnancy of an employee who requests terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons suffering from an illness not related to the birth or the termination direct consequences of the pregnancybirth, the an employee is unable may be entitled to return to work when the employee paid sick leave ends consistent with (c)in lieu of, (d) and (e)or in addition to, special maternity leave. (g) A request for Where leave must: i) be given in writing to the Employer, ii) if the request is made granted under 24.4(d), during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional period of leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to may return to work earlier than 6 weeks after giving birth to at any time, as agreed between the child, the Employer may require employer and the employee to give provided that time does not exceed four weeks from the Employer a medical practitioner’s or nurse practitioner’s certificate stating recommencement date desired by the employee is able to resume workemployee.

Appears in 1 contract

Samples: Union Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid The Publisher agrees to grant maternity leave of absence for six months or such longer period which the Publisher may grant to any female employee if such employee requests it. On each of the first two (2) weeks of maternity reasons preceding leave the employee shall be paid an amount equal to 95% of her Employment Insurance Commission insurable weekly earnings. During the period stated by of maternity leave the Employment Insurance Act, Publisher shall be covered by sick leave credits providing assume the full costs of the premiums for the company benefit programs in which the employee is not in receipt enrolled. The employee shall endeavor to provide the Publisher with at least two (2) weeks’ notice before commencement of maternity benefits under leave. The employee shall return to work not later than six (6) months following the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests commencement of maternity leave is entitled unless a further extension was agreed to up by the Publisher prior to 17 consecutive weeks the commencement of unpaid said leave. The employee shall provide the Publisher with two (2) weeks’ notice, or such longer period of time which may be necessary in order to satisfy departmental scheduling requirements, prior to returning from maternity leave. Failure to return immediately following the expiration of maternity leave shall be deemed to be a voluntary resignation. Upon return from maternity leave, which must the employee will be taken reinstated in her regular job or, if her regular job was abolished during the period that begins: i) no earlier than 13 weeks before the expected birth dateher absence, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during comparable job at the period that begins on same salary she would have received had her employment with the date company been continuous and with full credit toward all of the birth applicable benefits which are affected by length of service. Where an employee has been employed with The Ottawa Citizen for a minimum of twelve (12) consecutive months prior to the commencement of maternity leave and ends no later than 17 weeks after that date. (e) An where the employee who requests leave after has qualified for E.I. maternity benefits, said employee shall receive, upon request, a weekly supplementary maternity benefit to compensate for the termination difference between the E.I. weekly maternity benefit and 95% of the employee’s pregnancy is entitled to up to 6 Employment Insurance weekly insurable earnings for a total of fifteen (15) consecutive weeks with payment commencing with the third week of unpaid maternity leave. In order to receive the weekly supplementary benefits described above, which the employee must be taken during agree to remain as an employee of The Ottawa Citizen for a period of not less than six (6) consecutive months following the period that begins on the date expiration of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) maternity leave. An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable has received weekly supplementary maternity benefits and who fails to return to work when at the employee expiration of maternity leave ends consistent with or who fails to complete the agreed upon six (c), (d6) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to month term of employment following her return to work earlier than 6 weeks after giving birth work, whether due to voluntary resignation or termination for cause, shall reimburse the child, Publisher for all such monies received in the Employer may require form of weekly supplementary maternity benefits within ten (10) days of the employee to give the Employer a medical practitioner’s effective date of resignation or nurse practitioner’s certificate stating the employee is able to resume worktermination.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (ci) A pregnant employee who requests maternity leave under this Xxxxxx is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins: i(1) no earlier than 13 thirteen (13) weeks before the expected birth date, and iiand (2) no later than the actual birth date date, and (3) and ends no later than 17 seventeen (17) weeks after the leave begins. (dii) An employee who requests leave under this Clause after giving birth to a child is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 seventeen (17) weeks after that date. (eiii) An employee who requests leave under this Clause after the termination of the employee’s 's pregnancy is entitled to up to 6 six (6) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 six (6) weeks after that date. (fiv) An employee who requests leave under this Clause is entitled to up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with under subsection (ci), (dii) and or (eiii). (gv) A request for leave must: i(1) be given in writing to the Employer, ii(2) if the request is made during the pregnancy, be given to the Employer at least 4 four (4) weeks before the day the employee proposes to begin leave, and iii(3) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (fiv). (hvi) If an employee on leave under subsection (ci) or (dii) proposes to return to work earlier than 6 six (6) weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s 's or nurse practitioner’s 's certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no No earlier than 13 weeks before the expected birth date, and and ii) no No later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An And employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be Be given in writing to the Employer, ii) if If the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if If required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. 21.1.1 ELIGIBILITY To be eligible for paid maternity leave an Employee must have completed at least 40 weeks continuous service. Casual Employees are not eligible for paid maternity leave An Employee who has once met the conditions for paid maternity leave will not be required to work again the 40 weeks continuous service in order to qualify for a further period of paid maternity leave, unless (a) Maternity there has been a break in service where the Employee has been re- employed or re-appointed after a resignation, medical retirement, or after her services have been otherwise dispensed with; or (b) the Employee has completed a period of leave shall without pay of more than 40 weeks. In this context, leave without pay does not constitute cause for dismissalinclude sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Xxxxxxxxxxxx Xxx, 0000xxx Employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Xxxxxxxxxxxx Xxx, 0000. 12.1.2 PAID MATERNITY LEAVE ENTITLEMENT Eligible Employees are entitled to paid maternity leave as follows; (a) An Employee is entitled to ten weeks at the ordinary rate of pay from the date maternity leave commences. This leave may commence up to four weeks prior to the expected date of birth. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee It is not in receipt compulsory for an Employee to take this period off work. However, if an Employee decides to work during this period it is subject to the Employee being able to perform satisfactorily the full range of maternity benefits under the Employment Insurance Act or any wage loss replacement plannormal duties. (c) A pregnant employee who requests Paid maternity leave is entitled to up to 17 consecutive may be paid: on a normal fortnightly basis, in advance in a lump sum, at the rate of half pay over a period of twenty weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginson a regular fortnightly basis. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Enterprise Agreement

Maternity Leave. (a) Maternity Eligible employees shall d Care leave shall in accordance with the provisions of It is understood that this provision not constitute cause for dismissal. (b) Medical complications payable during a labour dispute or while on layoff. It is further understood that current benefits will not decrease during the life of pregnancy, including complications during this agreement. A meeting to determine Company Holidays will follow an unpaid leave exchange of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing preferred dates between the employee groups participating. Dates will be established based on majority preferences submitted relative to group size. This is to record agreement between the Company and the Union on matters pertaining to the hiring of required employees for undefined periods of time and will be in effect for the life of the current agreement. Posting for as-required positions be conducted quarterly. The Union will be an opportunity to submit names of applicants for Company consideration to fill as-required positions. As-required employees will not work overtime when full time employees are available and willing to work. No full time continuing employee will be laid off while an as-required employee is retained in receipt that classification. The Company will deduct a sum equal to the regular monthly dues of maternity benefits the appropriate Union for each month the as-required employee has worked more than days. Dues will be remitted to the Union at the first pay of the following month. As-required employees will be eligible for up to consecutive months of active employment. Extensions will only be by mutual agreement. As-required employees will be excluded from accruing seniority, will not be given layoff notice and not have recall rights. As-required employees will not be eligible enrolment in Company benefit programs. They are eligible for coverage under the Employment Insurance Workers' Compensation Act and will receive vacation pay at the rate of earnings payable on each respective pay. Company holidays will only be paid when the as-required employee works the week immediately prior to and following the day in question. The maximum number of "as-required" tradespersons by Maintainer classification employed at at any one e will be as follows: Maintainer of present number ding Maintainer of present number Exceptions to these numbers would only be by mutual agreement. Overtime of One or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled Less to up Article in situations where day routinely requires overtime of hour, this overtime will be accumulated during a pay period and paid at the applicable overtime rate to 17 consecutive weeks the nearest half hour. The parties recognize that procedures will have to be developed for the implementation and administration of unpaid leave, which must change from hourly rate to salaried pay. The Company will endeavour to have the necessary changes completed by September and will keep the Council informed of progress. In the interim period employees will continue to be taken during paid under the period that begins: i) no earlier than 13 weeks before hourly rate pay system. Any suggestions regarding the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date application of the birth new pay provisions will be discussed and ends no later than 17 weeks after that dateappropriately resolved. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid maternity leave, which must be taken during . (b) A pregnant employee will provide the period that begins:College with a written request for leave at least four weeks prior to the start of the leave and a medical certificate in support of the request for leave. i(c) The maternity leave may start no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date date, and ends must end no later than 17 weeks after the leave begins. If the employee requests to return earlier than six weeks after giving birth the employee is required to produce a doctor's certificate, which supports a request for a shorter period. The leave period may be extended up to six consecutive weeks if a doctor certifies that it is required. (d) An employee who requests leave after giving A birth to a child is entitled to up to 17 consecutive weeks of unpaid parent must request parental leave, which must be taken during as set out in Clause 23.2 and the period that begins on the date of Employment Standards Act, at least four weeks before beginning parental leave. To take parental leave, the birth parent must begin that leave immediately after their maternity leave, unless the College and ends no later than 17 weeks after that datethe employee agree otherwise. (e) An Where an employee who requests leave after is at work becomes ill or injured prior to the termination leave, or upon commencement of the employee’s pregnancy is entitled to leave up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date birth of the termination of the pregnancy and ends no later than 6 weeks after that datechild, such illness or injury shall be covered by Clause 20.6 (Sick Leave). (f) An On return from maternity leave, an employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)shall be placed in their former position. (g) A request When an employee is on maternity leave, employment is considered continuous for leave must: i) be given in writing the purposes of calculating annual vacations, seniority and termination entitlement, as well as for pension, medical or other plans of benefits to the Employer, ii) if the request is made during the pregnancy, be given employee. The College will also continue to the Employer at least 4 weeks before the day make payments to any such plans unless the employee proposes chooses not to begin continue with their share of the cost of a plan. The employee is also entitled to all increases in wages and benefits which the employee would have received if not on leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an An employee on maternity leave under subsection (c) or (d) proposes shall notify the College of the date when the employee shall be returning to return to work earlier than 6 work, four weeks after giving birth prior to the childexpiration of the maternity leave. If no notification is given, the Employer may require employee shall be deemed to have abandoned the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workposition.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity An employee will be granted unpaid pregnancy leave, upon written request and certification of a medical practitioner. This request shall be submitted as far in advance as possible but not less than two (2) weeks prior to the anticipated date of the leave. The leave shall be granted for any period of up to seventeen (17) weeks immediately preceding the expected date of delivery stated on the certification. Total length of pregnancy leave shall not constitute cause exceed six (6) months, except under extenuating circumstances. An employee may return from such leave prior to the expiration of the seventeen (17) week date. Notice of said return to work must be provided at least four (4) weeks in advance of the date of return. An employee returning from pregnancy leave shall be reinstated in the employee’s previous position and work location and shift, at a rate of pay not less than that which the employee was receiving at the time of the beginning of the leave of absence. The employee shall continue to accumulate seniority and service benefits during said pregnancy leave. The Employer shall pay the premium for dismissalall applicable benefits for the first six (6) months pregnancy leave, except OMERS. The Employer contribution to OMERS will only be continued provided the employee gives the Employer written notice that the employee will pay the employee’s contributions, on an approved form provided to the Employee by the Region. In any event the total contributions paid by the Employer for the combined Maternity and Parental leaves shall not exceed fifty two (52) weeks as per OMERS regulations. Where the Collective Agreement is silent, the current legislation applies. The Region shall pay the Employment Insurance waiting period of leave at seventy-five percent (75%) of the current weekly earnings. The fifteen (15) week entitlement under Employment Insurance shall be topped up by the Employer so that the employee receives seventy-five percent (75%) of her current weekly earnings. Both payments above shall be paid retroactively after proof is provided that the employee is in receipt of EI benefits. (b) Medical complications An employee will be granted unpaid parental leave for a period up to and including sixty-one (61) weeks, upon request and verification of: i) the birth of pregnancythe employee’s child. ii) the coming of a child into the custody, including complications care and control of the parent for the first time. Xxxxxx is defined as a person with whom a child is placed for adoption or a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own. An employee who does not take pregnancy leave will be granted up to sixty-three (63) weeks of parental leave, upon request and the verification of i) and ii) above. The parental leave of an employee who takes pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time. Parental leave must begin no more than fifty-two (52) weeks after the day the child is born or comes into the custody, care and control of a parent for the first time. The employee must provide the Employer with written notice of the anticipated date the leave is to begin. This notice will be submitted as far in advance as possible but not less than two (2) weeks (where possible). The employee shall continue to accumulate seniority and service benefits during the said parental leave. The Employer shall pay the premium for all applicable benefits for the sixty-one (61) or sixty-three (63) week parental leave, except XXXXX. The Employer contribution to OMERS will only be continued provided the employee gives the Employer written notice that the employee will pay the employee’s contributions, on an approved form provided to the employee by the Region. c) An employee will upon request, be granted a further unpaid leave of absence for maternity reasons preceding up to seventeen (17) weeks for adoption of a child. Written notice for the period stated by additional leave must be provided in conjunction with the Employment Insurance Actnotice of parental leave. The employee shall continue to accumulate seniority and service benefits during said adoption leave. The Employer shall pay the premium for all applicable benefits for the seventeen (17) week adoption leave, shall except OMERS. The Employer contribution to OMERS will only be covered by sick leave credits providing continued provided the employee is not in receipt of maternity benefits under gives the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant Employer written notice that the employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of will pay the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leavecontributions, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related an approved form provided to the birth employee by the Region. If legislation increases the leave available for adoptive parents, the parties agree the maximum leave will be the greater of a total of fifty two (52) weeks or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)legislated amount. (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (ci) A pregnant employee who requests maternity leave under this Clause is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins: i(1) no earlier than 13 thirteen (13) weeks before the expected birth date, and iiand (2) no later than the actual birth date date, and (3) and ends no later than 17 seventeen (17) weeks after the leave begins. (dii) An employee who requests leave under this Clause after giving birth to a child is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 seventeen (17) weeks after that date. (eiii) An employee who requests leave under this Clause after the termination of the employee’s 's pregnancy is entitled to up to 6 six (6) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 six (6) weeks after that date. (fiv) An employee who requests leave under this Clause is entitled to up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with under subsection (ci), (dii) and or (eiii). (gv) A request for leave must: i(1) be given in writing to the Employer, ii(2) if the request is made during the pregnancy, be given to the Employer at least 4 four (4) weeks before the day the employee proposes to begin leave, and iii(3) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (fiv). (hvi) If an employee on leave under subsection (ci) or (dii) proposes to return to work earlier than 6 six (6) weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s 's or nurse practitioner’s 's certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. A female employee who has completed six (6) consecutive months employment with MTS, MTS Communications Inc. shall be granted Maternity Leave under one of two Plans: 1. Plan A – Maternity Leave without pay, or 2. Plan B – Supplemental Maternity Allowance Plan. The following terms and conditions shall apply to both Plans: (a) Maternity leave The employee shall not constitute cause submit to MTS, MTS Communications Inc., a written application for dismissalLeave 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. (b) Medical complications The employee shall provide MTS, MTS Communications Inc. with a certificate from a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plandelivery. (c) A pregnant employee who requests maternity leave is entitled Maternity Leave will be granted for a period not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate mentioned in (b); or if delivery occurs after the date mentioned in the certificate – seventeen (17) weeks plus an additional period equal to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: ibetween the date of delivery specified in the certificate mentioned in (b) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsof delivery. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive Maternity Leave shall commence no earlier than eleven (11) weeks of unpaid leave, which must be taken during the period that begins on preceding the date of specified in the birth certificate mentioned in (b) and ends shall terminate no later than 17 seventeen (17) weeks after that datefollowing the actual date of delivery. (e) An employee who requests leave after wishes to resume her employment on expiration of her Maternity Leave shall be reinstated in the termination of position occupied by her at the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leavetime such Leave commenced or in a comparable position, which must be taken during with not less than the period that begins on the date of the termination of the pregnancy same wages and ends no later than 6 weeks after that datebenefits. (f) An For an employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave ifgranted Maternity Leave, for reasons related to the birth or the employment after termination of the pregnancy, Leave shall be deemed continuous with employment before the employee is unable to return to work when commencement of the employee leave ends consistent with (c), (d) and (e)Leave. (g) A request An employee who remains absent from work for leave must: ia period in excess of seventeen (17) weeks following the actual date of delivery shall forfeit the right to be given reinstated (except as in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth above). MTS, MTS Communications Inc. may consider an extension of time based on the merits of each individual case. The request shall be submitted in writing prior to the child, expiration of the Employer may require the employee to give the Employer seventeen (17) week period. Note 1: Maternity Leave shall not exceed a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workTOTAL period of more than seventeen (17) weeks except as provided in (c) above.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissalA pregnant Employee is entitled to up to eighteen (18) consecutive weeks of unpaid maternity leave. (b) Medical complications A pregnant Employee will provide the DCFA with a written request for leave at least four (4) weeks prior to the start of pregnancy, including complications during an unpaid the leave and a medical certificate in support of absence the request for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planleave. (c) A pregnant employee who requests The maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) may start no earlier than 13 eleven (11) weeks before the expected birth date, and iimust end no earlier than six (6) no later than the actual birth date and ends no later than 17 weeks after the birth date unless the Employee produces a Doctor’s certificate, which supports a request for a shorter period. The leave beginsperiod may be extended up to six (6) weeks if a Doctor certifies that it is required. (d) An employee who requests leave after giving A birth to a child is entitled to up to 17 consecutive weeks of unpaid parent must request parental leave, which must be taken during as set out in Clause 22.2 and the period that begins on the date of Employment Standards Act, at least four (4) weeks before beginning parental leave. To take parental leave, the birth and ends no later than 17 weeks parent must begin that leave immediately after that datetheir maternity leave. (e) An employee Where an Employee who requests leave after is at work becomes ill or injured following the termination commencement of the employee’s pregnancy eleven (11) week period in (c) above, such illness or injury shall be covered by application of the sick leave provision as follows: (1) where the illness or injury is entitled not directly related to up the condition of pregnancy, sick leave coverage may extend to 6 consecutive weeks the scheduled date of unpaid commencement of maternity leave, which must be taken during or birth of the child(ren), whichever occurs first. (2) where the illness is caused through an abnormal condition of pregnancy as verified in writing by a qualified medical practitioner and the Employee returns to work before the scheduled commencement date of maternity leave, the period that begins on of absence will be covered by the date provisions of the termination of the pregnancy and ends no later than 6 weeks after that dateArticle 19.8. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave ifOn return from maternity leave, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)an Employee shall be placed in their former position. (g) A request When an Employee is on maternity leave, employment is considered continuous for leave must: i) be given in writing the purposes of calculating annual vacations, seniority and termination entitlement, as well as for pension, medical or other plans of benefits to the Employer, ii) Employee. The DCFA will also continue to make payments to any such plans unless the Employee chooses not to continue with their share of the cost of a plan. The Employee is also entitled to all increases in wages and benefits which the Employee would have received if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin not on leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee An Employee on maternity leave under subsection shall notify the DCFA of the date when the Employee shall be returning to work, four (c4) or (d) proposes to return to work earlier than 6 weeks after giving birth prior to the child, expiration of the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workmaternity leave.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity The employee will be granted leave shall for a period not constitute cause for dismissallonger than 17 consecutive weeks. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the The period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no will commence not earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date. The period of maternity leave will end no earlier than six weeks after the date of birth, except in accordance with (c) below, and ends will end no later than 17 weeks after the leave beginsbirth date. (c) A request for shorter period under (b) above must be given in writing to the Employer at least two weeks before the date that the employee indicates they intend to return to work, and the employee must furnish the Employer with a certificate of a qualified medical practitioner or nurse practitioner stating that the employee is able to resume work. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leaveThe Employer will, which must be taken during upon the period that begins on the date request of the birth and ends no later than 17 weeks after that dateemployee, modify the commencement of maternity leave for any period approved in writing by a qualified medical practitioner or nurse practitioner. (e) An employee may be required to commence a maternity leave where the duties of the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a qualified medical practitioner or nurse practitioner stating that they are able to perform their duties. However, where practical, the Employer will provide the employee with an opportunity to continue employment with appropriate alternative duties, before requiring an employee to take a leave of absence. (f) An employee who requests maternity leave under this clause after the termination of the employee’s pregnancy is entitled to will be granted up to 6 six consecutive weeks of unpaid leave, which must be taken during the period that begins leave beginning on the date of the termination of the pregnancy and ends ending no later more than 6 six weeks after that date. (f) An employee who requests the leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)begins. (g) A request Maternity leave may be extended for leave must: i) be given in writing up to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by an additional six months for health reasons where a qualified medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workpresented.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity An employee will be granted unpaid pregnancy leave, upon written request and certification of a medical practitioner. This request shall be submitted as far in advance as possible but not less than two (2) weeks prior to the anticipated date of the leave. The leave shall be granted for any period of up to seventeen (17) weeks immediately preceding the expected date of delivery stated on the certification. Total length of pregnancy leave shall not constitute cause exceed six (6) months, except under extenuating circumstances. An employee may return from such leave prior to the expiration of the seventeen (17) week date. Notice of said return to work must be provided at least four (4) weeks in advance of the date of return. An employee returning from pregnancy leave shall be reinstated in the employee’s previous position and work location and shift, at a rate of pay not less than that which the employee was receiving at the time of the beginning of the leave of absence. The employee shall continue to accumulate seniority and service benefits during said pregnancy leave. The Employer shall pay the premium for dismissalall applicable benefits for the first six (6) months pregnancy leave, except OMERS. The Employer contribution to OMERS will only be continued provided the employee gives the Employer written notice that the employee will pay the employee’s contributions, on an approved form provided to the Employee by the Region. In any event the total contributions paid by the Employer for the combined Maternity and Parental leaves shall not exceed fifty two (52) weeks as per OMERS regulations. Where the Collective Agreement is silent, the current legislation applies. The Region shall pay the two (2) week Employment Insurance waiting period of leave at seventy-five percent (75%) of the current weekly earnings. The fifteen (15) week entitlement under Employment Insurance shall be topped up by the Employer so that the employee receives seventy-five percent (75%) of her current weekly earnings. Both payments above shall be paid retroactively after proof is provided that the employee is in receipt of EI benefits. (b) Medical complications An employee will be granted unpaid parental leave for a period up to and including thirty-five (35) weeks, upon request and verification of: i) the birth of pregnancythe employee’s child. ii) the coming of a child into the custody, including complications care and control of the parent for the first time. Xxxxxx is defined as a person with whom a child is placed for adoption or a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own. An employee who does not take pregnancy leave will be granted up to thirty-seven (37) weeks of parental leave, upon request and the verification of i) and ii) above. The parental leave of an employee who takes pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time. Parental leave must begin no more than fifty-two (52) weeks after the day the child is born or comes into the custody, care and control of a parent for the first time. The employee must provide the Employer with written notice of the anticipated date the leave is to begin. This notice will be submitted as far in advance as possible but not less than two (2) weeks (where possible). The employee shall continue to accumulate seniority and service benefits during the said parental leave. The Employer shall pay the premium for all applicable benefits for the thirty-five (35) or thirty-seven (37) week parental leave, except XXXXX. The Employer contribution to OMERS will only be continued provided the employee gives the Employer written notice that the employee will pay the employee’s contributions, on an approved form provided to the employee by the Region. c) An employee will upon request, be granted a further unpaid leave of absence for maternity reasons preceding up to seventeen (17) weeks for adoption of a child. Written notice for the period stated by additional leave must be provided in conjunction with the Employment Insurance Actnotice of parental leave. The employee shall continue to accumulate seniority and service benefits during said adoption leave. The Employer shall pay the premium for all applicable benefits for the seventeen (17) week adoption leave, shall except OMERS. The Employer contribution to OMERS will only be covered by sick leave credits providing continued provided the employee is not in receipt of maternity benefits under gives the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant Employer written notice that the employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of will pay the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leavecontributions, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related an approved form provided to the birth employee by the Region. If legislation increases the leave available for adoptive parents, the parties agree the maximum leave will be the greater of a total of fifty two (52) weeks or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)legislated amount. (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Agreement

Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave Leave of absence without pay for a continuous period not exceeding seventeen (17) weeks, or that stipulated by Human Resources and Skills Development Canada, whichever is greater, will be granted to regular employees for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick reasons. This leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) may start no earlier than 13 eleven (11) weeks before the expected birth date, and iimust end no earlier than six (6) weeks after the birth date unless the employee requests a shorter period. (b) In order to be eligible for a leave of absence, a pregnant employee shall have a medical certificate completed by her physician and submitted to the Labour Relations Manager as soon as is reasonable within the second trimester. Any cost associated with obtaining the medical certificate shall be reimbursed by the Company. (i) Employees will notify the Company at least four (4) weeks in advance of the date on which the employee intends to begin her leave of absence. An employee may alter the date of commencement of her leave of absence by providing written notice to the Company no later than two (2) weeks prior to the actual birth date and ends no later than 17 weeks after she originally wished to commence her leave of absence. Should the employee suffer mental or physical illness as a result of pregnancy, she shall on the recommendation of her physician, commence her leave beginsof absence immediately. (ii) If it is the intention of the Company to fill the position, such vacancy shall be posted within ten (10) days of notification from the employee. (d) An Once the employee who requests has commenced her leave after giving birth of absence, she will not be permitted to a child is entitled return to up to 17 consecutive weeks of unpaid leave, which must be taken work during the six (6) week period that begins on following the date of delivery unless the birth and ends no later than 17 weeks after that dateemployee requests a shorter period. (e) An Where an employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the gives birth or the termination of the pregnancypregnancy is terminated before a request for leave is made, the Company shall, on the employee's request and on receipt of a medical certificate stating that the employee is unable to return to work when has given birth or that the pregnancy was terminated, grant the employee leave ends consistent with of absence from work without pay for a period of six (c)6) weeks, (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day or a shorter period as the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)requests. (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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