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Common use of Maternity-Related Reassignment and Leave Clause in Contracts

Maternity-Related Reassignment and Leave. ‌ (a) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth (24th) week following the birth, request the Corporation to modify her job functions or reassign her to other duties if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or that of the foetus or child. (b) An employee’s request under paragraph (a) above must be accompanied by a medical certificate of a qualified physician of her choice indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. (c) An employee who has made a request under paragraph (a) above is entitled to continue in her current job while the Corporation examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the Corporation (i) modifies her job functions or reassigns her, or (ii) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her, and that pay shall for all purposes be deemed to be wages. (d) Where the Corporation concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Corporation shall so inform the employee in writing and the employee shall be granted a leave of absence without pay for the duration of the risk as indicated in the medical certificate. (e) An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence without pay during the period from the beginning of the pregnancy to the end of the twenty-fourth (24th) week following the birth, if she provides the Corporation with a certificate of a qualified physician of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability. (f) An employee whose job functions have been modified, who has been reassigned or who is on leave of absence under this Article shall give at least two (2) weeks notice in writing to the Corporation of any change in the duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Maternity-Related Reassignment and Leave. (a) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-twenty- fourth (24th) week following the birth, request the Corporation to modify her job functions or reassign her to other duties if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or that of the foetus or child. (b) An employee’s request under paragraph clause (a) above must be accompanied by a medical certificate of a qualified physician of her choice indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. (c) An employee who has made a request under paragraph clause (a) above is entitled to continue in her current job while the Corporation examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the Corporation (i) modifies her job functions or reassigns her, or (ii) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her, and that pay shall for all purposes be deemed to be wages. (d) Where the Corporation concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Corporation shall so inform the employee in writing and the employee shall be granted a leave of absence without pay for the duration of the risk as indicated in the medical certificate. (e) An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence without pay during the period from the beginning of the pregnancy to the end of the twenty-fourth (24th) week following the birth, if she provides the Corporation with a certificate of a qualified physician of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability. (f) An employee whose job functions have been modified, who has been reassigned or who is on leave of absence under this Article shall give at least two (2) weeks notice in writing to the Corporation of any change in the duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Maternity-Related Reassignment and Leave. ‌ (a) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth (24th) week following the birth, request the Corporation Company to modify her job functions or reassign her to other duties another job if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child. (b) . An employee’s request under paragraph (a) above this Article must be accompanied by a medical certificate of a qualified physician medical practitioner of her the employee’s choice indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. (c) . The Company shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee’s job functions or reassign her. An employee who has made a request under paragraph (a) above this Article is entitled to continue in her current job while the Corporation Company examines her request, but, if the there is a risk posed by continuing any of her job functions so requiresfunctions, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the Corporation (i) Company modifies her job functions or reassigns her, or (ii) informs her . The onus is on the Company to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in writing that it the medical certificate is not reasonably practicable to modify her job functions or reassign her, and that pay shall for all purposes be deemed to be wages. (d) practicable. Where the Corporation Company concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Corporation Company shall so inform the employee in writing writing. An employee referred to in this Article is entitled to and the employee shall be granted a leave of absence without pay for the duration of the risk as indicated in the medical certificate. (e) An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence without pay during the period from the beginning of the pregnancy to the end of the twenty-fourth (24th) week following the birth, if she provides the Corporation with a certificate of a qualified physician of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability. (f) . An employee whose job functions have been modified, who has been reassigned or who is on a leave of absence under this Article shall give at least two (2) weeks notice in writing to the Corporation Company of any change in the duration of the risk or in the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice , and such must be accompanied by a new medical certificate.

Appears in 1 contract

Samples: Collective Bargaining Agreement