Long Service Leave (1) Subject to subclause (3) of this clause, an employee who has completed ten years’ continuous service with the employer shall be entitled to (a) up to 31 December 2006, ten weeks’ long service leave (b) from 1 January 2007, thirteen weeks’ long service leave (c) For each subsequent period of ten years’ service an employee shall be entitled to an additional thirteen weeks’ long service leave. (2) An employee who has accrued a minimum entitlement of ten weeks’ long service leave shall be entitled to take such leave. (3) Employees are entitled to take long service leave in minimum periods of one week. (4) In calculating an employee’s entitlement under this clause, continuous service with the employer prior to the 1st day of January 1997 shall be taken into account in the following manner: (a) In the case of an employee who has already accrued an entitlement to long service leave with the employer prior to the 1st day of January, 1997, the employee shall continue to accrue subsequent entitlements to long service leave in accordance with the provisions of subclause (1) of this clause. (b) In the case of an employee who, at the 1st day of January 1997, had not accrued an entitlement to long service leave, the employee’s entitlement shall be calculated on the following basis: For any period of continuous employment prior to the 1st day of January 1997, an amount calculated on the basis of 13 weeks’ long service leave on full pay for each 15 years of continuous service, in accordance with the relevant award. (c) In the case of employees who have worked less than full-time during the accrual period, long service leave shall be paid at the rate of the average of hours worked over the accrual period. (5) The expression “continuous service” includes any period during which the employee is absent on full pay from their duties, but does not include: (a) Any period exceeding two weeks during which the employee is absent on leave without pay. In the case of leave without pay which exceeds eight weeks in a continuous period, the entire period of that leave is excised in full; (b) Any service of an employee who resigns or is dismissed, other than service prior to such resignation or prior to the date of any offence in respect of which they are dismissed by the employer, when that prior service has actually entitled the employee to long service leave under this clause. (6) Any entitlement to annual leave that falls due during the period of long service leave shall be recognised as extra leave and not included in the long service leave. (7) Any public holiday which occurs during the period an employee is on long service leave shall be treated as part of the long service leave and extra days in lieu thereof shall not be granted. (8) Where an employee has become entitled to a period of long service leave in accordance with this clause, the employee shall commence such leave as soon as possible after the accrual date, or in a manner mutually agreed between the employer and employee. (9) Payment for long service leave shall be made; (a) in full before the employee goes on leave, or (b) by the normal fortnightly payment intervals; (c) or by agreement between the employee and the employer. (10) Where an employee has completed at least 7 years’ service but less than 10 years’ service and employment is terminated- (a) by their death; (b) in any circumstances, other than serious misconduct, the amount of leave shall be such proportion to the number of completed years of such service bears to 10 years. (11) In the case to which subclause (8) of this clause applies and in any case in which the employment of the employee who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of employment otherwise than by death, pay to the employee and upon termination by death, pay to the personal representative of the employee upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which they are entitled or deemed to have been entitled and which would have been taken but for termination. Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder. (12) Where an employee is ill during a period of long service leave and produces at the time, or as soon as practicable thereafter, medical evidence that would satisfy a reasonable person that as a result of illness or injury the employee was confined to their place of residence or a medical facility for a period of at least fourteen (14) consecutive days, the employer shall grant sick leave for the period the employee was so confined and reinstate long service leave equivalent to the period of confinement.
Maternity Maternity leaves, not to exceed six (6) months, shall be granted at the request of the employee.
Paternity Leave 7.4.6(a) An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:
Maternity Leave (a) Every employee who becomes pregnant shall, not later than the fifth month of her pregnancy, request maternity leave without pay to commence on a date that is within the three (3) month period immediately preceding the expected date of the termination of her pregnancy. (b) An employee requesting maternity leave shall submit, with the application for leave, a statement from her physician indicating that employment to the date specified in the application will not be injurious to her health providing unforeseen complications do not arise. (c) Where an employee submits to the Deputy Head or Chief Executive Officer a certificate from a qualified medical practitioner stating that her health so requires, the Deputy Head or Chief Executive Officer shall grant maternity leave to the employee to commence earlier than three (3) months before the expected termination of her pregnancy. (d) The Employer may direct an employee who is pregnant to proceed on maternity leave at any time where, the employee cannot produce a medical certificate stating that her condition does not prevent her from performing her normal work functions. (e) An employee who agrees to return to work and who provides the Employer with proof that she has applied for and is eligible to receive Employment Insurance benefits pursuant to the Employment Insurance Act, shall be eligible during the two week waiting period prior to commencement of Employment Insurance benefits for a maternity leave allowance of seventy-five (75%) of the employee’s regular rate of pay; such maternity leave allowance will be in accordance with the supplementary unemployment benefits program of the Employment Insurance Commission. (f) The total period of maternity leave shall not exceed seventeen weeks, including the two (2) week waiting period and the maternity leave taken before and after the date of termination of the pregnancy. Maternity leave will continue after the termination of the pregnancy up to that point where the maternity leave taken before and after the termination of the pregnancy totals seventeen weeks, unless sooner terminated by the employee's resignation or return to work. (g) When an employee on maternity leave wishes to return to work, she shall give the Deputy Head or Chief Executive Officer notice of the fact at least ten (10) working days prior to the date that she will be ready to return to work, and shall submit the written approval of a qualified medical practitioner. (h) An employee who returns to work in accordance with Article 18.04 (e) hereof shall retain her position on the Plan of Organization in the same Department, Board, Commission, or Agency, in the same geographical location that she held prior to and during the period of her temporary absence. (i) An employee who returns to work in accordance with Article 18.04 (h) shall receive a rate of pay that is equivalent to or greater than the rate of pay she was receiving immediately prior to her departure on maternity leave. (j) Subject to Article 18.04 (k) an employee on maternity leave who does not return to work within the period of time referred to in Article 18.04 (f) will be considered to have resigned her position on the last day of the time allotted. (k) The Employer may extend the leave period following termination of the pregnancy referred to in Article
Maternity, Parental and Adoption Leave Employees are eligible for unpaid leave of absence from employment subject to the conditions in this article. Every employee who intends to take a leave of absence under this article shall give at least 30 days' notice in writing to the Employer unless there is a valid reason why such notice cannot be given and shall inform the Employer in writing of the length of leave intended to be taken. Each employee who wishes to change the effective date of approved leave shall give four weeks' notice of such change unless there is a valid reason why notice cannot be given.
