Common use of Pregnancy, Parental and Adoption Leave Clause in Contracts

Pregnancy, Parental and Adoption Leave. (a) An Employee who is pregnant shall be entitled, upon their application, to a leave of absence of seventeen (17) weeks, or such shorter leave as they may request, commencing at any time during the seventeen (17) weeks immediately preceding the estimated birth date or on the date of birth, if earlier. (b) Pregnancy leave", as used throughout this article, is understood to mean the period of seventeen (17) weeks referred to in Article 24.01(a) above. (a) An Employee who is entitled to, or has applied for, pregnancy leave cannot be terminated or laid off, disciplined or suspended as a result of requesting or having taken such leave. (b) An Employee shall not receive notice of job closure during their pregnancy leave or during their parental leave if the parental leave was requested prior to the commencement of their pregnancy leave. (c) If an Employee commences pregnancy leave prior to the completion of their probationary period, the remaining portion of the probationary period will commence once the Employee returns from such leave. (d) An Employee who has received any advisory notice and who has provided their supervisor with a certificate from a legally qualified medical practitioner, including a midwife stating that they are pregnant, as specified in Article 24.03, will have the advisory notice period suspended during their pregnancy leave and during the parental leave, provided the parental leave was requested prior to the commencement of their pregnancy leave. Upon their return to work, the Employee will work the remainder of the advisory notice period at their former position, if it exists, or alternate duties, or a comparable position. (a) An Employee shall give their supervisor at least four (4) weeks' notice, in writing, of the day on which they intend to commence their pregnancy leave, and the intended duration of such leave. (b) An Employee who wishes to immediately follow pregnancy leave with parental leave shall, whenever possible, request such leave, in writing or electronically, prior to the commencement of the pregnancy leave. 24.04 The Employer shall make every effort to accommodate a pregnant Employee to perform the essential duties of their position. A pregnant Employee experiencing difficulty performing the essential duties of their position may: 24.05 No Employee shall be required to return to work following pregnancy leave earlier than six

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Pregnancy, Parental and Adoption Leave. a) The Company will abide by the provisions of the Employment Standards Act, Ontario. (a) An Employee who is pregnant Any application for such leave shall include the requested date for the commencement of such leave and be entitled, upon their application, to accompanied by a leave of absence of seventeen (17) weeks, or such shorter leave as they may request, commencing at any time during certificate from the seventeen (17) weeks immediately preceding employee’s doctor specifying the estimated birth date or on the date of birth, if earlieranticipated delivery date. (b) Pregnancy leave", as used throughout this article, is understood to mean Where the employee and the employer agree that the period of seventeen leave which follows the date of birth may be less than six (176) weeks referred weeks, the employee may return to in Article 24.01(a) above. (a) An Employee who is entitled to, or has applied for, pregnancy leave work by providing a certificate from the employee’s doctor that resumption of work will not endanger the employee’s health. If the employee cannot be terminated or laid off, disciplined or suspended perform her normal duties the employer can order an extension of the leave as a result of requesting or having taken such leave. (b) An Employee shall not receive notice of job closure during their pregnancy leave or during their parental leave if the parental leave was requested prior to the commencement of their pregnancy leaveprovided in this Article. (c) If an Employee commences pregnancy An employee to whom such leave prior has been granted shall be reinstated to her former position or be provided with alternative work of a comparable nature under similar terms and conditions with no loss in the wage rate paid to the completion employee at the commencement of their probationary period, the remaining portion of the probationary period will commence once the Employee returns from such leave. (d) An Employee who has received any advisory notice and who has provided their supervisor with a certificate from a legally qualified medical practitioner, including a midwife stating that they are pregnant, as specified in Article 24.03, There will have the advisory notice period suspended during their pregnancy leave and during the parental leave, provided the parental leave was requested prior be retention of progression to the commencement of their pregnancy leave. Upon their return such leave with seniority, pension plan credited service and Sick Pay Plan credits continuing to work, the Employee will work the remainder of the advisory notice period at their former position, if it exists, or alternate duties, or a comparable position. (a) An Employee shall give their supervisor at least four (4) weeks' notice, in writing, of the day on which they intend to commence their pregnancy leave, and the intended duration of accumulate during such leave. (be) Management will consider extensions for pre- and post- natal leave in the event of extenuating circumstances. (f) An Employee employee who wishes has ceased to immediately follow pregnancy work and is otherwise entitled to maternity leave shall be granted leave upon providing the Company with parental leave shalla doctor’s certificate. Such certificate will be provided within two (2) weeks after she ceased to work, whenever possible, request such leave, in writing or electronically, prior to the commencement of the pregnancy leave. 24.04 The Employer shall make every effort to accommodate a pregnant Employee stating that she was unable to perform the essential duties of their position. A pregnant Employee experiencing difficulty performing her employment because of a medical condition arising from her pregnancy. (g) Any employee who experiences any pregnancy related disability or illness (whether arising from complications or not) while actively employed shall not be denied any benefits elsewhere described under the essential duties terms of their position may:this Agreement. 24.05 No Employee shall be required (h) An employee who is unable to return to work following at the conclusion of her maternity leave because she is disabled for any reason, she must be paid disability benefits accumulated in respect to her service when the leave began. Such benefits will commence on the date she would otherwise have returned to work. (i) An employee who is entitled to pregnancy leave, meets the employment criteria and who is the birth mother of a child is entitled to a Supplementary Employment Benefit as per the current company policy. b) Employees are eligible for an adoption leave earlier than sixas set forth in the Company’s Adoption Leave Policy.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Pregnancy, Parental and Adoption Leave. (a) An Employee who is pregnant shall Pregnancy Leave will be entitled, granted upon their application, request to a leave of absence of seventeen (17) weeks, or such shorter leave as they may request, commencing at any time during the seventeen (17) weeks immediately preceding the estimated birth date or on the date of birth, if earlierpregnant employee. (b) Pregnancy leave"A pregnant employee shall give her immediate exempt supervisor as much advance notice as possible, as used throughout this articlepreferably at least two weeks written notice, is understood of the date upon which she intends to mean commence her leave of absence, together with a physician’s certificate estimating the period date of seventeen (17) weeks referred to in Article 24.01(a) above. (a) An Employee who is entitled to, or has applied for, pregnancy leave cannot be terminated or laid off, disciplined or suspended as a result of requesting or having taken such leave. (b) An Employee shall not receive notice of job closure during their pregnancy leave or during their parental leave if the parental leave was requested prior to the commencement of their pregnancy leavedelivery. (c) If an Employee commences pregnancy a pregnant employee is unable to satisfactorily perform the essential duties of her job, and no appropriate alternative job is available, she may be required to take a leave of absence prior to the completion requested commencement date of their probationary period, the remaining portion of the probationary period will commence once the Employee returns from such leave. (d) An Employee who has received any advisory notice and who has provided their supervisor with a certificate from a legally qualified medical practitioner, including a midwife stating that they are pregnant, as specified in Article 24.03, will have the advisory notice period suspended during their pregnancy leave and during the parental leave, provided the parental leave was requested prior to the commencement of their pregnancy leave. Upon their return to work, the Employee will work the remainder of the advisory notice period at their former position, if it exists, or alternate duties, or a comparable position. (a) An Employee shall give their supervisor at least four (4) weeks' notice, in writing, of the day on which they intend to commence their her pregnancy leave, and the intended duration of but only for such leave. (b) An Employee who wishes to immediately follow pregnancy leave with parental leave shall, whenever possible, request such leave, in writing or electronically, prior to the commencement of the pregnancy leave. 24.04 The Employer shall make every effort to accommodate a pregnant Employee time as she is unable to perform the essential duties of their positionher job. A The burden of proving that a pregnant Employee experiencing difficulty performing employee is unable to perform the essential duties of their position may:her job, and that no appropriate alternative job is available, rests upon the Employer. 24.05 No Employee shall be required (d) Upon receipt of an employee’s request, at least two weeks before original return date, the Employer will extend an employee’s pregnancy leave, to a maximum of twelve (12) months. (e) An employee on pregnancy leave is expected to return to work as soon as possible, but she may only return to work within six weeks of the actual date of delivery by furnishing her immediate exempt supervisor with a physician’s certificate stating that she is able to return to work. (f) The employee shall provide at least two weeks notice of her return date. (g) An employee on pregnancy/parental and adoption leave will accrue seniority rights and will continue to receive the benefits contained in this Collective Agreement. (h) Effective on confirmation by the Employment Insurance Commission of the appropriateness of the Employer’s Supplemental Employment Benefit Plan, an employee on leave who is in receipt of the Employment Insurance Pregnancy Benefits pursuant to Section 30 of the Employment Insurance Act, 1971, shall be paid a Supplemental Employment 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 Employment Insurance Benefits. Such payment shall commence following completion of the two (2) week Employment Insurance waiting period and receipt by the Employer of the Employee’s Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy leave earlier than sixbenefits and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen (1.5) weeks.

Appears in 1 contract

Samples: Collective Agreement

Pregnancy, Parental and Adoption Leave. (a) An Employee 18.1 Employees are eligible, from date of hire, for unpaid leave of absence from employment, subject to the conditions in this Article. Every employee who is pregnant shall be entitled, upon their application, intends to take a leave of absence of seventeen (17) weeks, or such shorter leave as they may request, commencing at any time during the seventeen (17) weeks immediately preceding the estimated birth date or on the date of birth, if earlier. (b) Pregnancy leave", as used throughout under this article, is understood to mean the period of seventeen (17) weeks referred to in Article 24.01(a) above. (a) An Employee who is entitled to, or has applied for, pregnancy leave cannot be terminated or laid off, disciplined or suspended as a result of requesting or having taken such leave. (b) An Employee shall not receive notice of job closure during their pregnancy leave or during their parental leave if the parental leave was requested prior to the commencement of their pregnancy leave. (c) If an Employee commences pregnancy leave prior to the completion of their probationary period, the remaining portion of the probationary period will commence once the Employee returns from such leave. (d) An Employee who has received any advisory notice and who has provided their supervisor with a certificate from a legally qualified medical practitioner, including a midwife stating that they are pregnant, as specified in Article 24.03, will have the advisory notice period suspended during their pregnancy leave and during the parental leave, provided the parental leave was requested prior to the commencement of their pregnancy leave. Upon their return to work, the Employee will work the remainder of the advisory notice period at their former position, if it exists, or alternate duties, or a comparable position. (a) An Employee shall give their supervisor at least four (4) weeks' notice, notice in writing, writing to the Employer indicating the start date of the day on which they intend to commence their pregnancy leave, leave and the intended duration return to work date, unless there is a valid reason why such notice cannot be given. Each employee who wishes to change the effective dates of approved leave shall give four (4) weeks' notice of such change unless there is a valid reason why such notice cannot be given. 18.2 The employee shall be granted leave of absence for a combined period of not more than thirty-two (32) weeks under this Article plus any additional leave outlined in 18.3(f) and (g), and 18.5. 18.3 An employee is entitled to eighteen (18) consecutive weeks of unpaid pregnancy leave. (a) The period of pregnancy leave shall commence not earlier than eleven (11) weeks before the expected date of delivery and end no earlier than six (6) weeks after the birth of the child, unless the employee requests a shorter period. (b) A request for a shorter period will be considered if the employee provides written notification at least one (1) week before the employee's proposed return to work date. This notification must include a certificate from their medical practitioner stating they are able to resume work. (c) An Employee employee who wishes requests leave under this Article after the birth of a child or the termination of a pregnancy is entitled to immediately follow up to six (6) consecutive weeks of unpaid leave beginning on the date of the birth or of the termination of the pregnancy. (d) The Employer shall, upon the request of the employee, modify the commencement of pregnancy leave with for any period approved in writing by a qualified medical practitioner. (e) An employee may be required to commence a pregnancy 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 medical practitioner stating that she is able to perform the duties. (f) Pregnancy leave may be extended for up to an additional six (6) weeks for health reasons related to the birth or termination of the pregnancy, where a medical practitioner's certificate is presented. (g) In the even of an identified special need of the child as identified by a physician the employee shall be entitled to five (5) additional weeks' leave. 18.4 Employees shall be granted parental leave shall, whenever possible, request such of absence to a maximum of twelve (12) weeks as follows: (1) For the birth mother - immediately after a pregnancy leave (2) For the birth father - within fifty-two (52) weeks after the birth (3) For the adopting parent - within fifty-two (52) weeks after the child is placed with the parent. 18.5 If the federal Employment Insurance Act allows for extended leave, such leave may be added to any other leave under this Article. 18.6 Carry over of vacation entitlement is not permitted. Employees are required to use current vacation leave immediately before or following pregnancy/parental or adoption leaves. 18.7 On return from pregnancy/parental/adoption leave or extensions to such leaves, an employee shall be placed in writing the employee's former position or electronicallyin a comparable position if the employee's position has been eliminated. 18.8 Illness arising due to or coinciding with pregnancy, during employment, and prior to leave of absence, shall be charged to normal sick leave. (a) The services of an employee who is on leave under this Article are deemed to be continuous for the purposes of: (1) Calculating annual vacation entitlement with paid accrual for leave under this Article exclusive of leave under 18.5; (2) Health Care Plans pursuant to Article 24 for leave under this Article, exclusive of leave under 18.5. (b) The Employer must continue to make payments to health care plans during an employee's leave under this Article, exclusive of leave under 18.5, if the employee pre-pays their share of the cost of the plan. (c) The employee is entitled to all increases in wages and benefits the employee would have been entitled to during leave under this Article, exclusive of leave under 18.5. 18.10 Employees who decide to resign following pregnancy/parental/adoption leave are requested to submit a letter of resignation at least one month prior to the commencement of the pregnancy leave. 24.04 The Employer shall make every effort to accommodate a pregnant Employee to perform the essential duties of their position. A pregnant Employee experiencing difficulty performing the essential duties of their position may: 24.05 No Employee shall be required to expected return to work following pregnancy leave earlier than sixdate.

Appears in 1 contract

Samples: Collective Agreement

Pregnancy, Parental and Adoption Leave. (a) An Employee who is pregnant Pregnancy leave and parental leave shall be entitled, upon their application, granted to a leave maximum of absence of seventeen fifty-two (17) weeks, or such shorter leave as they may request, commencing at any time during the seventeen (1752) weeks immediately preceding of unpaid leave. Adoption leave shall be granted to a maximum of thirty-seven (37) weeks within the estimated birth date or on fifty-two (52) week period after the adopted child is placed with the adoptive parents. Pregnancy, adoption and parental leave requests shall be in writing and shall state the last day to be worked and the expected date of birth, if earlierreturn to work. (b) Pregnancy leave", as used throughout this article, is understood to mean the period of seventeen (17) weeks referred to in Article 24.01(a) above. (a) An Employee who is entitled to, or has applied for, The combined maximum leave for employees taking both pregnancy leave cannot be terminated or laid off, disciplined or suspended as a result of requesting or having taken such leave. (b) An Employee shall not receive notice of job closure during their pregnancy leave or during their and parental leave if the parental leave was requested prior in relation to the commencement of their pregnancy leavesame birth shall be fifty-two (52) weeks. (c) If an Employee commences Employees on pregnancy leave prior to who have notified the completion Vice President, Human Resources of their probationary periodintention of returning to work and who subsequently suffer an illness which prevents such return, shall be entitled to receive sickness and accident benefits under Section 21.6, commencing on the remaining portion of first working day on which they would otherwise have returned to work, provided they were eligible for sickness and accident benefits at the probationary period will commence once time the Employee returns from such leavematernity leave commenced. (d) An Employee who has received any advisory notice Employees on pregnancy, adoption and who has provided their supervisor with a certificate from a legally qualified medical practitionerparental leave shall continue to accrue seniority and service for service related benefit entitlements. (e) When an employee is off work on pregnancy, including a midwife stating that they are pregnantadoption and parental leave, as specified the Employer shall continue to make its share of the premium payments for the benefit plans in Article 24.03, will have which the advisory notice period suspended during their pregnancy leave and during employee is enrolled prior at the parental commencement of the leave, provided the parental leave was requested prior to the commencement employee pays their share of their pregnancy leave. Upon their return to work, the Employee will work the remainder of the advisory notice period at their former position, if it exists, or alternate duties, or a comparable positionsuch premium costs. (af) An Employee Employees returning from pregnancy, adoption or parental leave shall give return to their supervisor at least four (4) weeks' noticeformer position provided that such position continues to exist. If the position does not exist because the Employer has eliminated the position or the incumbent would have been laid off had they not been on the leave, in writing, the seniority provisions of the day Collective Agreement shall apply. (g) Full-time employees on which they intend to commence their pregnancy leave, adoption leave or parental leave, who apply for and are approved for coverage under the intended duration Employment Insurance Supplementary Employment Insurance Plan, Appendix B (proof of which may be required), shall receive a supplement from the Employer during the first three (3) weeks of such leave. leave that is equivalent to eighty-five percent (b85%) An Employee who wishes to immediately follow pregnancy leave with parental leave shall, whenever possible, request such leave, in writing or electronically, prior to the commencement of the pregnancy leavestraight-time earnings the employee would have earned had the employee continued working. Employees shall not be eligible to receive this supplement more than once per birth or adoption. 24.04 The Employer shall make every effort to accommodate a pregnant Employee to perform the essential duties of their position. A pregnant Employee experiencing difficulty performing the essential duties of their position may: 24.05 No Employee shall be required to return to work following pregnancy leave earlier than six

Appears in 1 contract

Samples: Collective Agreement

Pregnancy, Parental and Adoption Leave. (a) An Employee who is pregnant shall Pregnancy Leave will be entitled, granted upon their application, request to a leave of absence of seventeen (17) weeks, or such shorter leave as they may request, commencing at any time during the seventeen (17) weeks immediately preceding the estimated birth date or on the date of birth, if earlierpregnant employee. (b) Pregnancy leave"A pregnant employee shall give her immediate exempt supervisor as much advance notice as possible, as used throughout this articlepreferably at least two weeks written notice, is understood of the date upon which she intends to mean commence her leave of absence, together with a physician’s certificate estimating the period date of seventeen (17) weeks referred to in Article 24.01(a) above. (a) An Employee who is entitled to, or has applied for, pregnancy leave cannot be terminated or laid off, disciplined or suspended as a result of requesting or having taken such leave. (b) An Employee shall not receive notice of job closure during their pregnancy leave or during their parental leave if the parental leave was requested prior to the commencement of their pregnancy leavedelivery. (c) If an Employee commences pregnancy a pregnant employee is unable to satisfactorily perform the essential duties of her job, and no appropriate alternative job is available, she may be required to take a leave of absence prior to the completion requested commencement date of their probationary period, the remaining portion of the probationary period will commence once the Employee returns from such leave. (d) An Employee who has received any advisory notice and who has provided their supervisor with a certificate from a legally qualified medical practitioner, including a midwife stating that they are pregnant, as specified in Article 24.03, will have the advisory notice period suspended during their pregnancy leave and during the parental leave, provided the parental leave was requested prior to the commencement of their pregnancy leave. Upon their return to work, the Employee will work the remainder of the advisory notice period at their former position, if it exists, or alternate duties, or a comparable position. (a) An Employee shall give their supervisor at least four (4) weeks' notice, in writing, of the day on which they intend to commence their her pregnancy leave, and the intended duration of but only for such leave. (b) An Employee who wishes to immediately follow pregnancy leave with parental leave shall, whenever possible, request such leave, in writing or electronically, prior to the commencement of the pregnancy leave. 24.04 The Employer shall make every effort to accommodate a pregnant Employee time as she is unable to perform the essential duties of their positionher job. A The burden of proving that a pregnant Employee experiencing difficulty performing employee is unable to perform the essential duties of their position may:her job, and that no appropriate alternative job is available, rests upon the Employer. 24.05 No Employee shall be required (d) Upon receipt of an employee’s request, at least two weeks before original return date, the Employer will extend an employee’s pregnancy leave, to a maximum of twelve (12) months. (e) An employee on pregnancy leave is expected to return to work as soon as possible, but she may only return to work within six weeks of the actual date of delivery by furnishing her immediate exempt supervisor with a physician’s certificate stating that she is able to return to work. (f) The employee shall provide at least two weeks notice of her return date. (g) An employee on pregnancy/parental and adoption leave will accrue seniority rights and will continue to receive the benefits contained in this Collective Agreement. (h) Effective on confirmation by the Employment Insurance Commission of the appropriateness of the Employer’s Supplemental Employment Benefit Plan, an employee on leave who is in receipt of the Employment Insurance Pregnancy Benefits pursuant to Section 30 of the Employment Insurance Act, 1971, shall be paid a Supplemental Employment 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 Employment Insurance Benefits. Such payment shall commence following completion of the two (2) week Employment Insurance waiting period and receipt by the Employer of the Employee’s Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy leave earlier than sixbenefits and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen (15) weeks.

Appears in 1 contract

Samples: Collective Agreement

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Pregnancy, Parental and Adoption Leave. (a) An Employee who is pregnant After three (3) months of employment, an employee, upon written request no less than 2 weeks prior to the commencement of the leave (where possible), shall be entitled, upon their application, granted up to a leave of absence of seventeen (17) weeks, or such shorter leave as they may request, commencing at any time during the seventeen (17) weeks immediately preceding the estimated birth date or on the date unpaid leave of birth, if earlier. (b) Pregnancy leave", as used throughout this article, is understood to mean the period of seventeen (17) weeks referred to in Article 24.01(a) above. (a) absence for pregnancy. An Employee employee who is entitled to, or has applied for, to pregnancy leave canshall be granted up to thirty-five (35) weeks unpaid leave of absence for parental leave, to be taken immediately following completion of the pregnancy leave where the employee provides two (2) weeks written notice of their intention to take parental leave. An employee who has completed at least three (3) months of employment who is the parent of a child and is not entitled to pregnancy leave shall be terminated or laid offgranted up to thirty-seven (37) weeks unpaid leave of absence for parental leave, disciplined or suspended as a result to commence no earlier than the child coming into the care and control of requesting or having taken such the parent and no later than the end of the mother’s pregnancy leave, where the employee provides 2 weeks written notice of their intention to take parental leave. (b) An Employee shall not receive notice The period of job closure during their pregnancy leave or during their parental leave if the parental leave was requested prior to the commencement will be considered as continuous service for purposes of their pregnancy leaveseniority, annual increments and length of vacation entitlement. (c) If an Employee commences pregnancy It is understood that the employee who wishes adoption leave prior will have notified the Employer in writing of approval of his/her application to adopt at the completion time of their probationary period, the remaining portion of the probationary period will commence once the Employee returns from such leaveapproval. (d) An Employee who has received any advisory notice and who has provided their supervisor The employee returning to work after pregnancy, parental or adoption leave shall provide the Employer with a certificate from a legally qualified medical practitioner, including a midwife stating that they are pregnant, as specified in Article 24.03, will have the advisory notice period suspended during their pregnancy leave and during the parental leave, provided the parental leave was requested prior to the commencement of their pregnancy leave. Upon their return to work, the Employee will work the remainder of the advisory notice period at their former position, if it exists, or alternate duties, or a comparable position. (a) An Employee shall give their supervisor at least four (4) weeks' notice. On return from leave, the employee will be placed in writinghis/her former job classification, unless otherwise agreed between the Employer, the Employee and the Union. Reasonable efforts will be made to accommodate the employee’s choice of work location. (e) The Employer will continue to make any Employer contributions to the benefits premiums in which the employee is enrolled for the period of the day pregnancy and parental or adoption leave provided that the employee continues to make any employee contributions to the benefit plans. (f) An employee on which they intend to commence their pregnancy leave, and the intended duration of such leave. (b) An Employee who wishes to immediately follow pregnancy leave with parental leave shall, whenever possible, request such or on adoption leave, in writing who is entitled to receive Employment Insurance pregnancy or electronically, prior parental benefits pursuant to the commencement Employment Insurance Act, as amended, shall be paid a supplemental employment benefit provided that the employee is in receipt of Employment Insurance pregnancy or parental benefits. That benefit will be equivalent to eighty-five percent (85%) of the pregnancy leave. 24.04 The Employer shall make every effort to accommodate a pregnant Employee to perform employee’s regular weekly earnings for the essential duties of their position. A pregnant Employee experiencing difficulty performing the essential duties of their position may: 24.05 No Employee shall be required to return to work following pregnancy leave earlier than sixtwo

Appears in 1 contract

Samples: Collective Agreement

Pregnancy, Parental and Adoption Leave. (a) An Employee who employee is pregnant shall be entitled, upon their application, entitled to Pregnancy Leave without pay for a leave of absence of seventeen (17) weeks, or such shorter leave as they may request, commencing at any time during the seventeen (17) weeks immediately preceding the estimated birth date or on the date of birth, if earlier. (b) Pregnancy leave", as used throughout this article, is understood to mean the period of seventeen (17) weeks referred beginning no earlier than seventeen (17) weeks before the expected date of delivery. The Employer shall not deny a pregnant employee the right to continue employment during the period of pregnancy, except as provided in Article 24.01(a) above. (a) An Employee who is entitled to, or has applied for, pregnancy leave cannot be terminated or laid off, disciplined or suspended as a result of requesting or having taken such leavethis Collective Agreement. (b) An Employee shall not receive notice The Employer may require the employee to submit a medical certificate setting out the expected date of job closure during their pregnancy leave or during their parental leave if the parental leave was requested prior to the commencement of their pregnancy leavedelivery. (c) If an Employee commences pregnancy leave prior to A pregnant employee shall inform the completion Employer in writing of their probationary periodplans for taking Pregnancy Leave at least two (2) weeks in advance of the anticipated date of commencement of their Pregnancy Leave, unless the employee stops working because of complications caused by their pregnancy or because of a birth, still birth or miscarriage that happens earlier than the employee expected to give birth, in which case, the remaining portion employee shall notify the Employer of the probationary period will commence once the Employee returns from such date of commencement of their leave. (d) An Employee A pregnant employee who has received any advisory notice not commenced Pregnancy Leave may elect to use earned vacation credits up to and beyond the date their pregnancy terminates. (e) A pregnant employee who has provided not commenced Pregnancy Leave may also use their supervisor with sick leave credits up to and beyond the date that their pregnancy terminates, subject to the provisions of the Sick Leave Article. For purposes of this clause, illness or injury as defined in the Sick Leave Article shall include medical disability related to pregnancy. The employee shall provide a certificate from a legally qualified medical practitioner, including a midwife stating that they are pregnant, as specified in Article 24.03, certificate. Where an employee has or will have the advisory notice period suspended during their pregnancy leave actual care and during custody of a new-born child (including the parental leavenew-born child of a common-law partner or same sex partner), provided the employee shall upon request, be granted Parental Leave without pay, OR Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave was requested prior to the commencement of their pregnancy leave. Upon their return to workwithout pay, the Employee will work the remainder of the advisory notice period at their former position, if it exists, or alternate duties, or a comparable position.for either: (ai) An Employee shall give their supervisor at least four A single period of up to thirty-seven (437) weeks' noticeconsecutive weeks in the fifty-two (52) week period (standard option), in writing, of the day on which they intend to commence their pregnancy leave, and the intended duration of such leave.OR (bii) An Employee who wishes A single period of up to immediately follow pregnancy leave with parental leave shallsixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option), whenever possible, request such leave, in writing or electronically, prior to the commencement of the pregnancy leave. 24.04 The Employer shall make every effort to accommodate a pregnant Employee to perform the essential duties of their position. A pregnant Employee experiencing difficulty performing the essential duties of their position may: 24.05 No Employee shall be required to return to work following pregnancy leave earlier than sixOR

Appears in 1 contract

Samples: Collective Bargaining Agreement

Pregnancy, Parental and Adoption Leave. (a) An Employee who employee is pregnant shall be entitled, upon their application, entitled to Pregnancy Leave without pay for a leave of absence of seventeen (17) weeks, or such shorter leave as they may request, commencing at any time during the seventeen (17) weeks immediately preceding the estimated birth date or on the date of birth, if earlier. (b) Pregnancy leave", as used throughout this article, is understood to mean the period of seventeen (17) weeks referred beginning no earlier than seventeen (17) weeks before the expected date of delivery. The Employer shall not deny a pregnant employee the right to continue employment during the period of pregnancy, except as provided in Article 24.01(a) above. (a) An Employee who is entitled to, or has applied for, pregnancy leave cannot be terminated or laid off, disciplined or suspended as a result of requesting or having taken such leavethis Collective Agreement. (b) An Employee shall not receive notice The Employer may require the employee to submit a medical certificate setting out the expected date of job closure during their pregnancy leave or during their parental leave if the parental leave was requested prior to the commencement of their pregnancy leavedelivery. (c) If an Employee commences An employee shall inform the Employer in writing of her plans for taking Pregnancy Leave at least four (4) weeks in advance of the anticipated date of commencement of her Pregnancy Leave, unless the employee stops working because of complications caused by her pregnancy leave prior or because of a birth, still birth or miscarriage that happens earlier than the employee expected to the completion of their probationary periodgive birth, in which case, the remaining portion employee shall notify the Employer of the probationary period will commence once the Employee returns from such date of commencement of her leave. (d) An Employee employee who has received any advisory notice not commenced Pregnancy Leave may elect to use earned vacation credits up to and who has provided their supervisor with a certificate from a legally qualified medical practitioner, including a midwife stating that they are pregnant, as specified in Article 24.03, will have beyond the advisory notice period suspended during their date her pregnancy leave and during the parental leave, provided the parental leave was requested prior to the commencement of their pregnancy leave. Upon their return to work, the Employee will work the remainder of the advisory notice period at their former position, if it exists, or alternate duties, or a comparable positionterminates. (ae) An Employee employee who has not commenced Pregnancy Leave may also use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions of the Sick Leave Article. For purposes of this clause, illness or injury as defined in the Sick Leave Article shall give their supervisor include medical disability related to pregnancy. The employee may be asked to provide a medical certificate. (f) An employee, other than an employee eligible for Pregnancy Leave, who becomes a parent through the birth of a child or children or adoption of a child or children in the care of the employee for the purpose of adoption, is entitled to Parental Leave without pay for a period of up to thirty-seven (37) weeks, upon giving at least four (4) weeks' notice’ notice in writing (unless there is a valid reason why such notice cannot be given) to the Employer on the date of commencement of the leave and duration of the leave. An employee who takes Pregnancy Leave may also take Parental leave, in writingwithout pay, for a period of up to thirty-five (35) weeks immediately following the expiry of her pregnancy leave. (g) Parental Leave for parents other than those eligible for Pregnancy Leave, must be taken during the period commencing on the day of the birth of the newborn child of the employee or the day on which the child arrives at the employee's home for the purposes of adoption, as the case may be, and ending one year after that day. (h) During Pregnancy or Parental Leave, an employee's benefits will be continued, unless the Employer receives written notice to suspend such benefits. The employee and the Employer shall each pay their portion of such benefit premium payments. The employee shall provide post-dated cheques for the employee's share of the premium cost of such benefits should they intend wish to commence their pregnancy continue the benefits. The Employer shall withhold its RRSP contributions to be made for the employee for the period of the leave of absence, based on the Employer's average contribution calculated in the last sixteen (16) weeks prior to the leave. The RRSP contributions shall be made to the employee, retroactively, for the duration of leave, and should the intended duration employee return to work, from the leave, for a period of not less than six (6) months of continuous service. (i) During a period of Pregnancy or Parental Leave the employee shall continue to accumulate seniority. (j) When an employee returns to work upon the expiry of Pregnancy or Parental Leave, he/she will resume work in the position held immediately before the leave began or, where that position is not available, in a comparable position with not less than the same rate of pay the employee earned prior to the leave(s). Where an employee becomes eligible for a pay increment or an increase in pay during the leave period, on return to work, the employee's rate will be adjusted accordingly. (k) On written request of the employee at least four (4) weeks in advance of the termination of the leave, the Employer shall grant an extension of up to two (2) months’ leave without pay. During a period of such leave, the employee is entitled to maintain the welfare benefit plans, provided that the employee pays the total cost of such benefits premium payments, subject to Agreement of the carrier. (bl) An Employee who wishes When an employee returns to work upon the expiry of extended Parental Leave, he/she will resume work in the position held immediately follow pregnancy before the leave with parental leave shallbegan or, whenever possible, request such leavewhere that position is not available, in writing a comparable position with not less than the same wages and benefits, and with no loss of seniority or electronically, prior benefits accrued to the commencement of the pregnancy extended parental leave. Seniority shall not accumulate during a period of parental leave in excess of that provided by the Employment Standards Act. 24.04 The Employer shall make every effort to accommodate a pregnant Employee to perform the essential duties of their position. A pregnant Employee experiencing difficulty performing the essential duties of their position may: 24.05 No Employee shall be required to return to work following pregnancy leave earlier than six

Appears in 1 contract

Samples: Collective Agreement

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