Special maternity leave (a) 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.
(b) Where an employee is suffering from an illness not related to 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.
(c) 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.
Paid Maternity Leave Upon written request to the Chair/Xxxx/Director indicating the expected date of delivery, a female employee shall be entitled to paid maternity leave of up to seventeen thirty-fifths of the period of her Appointment Contract(s). Requests for Maternity Leave will be made as soon as practicable, and normally no later than one month before the intended start-date of the leave.
Maternity/Paternity Leave Solely for purposes of determining whether the Employee incurs a Break in Service under any provision of this Plan, the Advisory Committee must credit Hours of Service during an Employee's unpaid absence period due to maternity or paternity leave. The Advisory Committee considers an Employee on maternity or paternity leave if the Employee's absence is due to the Employee's pregnancy, the birth of the Employee's child, the placement with the Employee of an adopted child, or the care of the Employee's child immediately following the child's birth or placement. The Advisory Committee credits Hours of Service under this paragraph on the basis of the number of Hours of Service the Employee would receive if he were paid during the absence period or, if the Advisory Committee cannot determine the number of Hours of Service the Employee would receive, on the basis of 8 hours per day during the absence period. The Advisory Committee will credit only the number (not exceeding 501) of Hours of Service necessary to prevent an Employee's Break in Service. The Advisory Committee credits all Hours of Service described in this paragraph to the computation period in which the absence period begins or, if the Employee does not need these Hours of Service to prevent a Break in Service in the computation period in which his absence period begins, the Advisory Committee credits these Hours of Service to the immediately following computation period.
Special Maternity Allowance for Totally Disabled Employees (a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 17.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits, and
(ii) has satisfied all of the other eligibility criteria specified in paragraph 17.02(a), other than those specified in sections (A) and (B) of subparagraph 17.02(a)(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause 17.02 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance or Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons described in subparagraph (a)(i).
Maternity and Paternity Leave It is understood that maternity leave for female employees shall be granted with no loss of seniority for such period of time as her their doctor shall determine that she is they are physically or mentally unable to return to her their normal duties and maternity leave must comply with applicable state and federal laws. The Employer shall provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. A reasonable break time for an employee to express breast milk for such employee’s nursing child shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break. A light duty request, certified in writing by a physician, shall be granted in compliance with state or federal laws, if applicable. Light duty requests shall also be made through the Employer’s “Light Duty for Pregnant Workers” program. Paternity leave shall be granted in accordance with Section 6 of this Article with the exception of employees not able to meet the qualifications set out in Section 6, who shall be granted leave not to ex-ceed one (1) week. Notwithstanding any provision to the contrary in any Supplement, Rider, or Addenda, an employee shall be allowed to designate in any vacation year paid time off up to twenty (20) days, to be used in the next vacation year, in accordance with this paragraph. Any paid time off that is provided on a weekly basis can only be banked in weekly increments. The accrued paid time off may be used in the next vacation year to cover any period of time that (1) the employee is determined to be unable to perform her their job due to pregnancy (for the father, time off is requested due to the birth) and (2) is not covered by the FMLA, existing disability plans or other paid time off. If the accrued time off is not used in that year, it will be paid to the employee within two (2) weeks of the request. If the vacation is not used as part of the leave, and it would have originally been taken in that vacation year, the employee shall also have the option of rescheduling the unused vacation as time off in accordance with local practice.
Maternity Leave (i) The Employee who intends to take maternity leave shall provide their Manager/Chair and Human Resources at least six (6) weeks' notice in writing of the expected date of delivery of the child, specifying the proposed duration of leave.
(ii) The maternity leave may commence up to twelve (12) weeks immediately before the estimated date of delivery.
(iii) An Employee taking maternity leave shall be eligible to receive benefits in accordance with the University’s Supplementary Unemployment Benefit (SUB) Plan. The SUB Plan supplements Employment Insurance (EI) benefits during the maternity leave.
(iv) The parties acknowledge that subject to the requirements of Employment and Social Development Canada, the Supplemental Employment Insurance Benefit Plan (“SUB” plan) shall remain in effect for the duration of this Agreement.
(v) In order to be eligible to receive benefits under the University’s SUB Plan, an Employee must: - be eligible for a maternity leave in accordance with statement in 23.1 above; - commence maternity leave prior to or on the date of delivery; - apply for and be eligible for Employment Insurance benefits.
(vi) The period of eligibility for the SUB Plan is seventeen (17) weeks.
a. The SUB Plan provides: - ninety-five (95) percent of the Employee’s regular salary during the waiting period; and - the calculation will be based on an Employee taking a twelve (12) month leave.
b. Changes made to the maternity leave program by Service Canada will be reflected in the University’s Maternity Leave Policy.
c. The total amount of the SUB plan payments will be divided evenly over the pay periods during the 17 week period.
(vii) An Employee who commences maternity leave may continue all benefits they are enrolled in prior to the leave subject to the provisions of the Carrier during her maternity leave. The payment of benefit premiums shall be shared between the Board and Employee as per Article 27.1(c), Article 27.1(d), and Article 27.1(e).
(viii) An Employee granted leave without pay for maternity reasons pursuant to the statement in 23.1 shall be returned to the Employee’s former position or be placed in a comparable position for which the Employee is qualified provided that the Employee indicates intention to return to work by notifying the University four (4) weeks before the intended date of return.
(ix) Service with the University continues to accrue for the duration of the maternity leave, up to a maximum of one (1) year, for the purposes of vacation entitlement and Employee award only. Employees do not accrue actual vacation hours while on maternity leave from the University.
Maternity/Paternity/Adoption Leave An Employee who is expecting the birth or adoption of a child shall be entitled to maternity/paternity/adoption leave without pay, provided she presents a medical certificate confirming the probable date of confinement, or in the case of adoption, gives the Employer notice of eligibility. Except in extenuating circumstances, the notice shall be submitted in writing at least twenty-eight (28) days in advance of the leave and shall specify the probable date of commencement and the anticipated length of leave. The following conditions shall apply:
(a) Leave of Absence for maternity/paternity/adoption shall be for up to eighteen (18) months as requested by the Employee, except in extenuating circumstances when, in the opinion of a medical practitioner, the leave should be further extended.
(b) Upon return from such leave, the Employee will resume employment at the same worksite, in the same or in a comparable position prior to the granting of such leave. In the event the Employee on Maternity/Paternity/Adoption Leave is affected by lay off, she shall be afforded access to the provisions of Article 26, Layoff And Work Resumption.
(c) Notice of intention to return to work or request for a change of the length of the leave of absence, must be forwarded to the Employer twenty-eight (28) days prior to the expiration of the leave. The Employee shall be entitled to one (1) extension of said leave. However, the entire length of such leave of absence shall not exceed eighteen (18) months.
(d) An Employee shall have access to sick leave credits as per Article 12.07.
(e) Accrual of seniority when on such leave is calculated as follows:
(i) For full-time Employees, seniority shall accrue as if they were working.
(ii) For other than full-time Employees who have worked for one (1) year or more: 52 Week of Leave
(iii) For other than full-time Employees who have worked for less than one (1) year:
(f) Supplemental Employment Insurance Maternity/Paternity/Adoption Supplemental Employment Benefit (SEB) The Employer will implement a Supplemental Employment Benefits Plan. Employees will receive the Supplementary Employment Benefits if they meet eligibility requirements. Maternity/Paternity/Adoption Supplemental Employment Benefit (SEB) shall apply to all Employees.
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 Allowance
(a) An employee who qualifies for maternity leave pursuant to Clause 21.1, shall be paid a maternity leave allowance in accordance with the Supplemental Employment Benefit (SEB) Plan. In order to receive this allowance, the employee must provide to the Employer, proof that she has applied for and is eligible to receive employment insurance benefits pursuant to the Employment Insurance Act. An employee disentitled or disqualified from receiving employment insurance benefits is not eligible for maternity leave allowance.
(b) Pursuant to the Supplemental Employment Benefit (SEB) Plan, the maternity leave allowance will consist of 15 weekly payments equivalent to the difference between the employment insurance gross benefits and any other earnings received by the employee and 85% of the employee's basic pay.
Maternity Allowance (a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:
(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
(ii) provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
(iii) has signed an agreement with the Employer stating that:
(A) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
(B) following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of maternity allowance;
(C) should she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for the full amount of the maternity allowance she has received. Should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the 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 (B)] however, an employee whose specified period of employment expired and who is rehired by OSFI within a period of thirty (30) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period,
(ii) for each week that the employee receives a maternity benefit under the Employment Insurance or Québec Parental Insurance plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 17.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance maternity benefits.
(e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,
(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.
(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
