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.
Permission to Leave Work The Employer agrees that stewards shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties, while investigating disputes and presenting adjustments as provided in this Article. The Union recognizes that each xxxxxxx is employed by the Employer and that they will not leave their work during working hours except to perform their duties under this Agreement. Therefore, no xxxxxxx shall leave their work without permission of their supervisor, which will not be unreasonably withheld.
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.
Return to Work (a) The parties recognize the duty of reasonable accommodation for individuals under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit the Employer and the Union to discharge that duty. To that end, the Home and the Union agree to cooperate in complying with the Ontario Human Rights Code.
(b) The Home and the Union agree to ongoing and timely communication by all participants. For the purposes of expediting communication the Home and the Union agree that participants will use electronic communication where available.
(c) If an employee becomes disabled, including WSIB, with the result that she is unable to perform the regular functions of her position, the Employer may determine a special classification and salary, with the hope of providing an opportunity for continued employment. Positions established under this article will not constitute new classifications and shall lapse upon the termination, resignation, or retirement of the employee in question.
(d) Prior to any disabled employee returning to work from a disability including WSIB to a modified/light/alternate work program, the Employer will notify and meet with members of the bargaining unit executive to consult on a back to work program for the worker. Any agreement resulting from these discussions which conflicts with the collective agreement shall, subject to agreement by the Union, prevail over any provision of this agreement in the event of a conflict. Nothing in this language obligates the Employer to establish a modified/ light/alternative work program, except as required by law.
Modified Work/Return to Work (a) The normal retirement age is sixty-five (65) years of age. The Employer may continue to employ an employee beyond retirement age, if the Employer determines that the employee can satisfactorily perform the requirements of her classification. (Effective December 12, 2006, the parties agree this sub- section no longer applies).
(b) The parties recognize the duty of reasonable accommodation for individuals under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit the Employer and the Union to discharge that duty.
(c) If an employee becomes disabled, including WSIB, with the result that she is unable to perform the regular functions of her position, the Employer may determine a special classification and salary, with the hope of providing an opportunity for continued employment. Positions established under this article will not constitute new classifications and shall lapse upon the termination, resignation, or retirement of the employee in question.
(d) Prior to any disabled employee returning to work from a disability including WSIB to a modified/light/alternate work program, the Employer will notify and meet with members of the bargaining unit executive to consult on a back to work program for the worker. Any agreement resulting from these discussions which conflicts with the collective agreement shall, subject to agreement by the Union, prevail over any provision of this agreement in the event of a conflict. Nothing in this language obligates the Employer to establish a modified/light/ alternative work program, except as required by law.
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.
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.
Graduated Return to Work Where an Employee is not receiving benefits from another source and is working less than his/her regular working hours in the course of a graduated return-to-work as the Employee recovers from an illness or injury, the Employee may use any unused sick/short term disability allocation remaining, if any, for the portion of the day where the Employee is unable to work due to illness or injury. A partial sick/short term leave day will be deducted for an absence of a partial day in the same proportion as the duration of the absence is to an employee’s regular hours. Where an employee returns on a graduated return to work from a WSIB/LTD claim, and is working less than his/her regular hours, WSIB and LTD will be used to top up the employee’s wages, as approved and if applicable. Where an employee returns on a graduated return to work from an illness which commenced in the previous fiscal year, • and is not receiving benefits from another source; • and is working less than his/her regular hours of work; • and has sick leave days and/or short-term disability days remaining from the previous year The employee can access those remaining days to top up their wages proportional to the hours not worked. Where an employee returns on a graduated return to work from an illness which commenced in the previous fiscal year, • and is not receiving benefits from another source, • and is working less than his/her regular hours of work, • and has no sick leave days and/ or short-term disability days remaining from the previous year, the employee will receive 11 days of sick leave paid at 100% of the new reduced working hours. When the employee’s hours of work increase during the graduated return to work, the employee’s sick leave will be adjusted in accordance with the new schedule. In accordance with paragraph c), the Employee will also be allocated one hundred and twenty (120) short-term disability days payable at ninety percent (90%) of regular salary proportional to the hours scheduled to work under the graduated return to work. The new pro-rated sick/short-term leave allocation may not be used to top-up from part-time to full-time hours.
