Common use of Seniority Rights and Benefit Entitlements Clause in Contracts

Seniority Rights and Benefit Entitlements. (a) an employee while on such maternity, parental, or adoption leave shall continue to accrue seniority. (b) In accordance with the Employment Standards Act, the services of an employee who is absent from work in accordance with this Article shall be deemed continuous for the purposes of calculating annual vacation entitlements and all health and welfare plans beneficial to the employee, and the Employer shall continue to make payments to the plans in the same manner as if the employee were not absent where: (1) the Employer pays the total cost of the plan, or (2) the employee elects to continue to pay her share of the cost of a plan that is paid for jointly by the Employer and the employee. If an employee fails to return to work, the Employer will be reimbursed for monies paid under this section. Vacation entitlement earned but not taken prior to the leave, and vacation entitlement earned during the leave, pursuant to this clause may only be carried over by mutual agreement to the following calendar year. Payment for vacation in any calendar year shall be calculated at the appropriate percentage (based on years of service) of the actual salary earned during that calendar year. (c) The employee shall be deemed to have resigned on the date upon which leave of absence without pay commenced if an application for re-employment is not made prior to the expiration of the leave.

Seniority Rights and Benefit Entitlements. (a) an employee while on such maternity, parental, or adoption leave shall continue to accrue seniority. (b) In accordance with the Employment Standards Act, the services of an employee who is absent from work in accordance with this Article shall be deemed continuous for the purposes of calculating annual vacation entitlements and all health and welfare plans beneficial to the employee, and the Employer shall continue to make payments to the plans in the same manner as if the employee were not absent where: (1) the Employer pays the total cost of the plan, or (2) the employee elects to continue to pay her their share of the cost of a plan that is paid for jointly by the Employer and the employee. If an employee fails to return to work, the Employer will be reimbursed for monies paid under this section. Vacation entitlement earned but not taken prior to the leave, and vacation entitlement earned during the leave, pursuant to this clause may only be carried over by mutual agreement to the following calendar year. Payment for vacation in any calendar year shall be calculated at the appropriate percentage (based on years of service) of the actual salary earned during that calendar year. (c) The employee shall be deemed to have resigned on the date upon which leave of absence without pay commenced if an application for re-employment is not made prior to the expiration of the leave.