Maternity Leave (a) An employee who qualifies for Maternity Leave may apply for such leave in accordance with either Plan “A” or Plan “B” but not both.
(b) A full-time employee returning to work from a maternity leave may request the option of returning to work on a part-time basis. Such a request must be in writing and submitted to the Department Manager ninety (90) days prior to her return. A response to the request will be issued in writing within thirty (30) days of receiving the request and shall not unreasonably be denied.
36:02 In order to qualify for Plan “A”, a pregnant employee must:
(a) have completed six (6) continuous months of employment with the Employer;
(b) submit to the Employer an application in writing for leave under Plan “A” at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave; and
(c) provide the Employer with a certificate of a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery.
36:03 An employee who qualifies is entitled to and shall be granted Maternity Leave without pay consisting of:
(a) a period not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate mentioned in 36:02 (c); or
(b) a period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in 36:02 (c), and the actual date of delivery, if delivery occurs after the date mentioned in the certificate;
(c) the Employer may vary the length of maternity leave upon proper certification by the attending physician.
(a) An employee who has been granted Maternity Leave shall be permitted to apply up to a maximum of ten (10) days of her accumulated sick leave against the Employment Insurance waiting period.
(b) Should the employee not return to work following her Maternity Leave for a period of employment sufficient to allow for re-accumulation of the number of sick days granted under 36:04 (a), the employee shall compensate the Employer for the balance of the outstanding days at the time of termination. Approved sick leave with pay granted during the period of return shall be counted as days worked.
36:05 Effective the latter of:
(a) the bi-weekly pay period following the date of signing; or
(b) the date a Supplementary Unemployment Benefit Plan (SUB) is approved for implementation by Service Canada and limited to Maternity Leaves commencing on or after that date, the provisions of Plan “B” will come into effect.
36:06 In order to qualify for Plan “B”, a pregnant employee must:
(a) have completed six (6) continuous months of employment for or with the Employer;
(b) submit to the Employer an application in writing, for leave under Plan “B” at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave;
(c) provide the Employer with a certificate of a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery.
(d) provide the Employer with proof that she has applied for Employment Insurance benefits and that Service Canada has agreed that the employee has qualified for and is entitled to such Employment Insurance benefits pursuant to Section 22, Employment Insurance Act.
36:07 An applicant for Maternity Leave under Plan “B” must sign an agreement with the Employer that:
(a) she will return to work and remain in the employ of the Employer on a full-time basis for at least six (6) months following her return to work, and
(b) if she does not take Parental Leave as provided in Article 37, she will return to work on the date of the expiry of her Maternity Leave; and
(c) if she does take Parental Leave as provided in Article 37, she will return to work on the date of the expiry of her Parental Leave; and
(d) should she fail to return to work as provided above, she is indebted to the Employer for the full amount of pay received from the Employer as a maternity allowance during her entire period of Maternity Leave.
36:08 During the period of Maternity Leave, an employee who qualifies is entitled to a Maternity Leave allowance in accordance with SUB plan as follows:
(a) for the first two (2) weeks, an employee shall receive ninety three percent (93%) of her weekly rate of pay;
(b) for up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the Employment Insurance benefits, the employee is eligible to receive ninety-three percent (93%) of her weekly rate of pay;
(c) all other time as may be provided under 37:09, shall be on a leave without pay basis.
36:09 During the period of Maternity Leave, benefits will not accrue; however selected health and welfare benefits will continue, and the period of Maternity Leave will count as service towards eligibility for long service vacation.
36:10 Where an employee’s anniversary date falls during the period of Maternity Leave under Plan “A” or “B” the employee shall be eligible to receive a merit increase effective the date upon which she returns to her position of employment.
