Policy 9c - Maternity Leave and Parental Leave

Approved Board of Governors 2012.2

MATERNITY LEAVE AND PARENTAL LEAVE

PRINCIPLE

1. The University wishes to ensure that non-unionized, regular, administrative employees applying for a maternity or parental leave are treated appropriately.

OBJECTIVES

2. In accordance with the above principle, the University has set the following objectives:
(a) To retain competent employees by offering a salary and benefit continuance program.
(b) To ensure compliance with current laws, namely the Employment Standards Act, the Employment Insurance Act and the Human Rights Code, and anti-discrimination standards.
(c) To inform employees about maternity and parental leaves.

DEFINITIONS

3.(a) Maternity leave: leave granted to a University employee who gives birth.

3.(b) Parental leave: leave granted to an employee of the University for caring for a young child following birth, for adopting a child, or when the employee obtains permanent custody of a child for the first time.

A. MATERNITY LEAVE

ELIGIBILITY

4. A non-unionized administrative employee who was hired at least thirteen weeks prior to the expected date of delivery is entitled to a maternity leave, during which time her position or an equivalent position must be kept for her.

DURATION

5. A maternity leave normally lasts seventeen consecutive weeks, beginning no earlier than seventeen weeks prior to the expected date of delivery and no later than the expected date of delivery. A maternity leave may not end before the sixth week following the date of delivery.

6. The employee must submit a notice in writing at least two weeks before the leave start date, unless the attending physician states that the leave must start within two weeks. The University reserves the right to require a medical certificate confirming the pregnancy and expected date of delivery.

7. When the delivery occurs later than expected, the post-natal leave must be at least six weeks.

8. The employee may shorten her approved maternity leave by giving the University written notice at least two weeks in advance. However, the employee must comply with the minimum period referred to in section 7.

LIMITATIONS

9. If the employee cannot perform the functions of her position during the pregnancy, the University will endeavour to offer accommodation. Whenever a reasonable accommodation cannot be provided, the employee who qualifies may take sick leave during a part of her pregnancy, as stipulated in the University’s sick leave policy.

10. An employee who, in her application for maternity leave explicitly states her intention to return to work may still be required by the University to make a written statement to that effect.

BENEFITS

11. An employee on maternity leave may continue to participate in the University’s benefits plans by continuing to pay the employee contribution. In such cases, the University will continue to pay the employer contribution.

12. Employees on maternity leave continue to accumulate years of service as if they were at work and they continue to accrue annual leave.

B. PARENTAL LEAVE

ELIGIBILITY

13. A non-unionized administrative employee who has completed thirteen weeks of continuous service is entitled to a parental leave, during which time the employee’s position or its equivalent must be kept for the employee.

DURATION

14. The birth mother on a maternity leave is eligible for a parental leave of 35 uninterrupted weeks at most. All other parents may take up to 37 uninterrupted weeks of parental leave. A parental leave must begin within the fifty-two weeks following the child’s birth date or the date on which the parent assumes the child’s care for the first time.

15. The parental leave taken by an employee on maternity leave begins at the end of the maternity leave, unless the child is not yet in the employee’s care, in which case the mother may return to work and start her parental leave when her baby is discharged from the hospital.

16. An employee applying for a parental leave must submit a notice in writing at least two weeks before the anticipated leave start date.

17. An employee may shorten a parental leave by giving the University written notice at least four weeks in advance.

BENEFITS

18. An employee on parental leave may continue to participate in the University’s benefits plans by continuing to pay the employee contribution. In such cases, the University will continue to pay the employer contribution.

19. Employees on parental leave continue to accumulate years of service as if they were at work and they continue to accrue annual leave.

C. SUPPLEMENTAL INCOME

20. A non-unionized administrative employee who is eligible for a maternity leave and who has held a regular position at the University for at least twelve uninterrupted months shall receive the employment insurance benefits or Québec Parental Insurance Plan benefits for which the employee is eligible and the University shall make up the difference between those benefits and up to 95% of the employee’s regular salary for 17 weeks. The employment insurance benefits and the supplemental income may not begin more than ten weeks prior to the expected date of delivery.

21. A non-unionized administrative employee who is eligible for a parental leave and who has held a regular position at the University for at least twelve uninterrupted months shall receive the employment insurance benefits or Québec Parental Insurance Plan benefits for which the employee is eligible and the University shall make up the difference between those benefits and up to 95% of the employee’s regular salary for six weeks.

The employment insurance benefits or the Québec Parental Insurance Plan benefits and the supplemental income shall end at the latest 52 weeks after the date of delivery.

The employee has the option of taking a shorter parental leave, but must take it in its entirety, without interruption. The employee may not interrupt a parental leave, return to work and then take the remainder of the leave.

A parental leave obtained after taking permanent custody of a child for the first time does not create eligibility for the employment insurance benefits or supplemental income.

CONDITIONS

22. (a) Supplemental income is not considered income for the calculation of employment insurance premiums but is subject to the source deductions imposed by the Employment Insurance Act.

(b) The employee and the University shall continue to pay their usual respective contributions to the benefits plans even if only 95% of the regular salary is being paid to the employee.

(c) If the University determines that any or all of the supplemental income should not have been paid, the surplus paid shall be withheld from subsequent supplemental income payments or from any other amount payable by the University.

(d) The 95-percent salary ceiling for an employee on maternity or parental leave applies equally if there is a salary increase occurring during the leave.

(e) Any amount that must be reimbursed to comply with the taxation limits set out in the Employment Insurance Act will be at the employee’s expense.

RESTRICTIONS

23. Supplemental income is not payable in the following situations:
(a) The employee received a termination of employment notice before advising the University of a pregnancy or adoption.
(b) The employee submitted a notice of resignation before advising the University of a pregnancy or adoption.
(c) The employee was suspended for disciplinary reasons before advising the University of a pregnancy or adoption.
(d) The employee is participating in a strike or work stoppage.

D. SUPPLEMENTAL LEAVES

24. Following a maternity or parental leave, a University employee may request a one-year additional leave without pay but with position security.

25. Approval for a one-year leave without pay but with position security is given by the faculty or service in question, with a commitment to keep the employee’s position available until the employee returns at the end of the leave.

26. Alternatively, following a maternity or parental leave an employee may request a two-year additional leave without pay and without position security. This leave is automatically approved by the faculty or service in question.

27. An employee who wishes to return to work after a two-year leave qualifies, for three months, as an internal candidate on the same footing as a non-unionized regular employee and may apply for another position. If unable to obtain another position within this time period, this person’s employment at the University automatically terminates.

28. An employee on a maternity or parental leave who wishes to take an additional leave must choose between the privilege of a one-year leave without pay but with position security and the right to take a two-year leave without pay and without position security. This choice must be made in writing at least two weeks before the end of the maternity or parental leave.

29. The two-year leave without pay may be taken by the father or the mother if both work at the University.

INTERPRETATION

30. Policy interpretation is the responsibility of the Associate Vice-President, Human Resources. Policy application is the responsibility of the direction of the faculties and services in question, acting jointly with the Director, HR Shared Services.

FIELD OF APPLICATION

31. This policy applies to employees and situations not governed by the provisions of a collective agreement.

EXCEPTION

32. No exception may be made to this policy without the written consent of the Vice-President, Resources.

Revised: February 21, 2012

(Human Resources)

Back to top