Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal. (b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan. (c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins: i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins. (d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date. (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. (f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e). (g) A request for leave must: i) be given in writing to the Employer, ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f). (h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 8 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Maternity Leave. (i) An employee who becomes pregnant shall notify the Employer at least fifteen (15) weeks prior to the expected date of the termination of her pregnancy and, subject to section (ii) of this Clause, shall, eleven (11) weeks before the expected date of the termination of her pregnancy be granted leave without pay for a period ending not later than twenty-six (26) weeks after the date of the termination of her pregnancy.
(ii) The Employer may:
(a) Maternity upon written request from the employee, defer the commencement of maternity leave shall not constitute cause for dismissal.without pay of an employee or terminate it earlier than twenty-six (26) weeks after the date of the termination of her pregnancy;
(b) Medical complications grant maternity leave without pay to an employee to commence earlier than eleven (11) weeks before the expected termination of her pregnancy;
(c) where maternity leave without pay is requested, including complications during require an unpaid leave employee to submit a medical certificate certifying pregnancy.
(iii) Leave granted under this Clause shall be counted for the calculation of absence “continuous service” for maternity reasons preceding the period stated by purpose of calculating severance pay.
(i) After completion of six (6) months continuous service, an employee who provides the Employer with proof that she has applied for and is receiving employment insurance benefits pursuant to Section 22, Employment Insurance Act, shall be covered by sick paid a maternity leave credits providing allowance in accordance with the Supplementary Unemployment Benefit Plan.
(ii) An applicant under this provision shall sign an agreement with the Employer providing:
(a) that she will return to work and remain in the Employer’s employ for a period of at least six (6) months after her return to work;
(b) that she will return to work on the date of the expiry of her maternity leave, unless this date is modified with the Employer’s consent.
(iii) Should the employee fail to return to work as per the provisions of this provision the employee recognizes that she is not in receipt of indebted to the Employer for the amount received as maternity benefits under the Employment Insurance Act or any wage loss replacement planleave allowance.
(c) A pregnant employee who requests In respect of the period of maternity leave is entitled leave, payments made according to the Supplementary Unemployment Benefit Plan will consist of the following:
(i) For the first two (2) weeks, payments equivalent to 93% of her weekly rate of pay. For up to 17 consecutive weeks a maximum of unpaid leavean additional 15 weeks, which must be taken during payments equivalent to the period that begins:
i) no earlier than 13 weeks before difference between the expected birth date, employment insurance benefits she is eligible to receive and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins93% of her weekly rate of pay.
(dii) An employee who requests leave after giving birth (a) for a full-time employee, the weekly rate of pay referred to a child in this provision shall be the weekly rate of pay to which she is entitled to up to 17 consecutive weeks for the classification prescribed in her certificate of unpaid leave, which must be taken during the period that begins appointment on the date day immediately preceding the commencement of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid maternity leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.;
Appears in 6 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) i. no earlier than 13 weeks before the expected birth date, and and
ii) . no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) i. be given in writing to the Employer,
ii) . if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) . if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Maternity Leave. A pregnant employee shall qualify for maternity leave:
(a) Maternity Upon written request at least four weeks in advance of the leave shall the employee will be granted leave of absence without pay for a period of not constitute cause for dismissalmore than 12 months. The request must be accompanied by a doctor's note indicating the expected date of birth.
(b) Medical complications The period of pregnancy, including complications during an unpaid maternity leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, without pay shall be covered by sick leave credits providing from 11 weeks before the employee is not in receipt expected date of maternity benefits under termination of the Employment Insurance Act or any wage loss replacement planpregnancy.
(c) A pregnant employee who requests The Employer shall, with the agreement of the employee, defer the commencement of maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the for any period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsapproved in writing by a qualified medical practitioner.
(d) An Where an employee who requests is at work becomes ill or injured following the commencement of the 11 week period in (b) above, such illness or injury shall be covered by application of the sick leave after giving provision as follows:
(1) where the illness or injury is not directly related to the condition of pregnancy, sick leave coverage may extend to the scheduled date of commencement of maternity leave or birth of the baby, whichever occurs first;
(2) where the illness is caused through an abnormal condition or pregnancy, as determined in writing by a qualified medical practitioner, and the employee returned to a child is entitled to up to 17 consecutive weeks work before the scheduled commencement date of unpaid maternity leave, which must be taken during the period that begins on of absence will be covered by the date provisions of the birth Clauses 26.1(a) and ends no later than 17 weeks after that date(b).
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid On return from maternity leave, which must an employee shall be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateplaced in her former position.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks The Employer shall maintain coverage for medical, extended health, dental, group life, short and long-term disability, and shall pay the Employer's share of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)these premiums.
(g) A request Notwithstanding Clauses 20.1 and 20.2, vacation entitlements and vacation pay shall continue to accrue while an employee is on maternity leave for the first six months of maternity leave must:
i) providing the employee returns to work for a period of not less than six months. Vacation earned pursuant to this clause may be given in writing carried over to the Employer,
ii) if the request is made during the pregnancyfollowing year, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)notwithstanding Clause 20.9.
(h) If Where the original application for maternity leave is for a period of less than 12 months, it can be extended for an additional period so the combined leaves do not exceed 12 months. Such an extension must be for health reasons and will be without pay. A doctor's certificate is required. Benefit provisions under Clause 26.1(f) shall apply.
(i) Maternity leave for employees in their initial probation period shall be in accordance with the
(j) Six weeks prior to the expiration date of the maternity leave, the employee on leave under subsection (c) or (d) proposes to must notify the University in writing of the date of return to work earlier than 6 weeks after giving birth to the childwork. If no notification is given, the Employer may require employee shall be deemed to have abandoned the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workposition.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Maternity Leave. (a) Maternity An employee will provide to the employer at least ten weeks in advance of the expected date of confinement:
(i) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; and
(ii) written notification of the date on which she proposes to commence maternity leave, and the period of leave shall not constitute cause for dismissalto be taken.
(b) Medical complications Subject to subclause (c) and unless agreed otherwise between employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planbirth.
(c) A pregnant Where an employee who requests maternity leave is entitled continues to up work within the six week period immediately prior to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth datedate of birth, and ii) no later than or where the actual birth date and ends no later than 17 employee elects to return to work within six weeks after the leave beginsbirth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
(d) An Where the pregnancy of an employee who requests terminates after 27 weeks and the employee has not commenced maternity leave, the employee may take unpaid leave after giving birth (to be known as special maternity leave) for such period as a child registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the delivery, an employee shall be entitled to up access paid sick leave to 17 consecutive weeks of unpaid which she is entitled, in lieu of, or in addition to, special maternity leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests Where leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leavegranted under subclause (3)(d), which must be taken during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that begins on time does not exceed four weeks from the recommencement date of desired by the termination of the pregnancy and ends no later than 6 weeks after that dateemployee.
(f) An Where the pregnancy of an employee who requests then on maternity leave is entitled terminates other than by the birth of a living child, it shall be the right of the employee to up to 6 additional consecutive resume work at a time nominated by the employer which shall not exceed four weeks from the date of unpaid leave if, for reasons related notice in writing by the employee to the birth or the termination of the pregnancy, the employee is unable employer that she desires to return to work when the employee leave ends consistent with (c), (d) and (e)resume work.
(g) A request for Where an employee then on maternity leave must:
i) be given in writing suffers illness related to the Employer,
ii) if the request is made during the her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be given to the Employer at least 4 weeks known as special maternity leave) as a registered medical practitioner certifies as necessary before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to her return to work earlier than 6 weeks after giving birth to provided that the childaggregate of paid sick leave, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workspecial maternity leave and maternity leave shall not exceed twelve months.
Appears in 4 contracts
Sources: Enterprise Bargaining Agreement, Enterprise Bargaining Agreement, Employment Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissalA pregnant employee is entitled to up to seventeen (17) consecutive weeks of unpaid pregnancy leave.
(b) Medical complications A pregnant employee will provide the College with a written request for leave at least four (4) weeks prior to the start of pregnancy, including complications during an unpaid the leave and a medical certificate in support of absence the request for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planleave.
(c) A pregnant employee who requests The maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) may start no earlier than 13 eleven (11) weeks before the expected birth date, and iimust end no earlier than six (6) no later than the actual birth date and ends no later than 17 weeks after the birth date unless the employee produces a doctor's certificate, which supports a request for a shorter period. The leave beginsperiod may be extended up to six (6) weeks if a doctor certifies that it is required.
(d) An employee who requests leave after giving A birth to a child is entitled to up to 17 consecutive weeks of unpaid mother must request parental leave, which must be taken during as set out in Clause 23.2 and the period that begins on the date of Employment Standards Act, at least four (4) weeks before beginning parental leave. To take parental leave, the birth and ends no later than 17 weeks mother must begin that leave immediately after that dateher maternity leave.
(e) An Where an employee who requests leave after is at work becomes ill or injured following the termination commencement of the employee’s pregnancy eleven (11) week period in (c) above such illness or injury shall be covered by application of the sick leave provision as follows:
(1) where the illness or injury is entitled not directly related to up the condition of pregnancy, sick leave coverage may extend to 6 consecutive weeks the scheduled date of unpaid commencement of maternity leave, which must be taken during or birth of the child(ren), whichever occurs first;
(2) where the illness is caused through an abnormal condition of pregnancy as verified in writing by a qualified medical practitioner and the employee returns to work before the scheduled commencement date of maternity leave, the period that begins on of absence will be covered by the date provisions of the termination of the pregnancy Article 20.7(a) and ends no later than 6 weeks after that date20.7(b).
(f) An On return from maternity leave, an employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)shall be placed in her former position.
(g) A request When an employee is on maternity leave, employment is considered continuous for leave must:
i) be given in writing the purposes of calculating annual vacations, seniority and termination entitlement, as well as for pension, medical or other plans of benefits to the Employer,
ii) if the request is made during the pregnancy, be given employee. The College will also continue to the Employer at least 4 weeks before the day make payments to any such plans unless the employee proposes chooses not to begin continue with her share of the cost of a plan. The employee is also entitled to all increases in wages and benefits which the employee would have received if not on leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an An employee on maternity leave under subsection shall notify the College of the date when the employee shall be returning to work, four (c4) or (d) proposes to return to work earlier than 6 weeks after giving birth prior to the childexpiration of the maternity leave. If no notification is given, the Employer may require employee shall be deemed to have abandoned the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workposition.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the 25.01 An employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to maternity leave of up to 17 consecutive seventeen (17) weeks of unpaid leave, which must be taken during without pay.
25.02 An employee intending to use maternity leave shall notify the period that begins:
iEmployer in writing at least fifteen (15) no earlier than 13 weeks before prior to the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsof delivery.
(d) 25.03 An employee who requests requesting maternity leave after giving birth shall submit the required Request for Leave Form to a child is entitled the Employer prior to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that anticipated leave date.
(e) An employee who requests leave after 25.04 At the termination request of the employee’s pregnancy is entitled , maternity leave shall commence at any time within eight (8) weeks prior to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the termination of the pregnancy and ends no later than 6 weeks after that datedelivery.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if25.05 Notwithstanding clause 25.04, for reasons related to the birth or the termination of the pregnancy, the when an employee is unable to return perform her regular duties due to work when her pregnancy, the Employer will make every reasonable effort to assign duties consistent with the employee’s capacity. If the Employer is unable to assign such duties, the Employer may direct the employee to proceed on maternity leave ends consistent with (c), (d) and (e)where in its opinion the interest of the Employer so requires.
(g) A request for 25.06 Where at any time prior to commencement of her requested maternity leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day directs an employee to proceed on leave in accordance with clause 25.05, or an employee is advised to proceed on leave by her attending physician, the employee proposes to begin leaveupon submission of a medical certificate, and
iii) if required requested by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or may instead use accumulated sick leave credits until the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)of commencement of her requested maternity leave.
25.07 An employee shall not be eligible for sick leave during the seventeen (h17) If consecutive week maternity leave period.
25.08 When an employee on maternity leave under subsection (c) or (d) proposes wishes to return to work earlier than 6 weeks after giving birth provided for under 25.01, she shall give the Employer written notice at least ten (10) working days in advance, and the Employer will make every reasonable effort to accommodate her request.
25.09 An employee returning to work from maternity leave shall be reinstated to her previously held position and shall receive a rate of pay that is equivalent to or greater than the rate of pay she was receiving immediately prior to her departure on maternity leave unless she accepts appointment to another position upon her return to work.
25.10 During the period of maternity leave, an employee:
(a) continues to earn seniority and continuous service credits based on what her normal regular hours of work would have been;
(b) continues to accrue entitlements for retirement allowance and vacation purposes;
(c) maintains but only accrues sick leave or vacation leave credits for any calendar month in which she receives pay for at least eleven (11) days, excluding statutory holidays.
25.11 Subject to the childterms of any insured benefit plan, when the employee requests the continuation of contributions, the Employer may require shall also continue the required contributions during the period of the maternity leave, provided the employee submits post-dated cheques for her share of the premiums for the entire period prior to give commencing maternity leave.
25.12 An employee with one year of continuous service who agrees to work for a period of at least six (6) months after her approved leave and who provides the Employer with proof that she has applied for and is eligible to receive Employment Insurance benefits pursuant to the Employment Insurance Act shall receive the following allowances:
(a) during the two (2) week waiting period under the Employment Insurance Act, seventy-five percent (75%) of the employee’s regular rate of pay less any other monies earned during this period;
(b) following the required waiting period and for a medical practitioner’s or nurse practitioner’s certificate stating period not exceeding fifteen (15) continuous weeks, the difference between the Employment Insurance benefits the employee is able eligible to resume workreceive and seventy-five percent (75%) of the employee’s regular rate of pay at the time maternity leave commences, less any other monies received during the period which may result in a decrease in Employment Insurance benefits to which the employee would have been eligible if no extra monies had been received during this period.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Maternity Leave.
(a) Maternity leave Pregnancy shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests The period of maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) shall commence no earlier than 13 thirteen (13) weeks before the expected birth date, date and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsdate.
(d) An employee who requests leave after giving birth to a child shall notify the Employer in writing of the expected date of birth. If the request is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken made during the period that begins on pregnancy, such notice shall be given at least four (4) weeks before the date of day the birth and ends no later than 17 weeks after that dateemployee proposes to begin the leave.
(e) If an employee is unable or incapable of performing her duties prior to the commencement of the maternity leave of absence without pay, the employee may be required to take unpaid leave of absence.
(f) The Employer may require the employee to provide a certificate from a doctor, midwife or nurse practitioner indicating the employee’s general condition during pregnancy along with the expected date of birth.
(g) An employee who requests is entitled to maternity leave up to seventeen (17) weeks without pay (see also Article 35.03).
(h) An employee is entitled to maternity leave up to six (6) consecutive weeks without pay after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which pregnancy. This leave must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 six (6) weeks after that date.
(fi) An employee who requests leave is entitled to up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is they are unable to return to work when the employee their leave ends consistent with (c), (d) and (e).
under (g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.)
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications SECTION 1 Any employee in a state of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, pregnancy shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks a rest period of unpaid leave, which must be taken during the period that begins:
ifour (4) no earlier than 13 weeks before the expected birth date, and iifour (4) no later than the actual birth date and ends no later than 17 weeks after the leave beginsbirth, with full pay at the rate of her regular salary.
SECTION 2 The employee may choose to take up to one week of pre natal rest and extend up to seven (d7) An weeks the post natal rest to which she is entitled as long as she presents her Supervisor with a medical certificate crediting that she is in condition to work up to one week before the delivery.
SECTION 3 If an employee who requests were to suffer a complication after the birth that prevented her from working for a term exceeding four (4) weeks, to be counted from the day of the delivery, the Company will grant an additional rest period for a term which shall not exceed fifteen (15) additional weeks without pay, as long as before the expiration of the rest period she presents a medical certificate crediting such complication. It been provided that the employee may charge the fifteen (15) weeks to her vacations, sick leave after giving birth to or extended sick leave.
SECTION 4 The employee that adopts a child is entitled to up to 17 consecutive weeks younger than seven (7 ) years shall have the same benefits (maternity leave) as any other employee has for natural births after presenting legal documentation proving that the adoption process was completed.
SECTION 5 With one (1) month of unpaid anticipation before the beginning of the leave, which must be taken during the period that begins on employee shall present the Company with a medical certification crediting her condition and indicating the probable date of delivery, or in the case of adoption the presenting of documents of the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancyadoption. Upon complying with this requirement, the employee is unable shall receive the corresponding pay in accordance to return the provided in Section 1, in advance at the moment that she begins to work when enjoy this leave.
SECTION 6 The employee who suffers a miscarriage shall be entitled and may claim the same benefits enjoyed by the employee leave ends consistent with (c)who has a normal delivery. However, (d) to receive such benefits, the miscarriage must be one of such nature that it produces the same physiological effect that regularly arise as a result of the delivery, in accordance to the decree and (e)certification of the physician taking care of her during the miscarriage. Said benefit shall be from the miscarriage onward.
SECTION 7 The employee and her supervisor will coordinate the use of the facilities and or refrigerators if said refrigerators are necessary and that are available in the employees work center so that she could extract and preserve the milk. The employee must be responsible of the adequate use of the stored milk and the Company's equipment to be used by her for such use. The employee must present medical evidence that shows that she is lactating. The employee will have five (g5) A request additional minutes per break for a term of fifteen (15) labor days for the extraction of the milk.
SECTION 8 The absences motivated by this leave must:
i) will not be given in writing considered to the Employer,
ii) if effect of absenteeism in the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)performance evaluation.
(h) If an employee on SECTION 9 The use and enjoyment of this leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workwill not cause loss of seniority.
Appears in 2 contracts
Sources: Collective Bargaining Agreement (Telecomunicaciones De Puerto Rico Inc), Collective Bargaining Agreement (Telecomunicaciones De Puerto Rico Inc)
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
(i) no earlier than 13 weeks before the expected birth date, and and
(ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
(i) be given in writing to the Employeremployer,
(ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and
(iii) if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer employer may require the employee to give the Employer employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the 25.01 An employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to maternity leave of up to 17 consecutive seventeen (17) weeks of unpaid leave, which must be taken during without pay.
25.02 An employee intending to use maternity leave shall notify the period that begins:
iEmployer in writing at least fifteen (15) no earlier than 13 weeks before prior to the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsof delivery.
(d) 25.03 An employee who requests requesting maternity leave after giving birth shall submit the required Request for Leave Form to a child is entitled the Employer prior to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that anticipated leave date.
(e) An employee who requests leave after 25.04 At the termination request of the employee’s pregnancy is entitled , maternity leave shall commence at any time within eight (8) weeks prior to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the termination of the pregnancy and ends no later than 6 weeks after that datedelivery.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if25.05 Notwithstanding clause 25.04, for reasons related to the birth or the termination of the pregnancy, the when an employee is unable to return perform her regular duties due to work when her pregnancy, the Employer will make every reasonable effort to assign duties consistent with the employee’s capacity. If the Employer is unable to assign such duties, the Employer may direct the employee to proceed on maternity leave ends consistent with (c), (d) and (e)where in its opinion the interest of the Employer so requires.
(g) A request for 25.06 Where at any time prior to commencement of her requested maternity leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day directs an employee to proceed on leave in accordance with clause 25.05, or an employee is advised to proceed on leave by her attending physician, the employee proposes to begin leaveupon submission of a medical certificate, and
iii) if required requested by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or may instead use accumulated sick leave credits until the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)of commencement of her requested maternity leave.
25.07 An employee shall not be eligible for sick leave during the seventeen (h17) If consecutive week maternity leave period.
25.08 When an employee on maternity leave under subsection (c) or (d) proposes wishes to return to work earlier than 6 weeks after giving birth provided for under 25.01, she shall give the Employer written notice at least ten (10) working days in advance, and the Employer will make every reasonable effort to accommodate her request.
25.09 An employee returning to work from maternity leave shall be reinstated to her previously held position and shall receive a rate of pay that is equivalent to or greater than the rate of pay she was receiving immediately prior to her departure on maternity leave unless she accepts appointment to another position upon her return to work.
25.10 During the period of maternity leave, an employee:
(a) continues to earn seniority and continuous service credits based on what her regular hours of work would have been;
(b) continues to accrue entitlements for retirement allowance and vacation purposes;
(c) maintains but only accrues sick leave or vacation leave credits for any calendar month in which she receives pay for at least eleven (11) days, excluding statutory holidays.
25.11 Subject to the childterms of any insured benefit plan, when the employee requests the continuation of contributions, the Employer may require shall also continue the required contributions during the period of the maternity leave, provided the employee submits postdated cheques for her share of the premiums for the entire period prior to give commencing maternity leave.
25.12 An employee with one year of continuous service who agrees to work for a period of at least six (6) months after her approved leave and who provides the Employer with proof that she has applied for and is eligible to receive Employment Insurance benefits pursuant to the Employment Insurance Act shall receive the following allowances:
(a) during the two (2) week waiting period under the Employment Insurance Act, seventy-five percent (75%) of the employee’s regular rate of pay less any other monies earned during this period;
(b) following the required waiting period and for a medical practitioner’s or nurse practitioner’s certificate stating period not exceeding fifteen (15) continuous weeks, the difference between the Employment Insurance benefits the employee is able eligible to resume workreceive and seventy-five percent (75%) of the employee’s regular rate of pay at the time maternity leave commences, less any other monies received during the period which may result in a decrease in Employment Insurance benefits to which the employee would have been eligible if no extra monies had been received during this period.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Maternity Leave. 33.1 The Corporation shall grant maternity leave without pay of up to seventeen (a17) weeks to a pregnant employee, subject to the following conditions:
33.1.1 The employee shall be required to notify the Corporation in writing at least two (2) weeks prior to the commencement of the maternity leave, unless there is a valid reason why such notice cannot be given, and state the length of leave intended to be taken.
33.1.2 The employee may be required to furnish a medical certificate verifying pregnancy.
33.1.3 Subject to the provisions of Clause 33.2, the period of maternity leave without pay shall commence no earlier than eleven (11) weeks before the expected date of pregnancy termination and end no later than seventeen
33.1.4 Where an employee has or will have the actual care and custody of the newborn child, that employee is entitled to and shall be granted a leave of absence from employment of up to thirty seven (37) weeks commencing and ending within the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee`s care.
33.2 At the request of the employee, the Corporation may defer the commencement of maternity leave for any period approved in writing by a qualified medical practitioner.
33.3 At the request of the employee, the Corporation may allow leave to commence earlier than eleven (11) weeks before the expected termination of her pregnancy.
33.4 Maternity leave shall not constitute cause for dismissal.
be terminated at any time prior to six (b6) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that unless the employee submits a certificate from a qualified medical practitioner stating the employee’s health will not be impaired by returning to duty at an earlier date.
33.5 An employee granted maternity leave without pay under this Clause and who is subject to a waiting period of two (f2) weeks before receiving Employment Insurance maternity benefits, shall receive an allowance during this two (2) week waiting period. This allowance shall be in the same amount as the employee receives in benefits for two (2) weeks from Human Resources Development Canada.
33.6 An employee who requests leave is not entitled to up receive Employment Insurance benefits shall receive an allowance equivalent to 6 additional consecutive two (2) weeks Employment Insurance benefits based on the amount she would have received if she had been entitled to Employment Insurance benefits from Human Resources Development Canada.
33.7 Leave granted in accordance with this Clause is included in the calculation of unpaid leave ifcontinuous employment for the purpose of pension, for reasons related to vacation leave, increases in the birth or the termination rates of pay, health and disability benefits and seniority.
33.8 Notwithstanding any other provision of the pregnancyAgreement, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection this Clause shall earn sick leave and vacation leave credits as if she had received pay for at least ten (c10) or (d) proposes to return to work earlier than 6 weeks after giving birth to the childdays in each calendar month. As of January 1, the Employer may require the 2010, an employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workon leave under this clause shall not earn sick leave credits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Maternity Leave. Every employee is entitled to and shall be granted a leave of absence from employment for the purpose of maternity leave. An employee who applies to take a leave of absence from employment under this Article shall:
(a) Maternity Upon written request, be granted maternity leave shall without pay for a period beginning before, on or after the termination date of pregnancy and ending not constitute cause for dismissallater than seventeen (17) weeks after the termination date of pregnancy.
(b) Medical complications Notwithstanding paragraph (a):
(i) where the employee has not yet commenced maternity leave without pay and their newborn child is hospitalized, or
(ii) where the employee has commenced maternity leave without pay and then, upon the employee’s or the Employer’s request, returns to work for all or part of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated during which their newborn child is hospitalized, the period of maternity leave without pay defined in paragraph (a) will be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by the Employment Insurance Act, shall be covered by sick leave credits providing number of weeks during which the child is hospitalized and the employee is has not been on maternity leave. This extension must not result in receipt the period of maternity benefits leave being longer than fifty-two (52) weeks. A request under this sub-clause must include proof of the Employment Insurance Act or any wage loss replacement planduration of hospitalization for the new-born.
(c) A pregnant The Employer may require an employee who requests maternity leave is entitled to up to 17 consecutive weeks submit a medical certificate certifying pregnancy and expected date of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsdelivery.
(d) An employee who requests has not commenced maternity leave after giving birth to a child is entitled to without pay may elect to:
(i) use earned vacation and compensatory leave credits up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on and beyond the date that their pregnancy terminates;
(ii) use their sick leave credits (if any) up to and beyond the date that their pregnancy terminates, subject to the provisions set out in Article 21, Sick Leave with Pay. For purposes of this subparagraph, the birth and ends no later than 17 weeks after that dateterms “illness” or “injury” used in Article 21, Sick Leave with Pay, shall include medical disability related to pregnancy.
(e) An employee who requests shall inform the Employer in writing of their plans for taking leave after with and without pay to cover their absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of the employee’s pregnancy is entitled expected to up to 6 consecutive weeks of unpaid leave, which must occur unless there is a valid reason why the notice cannot be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that dategiven.
(f) An employee who requests shall give at least four (4) weeks notice in writing of any change in the length of leave intended to be taken unless there is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)a valid reason why that notice cannot be given.
(g) A request for leave must:
i) be given Should the employee wish to return to work prior to the expected date of return, the employee shall inform the Employer in writing at least four (4) weeks in advance of the date on which the employee wishes to the Employer,
ii) if the request is made during the pregnancy, be given return to work and the Employer at least 4 weeks before will confirm in writing the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)return-to-work date.
(h) Upon returning from Maternity leave, the employee shall be reinstated into the position at the time the leave commenced, if the position still exists.
(i) If an during the leave, the employee’s position is eliminated, the employee on leave under subsection will, at that time, be treated as if the employee was still working in the same position and entitled to all rights contained in the collective agreement and will be offered a comparable position at the same salary. Should no position be available up until the expiration of the leave, the employee will be treated in accordance with all rights contained in this collective agreement.
(cii) Should the identical or (d) proposes to return to work earlier than 6 weeks after giving birth comparable position be offered to the childemployee and the employee refuses such position, the employee, by such refusal, shall be considered as having voluntarily resigned from employment with the Employer.
(i) The employee shall, along with the request for maternity leave without pay, notify the Employer may require in writing of the options chosen concerning the Pension and Insurance Benefits. If these benefits are to be continued, arrangements will be made for the employee to give make the necessary contributions. The Employer a medical practitioner’s or nurse practitioner’s certificate stating shall continue to pay its applicable share of all insurance benefits during the period of leave, provided that the employee is able continues to resume workpay the employee portion of such benefits.
(j) Employees who have applied, or are considering applying for Maternity Leave will receive upon request the relevant sections of the Canada Labour Code pertaining to Maternity Leave and job reassignment or job modification for the protection of pregnant or nursing workers.
(k) Leave granted under this Article shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Maternity Leave.
29:01 An employee who qualifies for Maternity Leave may apply for such leave in accordance with either Plan A or Plan B but not both.
29:02 In order to qualify for Plan A, a pregnant employee must:
(a) Maternity Have completed seven (7) continuous months of employment with the Agency;
(b) Submit to the Employer an application in writing for leave under Plan A at least four (4) weeks before the day specified by them in the application as the day on which they intend to commence such leave; and
(c) Provide the Employer with a certificate of a duly qualified medical practitioner certifying that they are pregnant and specifying the estimated date of their delivery.
29:03 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 Section 30:02(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 Section 30:02(c) and the actual date of delivery, if delivery occurs after the date mentioned in that certificate;
(c) The Employer may vary the length of maternity leave upon proper certification by the attending physician.
29:04 Sections 36 (4) through 36 (11) inclusive of the Employment Standards Code respecting maternity leave shall not constitute cause apply “mutatis mutandis”.
(a) An employee who has been granted maternity leave shall be permitted to apply for dismissalfive (5) days of their accumulated sick leave against the Employment Insurance waiting period.
(b) Medical complications Should the employee not return to work following their maternity leave for a period of pregnancyemployment sufficient to allow for re-accumulation of the number of sick days granted under subsection (a), including complications 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 an unpaid leave of absence for maternity reasons preceding the period stated by of return shall be counted as days worked.
29:06 During the Employment Insurance Actperiod of any maternity leave, where the terms of plans permit, an employee shall continue to be covered by sick the Dental Plan and shall be entitled to continue coverage under Group Life Insurance, Blue Cross Extended Health Benefits and Pension by paying both their portion and the Employer’s portion of the premium or cost.
29:07 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 the Canada Employment and Immigration Commission (C.E.I.C.) and limited to maternity leaves commencing on or after that date, the provisions of Plan B will come into effect.
29:08 In order to qualify for Plan B a pregnant employee must:
(a) Have been continuously employed with the Employer since April 1, 1998 and have completed seven (7) consecutive months of employment with the Employer.
(b) Submit to the Employer an application in writing, for leave credits providing under Plan B at least four (4) weeks before the employee is not day specified by them in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planapplication as the day on which they intend to commence such leave.
(c) A Provide the Employer with a certificate of a duly qualified medical practitioner certifying that they are pregnant and specifying the estimated date of their delivery;
(d) Provide the Employer with proof that they have applied for Employment Insurance Benefits and that the H.R.S.D. has agreed that the employee who requests maternity leave has qualified for and is entitled to up such Employment Insurance Benefits pursuant to 17 consecutive weeks of unpaid leaveSection 22, which Employment Insurance Code.
29:09 An applicant for Maternity leave under Plan B must be taken during sign an agreement with the period that beginsEmployer providing that:
i(a) no earlier than 13 weeks before They will return to work and remain in the expected birth dateemploy of the Employer on a full-time basis for at least six (6) months following their return to work, and iiand
(b) no later than They will return to work on the actual birth date and ends no later than 17 weeks after of the expiry of their maternity leave beginsunless this date is modified by the Employer; and
(c) Should they fail to return to work as provided under (a) and/or (b) above, they are indebted to the Employer for the full amount of pay received from the Employer as a maternity allowance during their entire period of maternity leave.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of At the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leaverequest, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An Employer may authorize an employee who requests has received maternity leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable under Plan B to return to work when on a half-time basis for twelve (12) months.
29:10 An employee who qualifies is entitled to a maternity leave consisting of:
(a) A period not exceeding seventeen (17) weeks if delivery occurs on or before the employee leave ends consistent with date of delivery specified in the certificate mentioned in Section 30:08 (c), (d) and (e).or
(gb) A request for leave must:
iperiod of seventeen (17) be given in writing weeks plus an additional period equal to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or period between the date of delivery specified in the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection certificate mentioned in Section 30:08 (c) or and the actual date of delivery, if delivery occurs after the date mentioned in that certificate;
(dc) proposes The Employer may vary the length of maternity leave upon proper certification by the attending physician.
29:11 During the period of maternity leave, an employee who qualifies is entitled to return a maternity leave allowance in accordance with-the 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 work earlier than 6 weeks after giving birth a maximum of fifteen (15) additional weeks, payments equivalent to the child, difference between the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating E.I. benefits the employee is able eligible to resume workreceive and ninety-three percent (93%) of their weekly rate of pay;
(c) All other times as may be provided under Section 30:10 shall be on a leave without pay basis.
29:12 Plan B does not apply to term or part-time employees.
29:13 During the period of maternity leave, benefits will not accrue, except the period of maternity leave will count as service towards eligibility for long service vacation.
29:14 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 they return to their position of employment.
29:15 Sections 57 and 60(1) through 60(4) inclusive of The Employment Standards Act respecting maternity leave shall apply “mutatis mutandis”.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave Leave of absence without pay for a continuous period not exceeding seventeen (17) weeks, or that stipulated by Employment and Social Development Canada, whichever is greater, will be granted to regular employees for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick reasons. This leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) may start no earlier than 13 eleven (11) weeks before the expected birth date, and iimust end no earlier than six (6) weeks after the birth date unless the employee requests a shorter period.
(b) In order to be eligible for a leave of absence, a pregnant employee shall have a medical certificate completed by her physician and submitted to the Labour Relations Manager as soon as is reasonable within the second trimester. Any cost associated with obtaining the medical certificate shall be reimbursed by the Company.
(i) Employees will notify the Company at least four (4) weeks in advance of the date on which the employee intends to begin her leave of absence. An employee may alter the date of commencement of her leave of absence by providing written notice to the Company no later than two (2) weeks prior to the actual birth date and ends no later than 17 weeks after she originally wished to commence her leave of absence. Should the employee suffer mental or physical illness as a result of pregnancy, she shall on the recommendation of her physician, commence her leave beginsof absence immediately.
(ii) If it is the intention of the Company to fill the position, such vacancy shall be posted within ten (10) days of notification from the employee.
(d) An Once the employee who requests has commenced her leave after giving birth of absence, she will not be permitted to a child is entitled return to up to 17 consecutive weeks of unpaid leave, which must be taken work during the six (6) week period that begins on following the date of delivery unless the birth and ends no later than 17 weeks after that dateemployee requests a shorter period.
(e) An Where an employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the gives birth or the termination of the pregnancypregnancy is terminated before a request for leave is made, the Company shall, on the employee's request and on receipt of a medical certificate stating that the employee is unable to return to work when has given birth or that the pregnancy was terminated, grant the employee leave ends consistent with of absence from work without pay for a period of six (c)6) weeks, (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day or a shorter period as the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)requests.
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Maternity Leave. (a) A. Maternity leave without compensation is available to female bargaining unit members. The length of the leave shall not constitute cause for dismissalexceed one (1) year, renewable at the discretion of the Board. The maternity leave shall commence not later than the date that the bargaining unit member is unable to properly perform her required duties. A bargaining unit member not desirous of a maternity leave shall be entitled to the provisions of sick leave/FMLA.
(b) Medical complications of B. A bargaining unit member shall file a written request, together with a physician's statement certifying pregnancy, including complications during an unpaid and the beginning and ending dates of the leave with the Superintendent's office at least sixty (60) days prior to the date the leave is to begin. As nearly as possible, the beginning date of the leave of absence for maternity reasons preceding shall conform to the period stated by the Employment Insurance Actbeginning or ending of a marking period, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act semester, school recess, or any wage loss replacement planschool year.
(c) C. A pregnant employee who requests maternity leave bargaining unit member may continue in active employment as late into her pregnancy as she desires, provided she is entitled able to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsproperly perform her required duties.
D. Bargaining unit members on a leave of absence shall make written application for reinstatement sixty (d60) An employee who requests leave after giving birth calendar days prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expiration date of the birth leave (for leaves in excess of ninety (90) days), in order to permit planning, scheduling and ends no later than 17 weeks after that dateplacement.
E. In computing service to determine a bargaining unit member's position on the salary schedule at the expiration of leave, time spent on leave shall not be counted as active service in the Okemos School District. A bargaining unit member on leave for less than forty-one (e41) An employee instructional days shall receive all benefits except salary for the entire contractual year.
F. Bargaining unit members who requests request a leave after of less than ninety (90) days will, at the termination time a leave is requested, indicate their intent to return upon the expiration of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave Leave of absence without pay for a continuous period not exceeding seventeen (17) weeks, or that stipulated by Human Resources and Skills Development Canada, whichever is greater, will be granted to regular employees for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick reasons. This leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) may start no earlier than 13 eleven (11) weeks before the expected birth date, and iimust end no earlier than six (6) weeks after the birth date unless the employee requests a shorter period.
(b) In order to be eligible for a leave of absence, a pregnant employee shall have a medical certificate completed by her physician and submitted to the Human Resources Manager as soon as is reasonable within the second trimester. Any cost associated with obtaining the medical certificate shall be reimbursed by the Company.
(i) Employees will notify the Company at least four (4) weeks in advance of the date on which the employee intends to begin her leave of absence. An employee may alter the date of commencement of her leave of absence by providing written notice to the Company no later than two (2) weeks prior to the actual birth date and ends no later than 17 weeks after she originally wished to commence her leave of absence. Should the employee suffer mental or physical illness as a result of pregnancy, she shall on the recommendation of her physician, commence her leave beginsof absence immediately.
(ii) If it is the intention of the Company to fill the position, such vacancy shall be posted within ten (10) days of notification from the employee.
(d) An Once the employee who requests has commenced her leave after giving birth of absence, she will not be permitted to a child is entitled return to up to 17 consecutive weeks of unpaid leave, which must be taken work during the six (6) week period that begins on following the date of delivery unless the birth and ends no later than 17 weeks after that dateemployee requests a shorter period.
(e) An Where an employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the gives birth or the termination of the pregnancypregnancy is terminated before a request for leave is made, the Company shall, on the employee's request and on receipt of a medical certificate stating that the employee is unable to return to work when has given birth or that the pregnancy was terminated, grant the employee leave ends consistent with of absence from work without pay for a period of six (c)6) weeks, (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day or a shorter period as the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)requests.
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
(i) no earlier than 13 weeks before the expected birth date, and and
(ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
(i) be given in writing to the Employer,
(ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and
(iii) if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
i) Upon return to work, the employee shall continue in her former position without loss of any entitlements.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity Subject to 32.03 (b) an employee who becomes pregnant shall:
(i) Notify the Employer of her pregnancy at least fifteen (15) weeks prior to the expected date of termination of her pregnancy; and
(ii) be granted leave of absence without pay, commencing no sooner than eleven (11) weeks before the expected date of termination of her pregnancy and ending not later than twenty-four (24) weeks after the date of termination of her pregnancy.
(iii) The total period of maternity leave shall not constitute cause for dismissalexceed twenty-four (24) weeks.
(b) Medical complications At the request of pregnancyan employee, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by Employer may vary the Employment Insurance Act, shall be covered by sick leave credits providing time specified in 32.03(a) provided that the employee is not in receipt submits the written approval of maternity benefits under the Employment Insurance Act or any wage loss replacement plana qualified medical practitioner.
(c) A pregnant employee who requests Upon conclusion of maternity leave is entitled to up to 17 consecutive weeks of unpaid without pay, the employee shall be reinstated into the position occupied by her at the time she commenced maternity leave, which must or in a comparable position with not less than the same wages and benefits, and her employment after the termination of maternity leave shall be taken during the period that begins:
i) no earlier than 13 weeks deemed to be continuous with employment before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginscommencement of that leave.
(d) An If an employee who requests leave after giving birth elects to a child is entitled to up to 17 consecutive weeks maintain coverage for Extended Health Care Plan, Long Term Disability, Life and Accidental Death and Dismemberment, the Employer will pay the Employer’s portions of unpaid leave, which must be taken during the period those benefits that begins on the date of the birth and ends no later than 17 weeks after that dateare cost shared with employees.
(e) An employee who requests leave after has been continuously employed for six (6) months, who has applied for maternity leave, and who provides the termination Employer with proof that she is in receipt of the employee’s pregnancy is Employment Insurance benefits shall be entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that datea maternity leave allowance.
(f) An Maternity leave allowance payments will consist of:
(i) For two (2) weeks, ninety-three (93%) percent of the employee’s weekly rate of pay;
(ii) for up to an additional fifteen (15) weeks, a payment equal to the difference between ninety-three (93%) percent of the employee’s weekly rate of pay and the amount of Employment Insurance benefits being received by the employee. During this period the employee who requests leave is shall also be entitled to up to 6 additional consecutive weeks the Housing Allowance and Registered Retirement Savings Plan.
(iii) Where an employee becomes eligible for a pay increase or an economic increase in the period in which the employee was in receipt of unpaid maternity leave if, for reasons related to the birth or the termination of the pregnancyallowance, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)payments shall be adjusted accordingly.
(g) A request for An employee receiving maternity leave must:
i) be given allowance payments shall sign a certificate stating that she will return to work and remain in writing to the Employer,
ii’s employ for a period of a least six (6) if months after the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin expiry of her maternity leave, and
iii) if required by and that she will return to work immediately following the expiry of her maternity leave, unless this date is modified with the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)’s consent.
(h) If an Should the employee on leave under subsection (c) or (d) proposes fail to return to work earlier than 6 weeks after giving birth in accordance with Article 32.03 (f), except by reason of death, disability or lay off, the employee recognizes that she is indebted to the childEmployer for the total amount of maternity leave allowances. Should the employee not remain in the Employer’s employ for a period of at least six (6) months following the expiry of her maternity leave, the Employer may require the employee recognizes that she is indebted to give the Employer for a medical practitionerprorated portion of her maternity leave allowance, based upon the number of months she has remained in the Employer’s or nurse practitioner’s certificate stating the employee is able to resume workemploy.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(ci) A pregnant employee who requests maternity leave under this Clause is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins:
i(1) no earlier than 13 thirteen (13) weeks before the expected birth date, and iiand
(2) no later than the actual birth date date, and
(3) and ends no later than 17 seventeen (17) weeks after the leave begins.
(dii) An employee who requests leave under this Clause after giving birth to a child is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 seventeen (17) weeks after that date.
(eiii) An employee who requests leave under this Clause after the termination of the employee’s 's pregnancy is entitled to up to 6 six (6) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 six (6) weeks after that date.
(fiv) An employee who requests leave under this Clause is entitled to up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with under subsection (ci), (dii) and or (eiii).
(gv) A request for leave must:
i(1) be given in writing to the Employer,
ii(2) if the request is made during the pregnancy, be given to the Employer at least 4 four (4) weeks before the day the employee proposes to begin leave, and
iii(3) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (fiv).
(hvi) If an employee on leave under subsection (ci) or (dii) proposes to return to work earlier than 6 six (6) weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s 's or nurse practitioner’s 's certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave Maternity Leave is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 thirteen (13) weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 seventeen (17) weeks after the leave begins.
(db) An employee who requests leave Maternity Leave after giving birth to a child is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 seventeen (17) weeks after that date.
(ec) An employee who requests leave Maternity Leave after the termination of the employee’s 's pregnancy is entitled to up to 6 six (6) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 six (6) weeks after that date.
(fd) An employee who requests leave Maternity Leave is entitled to up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee employee’s leave ends consistent with (c), (d) and (e)ends.
(ge) A request for leave must:
i) be given in writing to the Employeremployer,
ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 four (4) weeks before the day the employee proposes to begin leave, and
iii) if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)above.
(hf) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 six (6) weeks after giving birth to the child, the Employer employer may require the employee to give the Employer employer a medical practitioner’s 's or nurse practitioner’s 's certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (ai) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant An employee who requests maternity leave is entitled becomes pregnant shall notify the Employer at least fifteen (15) weeks prior to up the expected date of the termination of her pregnancy and, subject to 17 consecutive weeks section (ii) of unpaid leavethis Clause, which must be taken during the period that begins:
ishall, eleven (11) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no termination of her pregnancy be granted leave without pay for a period ending not later than 17 twenty-six (26) weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateher pregnancy.
(fii) An The Employer may:
(1) upon written request from the employee, defer the commencement of maternity leave without pay of an employee who requests leave is entitled to up to 6 additional consecutive or terminate it earlier than twenty-six (26) weeks after the date of unpaid leave if, for reasons related to the birth or the termination of her pregnancy;
(2) grant maternity leave without pay to an employee to commence earlier than eleven (11) weeks before the expected termination of her pregnancy;
(3) where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy.
(iii) Leave granted under this Clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay.
(i) After completion of six (6) months continuous employment, an employee who provides the Employer with proof that she has applied for and is receiving unemployment insurance benefits pursuant to Section 18, Unemployment Insurance Act, 1971, shall be paid a maternity leave allowance in accordance with the Supplementary Unemployment Benefit Plan.
(ii) An applicant under this provision shall sign an agreement with the Employer providing:
(1) that she will return to work and remain in the Employer's employ for a period of at least six (6) months after her return to work;
(2) that she will return to work on the date of the expiry of her maternity leave, unless this date is modified with the Employer's consent.
(iii) Should the employee is unable fail to return to work when as per the provisions of this provision the employee recognizes that she is indebted to the Employer for the amount received as maternity leave ends consistent with (c), (d) and (e)allowance.
(gc) A request for leave mustIn respect of the period of maternity leave, payments made according to the Supplementary Unemployment Benefit Plan will consist of the following:
(i) be given in writing effective April 1, 1986 up to the Employer,
iia maximum of seventeen (17) if the request is made during the pregnancy, be given weeks payments equivalent to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iiininety-three percent (93%) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)of her weekly rate of pay.
(hii) If an employee on leave under subsection (c1) or (d) proposes to return to work earlier than 6 weeks after giving birth to the childfor a full-time employee, the Employer may require weekly rate of pay referred to in this provision shall be the employee weekly rate of pay to give which she is entitled for the Employer a medical practitioner’s or nurse practitioner’s classification prescribed in her certificate stating of appointment on the employee is able to resume work.day immediately preceding the commencement of the maternity leave;
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity An employee who becomes pregnant shall notify the Employer at least two (2) weeks prior to the date on which she plans to begin her maternity leave of her intention to do so. This written notice must include the date on which she intends to begin her maternity leave, and a letter from her doctor indicating the baby’s due date.
i) Subject to sub-clause c) of this clause, an employee who becomes pregnant shall be granted twenty-eight (28) weeks of leave without pay. This leave may begin at any time within seventeen (17) weeks of the baby’s due date, and extends beyond the date of the baby’s birth until the twenty-eight (28) weeks have expired.
ii) Notwithstanding sub-clause b) i):
1. where the employee has not yet proceeded on maternity leave without pay and new newborn child is hospitalized, or
2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized, the period of maternity leave without pay defined in sub-clause b) i) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks;
3. the extension described above shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
c) The Employer may:
i) upon written request from the employee, defer commencement of maternity leave without pay of an employee or terminate it before the full twenty-eight (28) weeks have expired;
ii) grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected termination of her pregnancy;
iii) where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy.
d) Leave granted under this clause shall be counted in the calculation of ‘continuous employment’ for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall not constitute cause be counted for dismissalseniority and pay increment purposes. During such leave, the Employer will continue to pay its applicable share of pension and benefit plans.
(bi) Medical complications An employee who provides the Employer with proof that she has applied for and is eligible to receive employment insurance benefits pursuant to applicable provisions of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement Québec Parental Insurance Plan, shall be paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan. While in receipt of this allowance, the employee shall continue to accumulate annual leave and sick leave credits.
ii) Employees shall have no vested right to payments under the plan, except to payments during a period of unemployment specified in the plan.
(ciii) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks Payments in respect of unpaid leave, which must be taken during guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the period that beginsplan.
f) An applicant under sub-clause e) of this clause shall sign an agreement with the Employer providing:
i) no earlier than 13 weeks before that she will return to work and remain in the expected birth date, and Employer’s employ for a period equal to the period she was in receipt of maternity allowance;
ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth that she will return to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the birth and ends no later than 17 weeks after that dateexpiry of her maternity leave, unless this date is modified with the Employer’s consent.
(ei) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, Should the employee is unable fail to return to work when in accordance with the employee leave ends consistent with (cprovisions of sub-clause f) i), (dor should she return to work but fail to work for the total period specified in provisions of sub-clause f) and (ei).
(g) A request for leave must:
i) , she will be given in writing indebted to the Employer,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 f) i)
ii) the repayment provided for in 17.04 g) i) will not apply in situations of:
1. death,
2. lay off,
3. early termination due to lack of work or discontinuance of function of a specified period of employment that would have been sufficient to meet the obligation specified under sub-clause f) i),
4. the end of a specified period of employment, if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workrehired by the Employer within six (6) months following the end of the obligations specified in sub-clause f) i), or
5. has become disabled.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave Leave of absence without pay for a continuous period not exceeding seventeen (17) weeks, or that stipulated by Human Resources and Skills Development Canada, whichever is greater, will be granted to regular employees for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick reasons. This leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) may start no earlier than 13 eleven (11) weeks before the expected birth date, and iimust end no earlier than six (6) weeks after the birth date unless the employee requests a shorter period.
(b) In order to be eligible for a leave of absence, a pregnant employee shall have a medical certificate completed by her physician and submitted to the Labour Relations Manager as soon as is reasonable within the second trimester. Any cost associated with obtaining the medical certificate shall be reimbursed by the Company.
(i) Employees will notify the Company at least four (4) weeks in advance of the date on which the employee intends to begin her leave of absence. An employee may alter the date of commencement of her leave of absence by providing written notice to the Company no later than two (2) weeks prior to the actual birth date and ends no later than 17 weeks after she originally wished to commence her leave of absence. Should the employee suffer mental or physical illness as a result of pregnancy, she shall on the recommendation of her physician, commence her leave beginsof absence immediately.
(ii) If it is the intention of the Company to fill the position, such vacancy shall be posted within ten (10) days of notification from the employee.
(d) An Once the employee who requests has commenced her leave after giving birth of absence, she will not be permitted to a child is entitled return to up to 17 consecutive weeks of unpaid leave, which must be taken work during the six (6) week period that begins on following the date of delivery unless the birth and ends no later than 17 weeks after that dateemployee requests a shorter period.
(e) An Where an employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the gives birth or the termination of the pregnancypregnancy is terminated before a request for leave is made, the Company shall, on the employee's request and on receipt of a medical certificate stating that the employee is unable to return to work when has given birth or that the pregnancy was terminated, grant the employee leave ends consistent with of absence from work without pay for a period of six (c)6) weeks, (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day or a shorter period as the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)requests.
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. (I) Every female teacher
(a) Maternity who submits to the Division an application in writing for leave shall not constitute cause for dismissal.at least four (4) weeks before the day specified in the application as the day on which such leave is to commence;
(b) Medical complications who provides the Division with a certificate of pregnancya duly qualified medical practitioner certifying that the teacher is pregnant and specifying the estimated date of delivery, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, is entitled to and shall be covered by sick granted maternity leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.consisting of
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive a period, not exceeding seventeen (17) weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks if delivery occurs on or before the expected birth date, and ii) no later than date of a delivery specified in the actual birth date and ends no later than 17 weeks after the leave begins.certificate mentioned in Clause (b);
(d) An employee who requests 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 Clause (b) and the actual date of delivery, if delivery occurs after the date mentioned in that certificate.
(II) Subject to ▇▇▇▇▇▇ ▇▇, maternity leave after giving birth granted to a child female teacher under this section shall commence no earlier than eleven (11) weeks preceding the date specified in the certificate mentioned in Clause I(b) and shall terminate no later than seventeen (17) weeks following the actual date of delivery.
(III) A female teacher who does not submit an application for maternity leave in accordance with ▇▇▇▇▇▇ ▇(a), but who except for the non-compliance with that clause would have been eligible for maternity leave provided in Clause (I) is entitled to up to 17 consecutive and shall be granted leave consisting of
(a) Such period or periods within the eleven (11) weeks immediately preceding the estimated date of unpaid leavedelivery of the child as certified by a duly qualified certified medical practitioner, which must be taken if the teacher provides the employer with a certificate from a duly qualified medical practitioner stating that during the period or periods mentioned in the certificate the employee
(i) was incapable of performing the normal duties of employment, or
(ii) will be incapable of performing the normal duties of employment, by reason of a medical condition that begins on is or was directly attributable to the date pregnancy; and
(b) Such further period that when added to the leave granted under ▇▇▇▇▇▇ (a) will not exceed the amount of the birth and ends no later than 17 weeks after that datematernity leave to which a female employee is entitled under ▇▇▇▇▇▇ ▇.
(eIV) An employee A teacher who requests wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits; but where the teacher remains absent from work for a period of more than seventeen (17) weeks following the actual date of delivery the Division is not required to reinstate her in the position occupied at the time the leave commenced.
(V) For the purpose of calculating benefits of a teacher to whom leave is granted in accordance with this section, employment after the termination of that leave shall be deemed to be continuous with employment before the employee’s pregnancy is entitled to up to 6 consecutive weeks commencement of unpaid that leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(fVI) An employee who requests leave is entitled Additional maternity benefits may be granted to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to female teachers provided a mutually satisfactory agreement can be concluded between the birth or Division and the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)teacher.
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
(i) no earlier than 13 weeks before the expected birth date, and and
(ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
(i) be given in writing to the Employer,
(ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
(iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is Maternity Leave shall provide the General Manager with a medical certificate from a qualified medical practitioner stating the estimated date of birth. Such certificate shall be provided not later than three months prior to the estimated date of birth. An employee will become eligible for Maternity Leave after the completion of the first three (3) months of regular employment. This employee will also be required to complete a Request for Special Leave form, and submit it to the Human Resources Department.
(b) A pregnant employee shall be entitled to up to 17 Maternity Leave, without pay from the date of commencement of leave, for a period of seventeen (17) consecutive weeks or a shorter period if the employee requests. The employee may request that her leave commence eleven (11) weeks immediately before the estimated date of unpaid leavebirth or any time thereafter. The City may require the employee to commence a leave of absence where the duties of the employee cannot reasonably be performed because of the pregnancy and to continue the leave of absence until the employee provides a certificate from a medical practitioner stating that she is able to perform her duties.
(c) Regardless of the date of commencement of the leave of absence, which the leave shall not end before the expiration of six (6) weeks following the actual date of birth of the child unless the employee requests a shorter period. If the employee requests a shorter period, a written notice must be taken during submitted to the period that begins:
iCity two (2) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsprior to returning to work.
(d) An Where an employee who requests has been granted leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave ifabsence under this clause is, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied as certified by a medical practitioner's , unable to work or nurse practitioner's certificate stating return to work after the expected expiration of the leave, the City shall grant to the employee further leaves of absence from work, without pay, for a period specified in one or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection more medical certificates, but not exceeding a total of six (f)6) consecutive weeks.
(he) If an Where Maternity Leave is taken, the employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth must prepay her share of premiums to the child, employer for benefits to which she is entitled for the Employer may require period of leave. An employee who is absent for a period longer than seventeen (17) weeks and who wishes to continue benefit coverage shall prepay to the employee City the total cost of premiums for benefits to give which she is entitled for the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workadditional period of leave.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no No earlier than 13 weeks before the expected birth date, and ii) no No later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) ), and (e).
(g) A request for leave must:
i) be Be given in writing to the Employer,
ii) if If the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if If required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by y sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.Employment
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no No earlier than 13 weeks before the expected birth date, and and
ii) no No later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be Be given in writing to the Employer,
ii) if If the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if If required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. 21.1.1 ELIGIBILITY To be eligible for paid maternity leave an Employee must have completed at least 40 weeks continuous service. Casual Employees are not eligible for paid maternity leave An Employee who has once met the conditions for paid maternity leave will not be required to work again the 40 weeks continuous service in order to qualify for a further period of paid maternity leave, unless
(a) Maternity there has been a break in service where the Employee has been re- employed or re-appointed after a resignation, medical retirement, or after her services have been otherwise dispensed with; or
(b) the Employee has completed a period of leave shall without pay of more than 40 weeks. In this context, leave without pay does not constitute cause for dismissalinclude sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ Employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇.
12.1.2 PAID MATERNITY LEAVE ENTITLEMENT Eligible Employees are entitled to paid maternity leave as follows;
(a) An Employee is entitled to ten weeks at the ordinary rate of pay from the date maternity leave commences. This leave may commence up to four weeks prior to the expected date of birth.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee It is not in receipt compulsory for an Employee to take this period off work. However, if an Employee decides to work during this period it is subject to the Employee being able to perform satisfactorily the full range of maternity benefits under the Employment Insurance Act or any wage loss replacement plannormal duties.
(c) A pregnant employee who requests Paid maternity leave is entitled to up to 17 consecutive may be paid: on a normal fortnightly basis, in advance in a lump sum, at the rate of half pay over a period of twenty weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginson a regular fortnightly basis.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Enterprise Agreement
Maternity Leave. (a) Workers will be granted Maternity leave shall not constitute cause Leave without pay for dismissalup to 78 weeks.
(b) Medical complications A worker requesting Maternity Leave will do so in writing and will provide a certificate from her doctor stating the estimated date of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planbirth.
(c) A pregnant employee who requests maternity leave is entitled Maternity Leave will commence 11 weeks prior to up to 17 consecutive weeks the estimated date of unpaid leave, which must be taken during birth or at a later date the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsworker requests.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive Maternity Leave will not end until at least six weeks of unpaid leave, which must be taken during the period that begins on following the date of birth unless the birth and ends no later than 17 weeks after that dateworker requests a shorter period.
(e) An employee who requests leave after If a worker desires a shorter period, she must notify the termination of the employee’s pregnancy is entitled to up to 6 consecutive CEU in writing at least two weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable before she wishes to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by must provide a medical practitioner's or nurse practitioner's certificate from her doctor stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee she is able to resume work.
(f) Where a worker gives birth, or her pregnancy is terminated, in the 20th week of pregnancy or later, and before maternity leave is requested or has commenced pursuant to Article 8.3, a leave of absence for a period of up to six weeks will be granted, subject to appropriate medical certification.
(g) Where a pregnancy is terminated in the 19th week of pregnancy, or earlier, and before maternity leave is requested or has commenced pursuant to Article 8.3, a leave of absence without pay for a period of up to six weeks will be granted, subject to appropriate medical certification. When a worker is incapable of performing her duties after the completion of this leave, an additional leave of absence without pay for a period of up to six weeks will be granted, subject to the appropriate medical certification.
(h) Subject to other applicable provisions of this agreement, the CEU may require a worker to commence a Maternity Leave when she cannot reasonably perform her duties because of the pregnancy and to continue the leave until she provides a certificate from her doctor stating that she is able to perform her duties.
(i) The CEU will consider the services of a worker on the legislated paid portion of Maternity Leave continuous for the purpose of any pension, medical or other plan beneficial to her.
(j) Article 8.3(i) above applies to all insured benefits listed in Articles 8.1,9.1, 10 and 14.
(k) Additional leave will be treated in accordance with Article 8.8(d).
(l) A worker who returns from Maternity Leave will return to her previous position with all wages and benefits to which she would have been entitled had she not been on leave.
(m) If the provisions of the Employment Standards Act of BC are amended and provide superior conditions to those contained in this Article 8.3, the superior provisions will apply.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and and
ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) leave beginning no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date date, and ends ending no later than 17 weeks after the leave begins.
(db) An employee who requests leave under Article 18.01 after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(ec) An employee who requests leave under Article 18.01 after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(fd) An employee who requests leave under Article 18.01 is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee she is unable to return to work when the employee leave ends consistent with under Article 18.01 (cA), (dB) and or (eC).
(ge) A request for maternity leave must:
i) must be given in writing to the Employer,
ii) employer, and if the request is made during the pregnancy, be given to the Employer employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) and if required by the Employeremployer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)leave.
(hf) If an employee on leave under subsection Article 18.01 (cA) or (dB) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer employer may require the employee to give the Employer employer a medical practitioner’s 's or nurse practitioner’s 's certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. 33.1 The Corporation shall grant maternity leave without pay of up to seventeen (a17) weeks to a pregnant employee, subject to the following conditions:
33.1.1 The employee shall be required to notify the Corporation in writing at least two (2) weeks prior to the commencement of the maternity leave, unless there is a valid reason why such notice cannot be given, and state the length of leave intended to be taken.
33.1.2 The employee may be required to furnish a medical certificate verifying pregnancy.
33.1.3 Subject to the provisions of Clause 33.2, the period of maternity leave without pay shall commence no earlier than eleven (11) weeks before the expected date of pregnancy termination and end no later than seventeen
33.1.4 Where an employee has or will have the actual care and custody of the newborn child, that employee is entitled to and shall be granted a leave of absence from employment of up to thirty seven (37) weeks commencing and ending within the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee`s care.
33.2 At the request of the employee, the Corporation may defer the commencement of maternity leave for any period approved in writing by a qualified medical practitioner.
33.3 At the request of the employee, the Corporation may allow leave to commence earlier than eleven (11) weeks before the expected termination of her pregnancy.
33.4 Maternity leave shall not constitute cause for dismissal.
be terminated at any time prior to six (b6) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that unless the employee submits a certificate from a qualified medical practitioner stating the employee’s health will not be impaired by returning to duty at an earlier date.
33.5 An employee granted maternity leave without pay under this Clause and who is subject to a waiting period of two (f2) weeks before receiving Employment Insurance maternity benefits, shall receive an allowance during this two (2) week waiting period. This allowance shall be in the same amount as the employee receives in benefits for two (2) weeks from Human Resources Development Canada.
33.6 An employee who requests leave is not entitled to up receive Employment Insurance benefits shall receive an allowance equivalent to 6 additional consecutive two (2) weeks of unpaid leave if, for reasons related Employment Insurance benefits based on the amount she would have received if she had been entitled to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e)Employment Insurance benefits from Human Resources Development Canada.
(g) A request 33.7 Leave granted in accordance with this Clause is included in the calculation of continuous employment for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancypurpose of pension, be given to the Employer at least 4 weeks before the day the employee proposes to begin vacation leave, and
iii) if required by increases in the Employerrates of pay, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)health and disability benefits and seniority.
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
must i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. 33.1 The Corporation shall grant maternity leave without pay of up to seventeen (a17) weeks to a pregnant employee, subject to the following conditions:
33.1.1 The employee shall be required to notify the Corporation in writing at least two (2) weeks prior to the commencement of the maternity leave, unless there is a valid reason why such notice cannot be given, and state the length of leave intended to be taken.
33.1.2 The employee may be required to furnish a medical certificate verifying pregnancy.
33.1.3 Subject to the provisions of Clause 33.2, the period of maternity leave without pay shall commence no earlier than eleven (11) weeks before the expected date of pregnancy termination and end no later than seventeen
33.1.4 Where an employee has or will have the actual care and custody of the newborn child, that employee is entitled to and shall be granted a leave of absence from employment of up to thirty seven (37) weeks commencing and ending within the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee’s care.
33.2 At the request of the employee, the Corporation may defer the commencement of maternity leave for any period approved in writing by a qualified medical practitioner.
33.3 At the request of the employee, the Corporation may allow leave to commence earlier than eleven (11) weeks before the expected termination of her pregnancy.
33.4 Maternity leave shall not constitute cause for dismissal.
be terminated at any time prior to six (b6) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that unless the employee submits a certificate from a qualified medical practitioner stating the employee’s health will not be impaired by returning to duty at an earlier date.
33.5 An employee granted maternity leave without pay under this Clause and who is subject to a waiting period of two (f2) weeks before receiving Employment Insurance maternity benefits, shall receive an allowance during this two (2) week waiting period. This allowance shall be in the same amount as the employee receives in benefits for two (2) weeks from Human Resources Development Canada.
33.6 An employee who requests leave is not entitled to up receive Employment Insurance benefits shall receive an allowance equivalent to 6 additional consecutive two (2) weeks Employment Insurance benefits based on the amount she would have received if she had been entitled to Employment Insurance benefits from Human Resources Development Canada.
33.7 Leave granted in accordance with this Clause is included in the calculation of unpaid leave ifcontinuous employment for the purpose of pension, for reasons related to vacation leave, increases in the birth or the termination rates of pay, health and disability benefits and seniority.
33.8 Notwithstanding any other provision of the pregnancyAgreement, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection this Clause shall earn sick leave and vacation leave credits as if she had received pay for at least ten (c10) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workdays in each calendar month.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissalis available to an employee who is pregnant and/or who has given birth to a child.
(b) Medical complications 33.2.1 Special maternity leave Special maternity leave is leave taken by an employee because she has a pregnancy- related illness, or due to the end of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated a pregnancy other than by the Employment Insurance Actbirth of a living child. An application for special maternity leave, shall stating the commencement and end dates of the leave, must be covered made as soon as practicable. The application must be supported by sick leave credits providing a certificate from a medical practitioner that states: • The employee is or was pregnant; and • That the employee is not in receipt unfit for work due to a pregnancy-related illness; or • That the pregnancy has terminated otherwise than by the birth of a living child. An employee may access personal leave entitlements, if available, instead of special maternity benefits under the Employment Insurance Act or any wage loss replacement planleave.
(c) A pregnant employee who requests 33.2.2 Ordinary maternity leave Ordinary maternity leave is entitled leave taken by an employee in respect of the birth of a child. Ordinary maternity leave will be taken in one continuous period. The maximum period of ordinary maternity leave is 52 weeks. This entitlement is reduced by any other authorised leave taken in conjunction with the maternity leave (such as annual leave), and by any paternity leave taken by the employee's spouse. An employee who is pregnant and who intends to up take ordinary maternity leave must provide to 17 consecutive weeks Clipsal a medical certificate stating that she is pregnant, and the anticipated date of unpaid leavebirth, which and this statement must be taken during the period that begins:
i) no earlier than 13 given at least 10 weeks before the anticipated date of birth. The employee must apply to Clipsal for maternity leave at least four weeks prior to the date on which she proposes to commence her maternity leave, stating the intended commencement and end dates of the leave. She must provide a letter or certificate from a registered medical practitioner confirming the expected birth datedate of birth. An employee must commence ordinary maternity leave at least six weeks prior to the anticipated date of birth, and ii) no later than the actual birth date and ends no later than 17 unless she provides Clipsal with a certificate from a registered medical practitioner, stating that she is fit to work. An employee must take a continuous period of ordinary maternity leave for at least six weeks after the date of birth of her child. The employee must provide a statutory declaration giving the particulars of the paternity leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during by the period employee's partner, and confirming that begins on the date employee intends to be the child's primary caregiver for the duration of the birth and ends no later than 17 weeks after that date.
maternity leave (e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (ewhere applicable).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Employee Collective Agreement
Maternity Leave. (a) Maternity An employee who has completed twelve months service by the date of commencement of maternity leave shall not constitute cause is entitled to be granted maternity leave with pay for dismissala total period of twelve weeks upon production of a certificate from a legally qualified medical practitioner stating that she is pregnant and specifying the date of the expected birth. Where an employee has been employed on a part time basis for all or portion of a continuous period of employment of twelve calendar months she is entitled to be granted on a proportionate basis.
(b) Medical complications The employee should not be permitted to continue on duty beyond six weeks prior to the expected date of pregnancydelivery (except as outlined in sub-clause (c) and where qualified by service, including complications during an unpaid paid maternity leave for a maximum period of absence for maternity reasons preceding twelve weeks should commence from this date. Resumption of duty should not be permitted earlier than six weeks after the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt actual date of maternity benefits under the Employment Insurance Act or any wage loss replacement plandelivery.
(c) A pregnant The employee who requests may in some cases be given permission to continue to work in her current position during the six week period referred to in sub-clause (b). However, to do so she should before the period of "mandatory absence" is due to commence, furnish her supervisor with a certificate from a registered medical practitioner certifying that she will be fit for the full duties of her current position until a specified date prior to the confinement. In such cases the twelve week period of maternity leave will then be due to commence immediately after the date to which she has been allowed to continue on duty. Where permission is entitled given for an employee to continue to perform duty and she is unexpectedly confined before the date up to 17 consecutive weeks which she had been given permission to remain on duty, the permission to remain on duty ceases to have effect and the required period of unpaid leave, which must be taken during absence commences from the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsof confinement.
(d) An employee who requests leave after giving birth Where the confinement occurs more than six weeks prior to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of delivery the birth and ends no later than 17 total period of twelve weeks after that dateshould be counted from the actual date from which maternity leave is granted.
(e) An Where the pregnancy of an employee who requests leave after terminates earlier than twenty weeks prior to the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the expected date of the termination of the pregnancy and ends delivery there is no later than 6 weeks after that dateentitlement to paid maternity leave.
(f) An employee who requests Employees may be granted additional leave is entitled to up to 6 additional consecutive weeks after the period of maternity leave has expired as a deduction from other leave credits and/or leave without pay. The maximum leave granted both paid and unpaid leave if, for reasons related to (including the birth or the termination period of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (dmaternity leave) and (e)should not exceed 52 weeks.
(g) A request Payment in respect of maternity leave should not be made in advance, but paid in accordance with normal arrangements for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)payment of salary.
(h) If an employee on leave under subsection For the purpose of this clause "confinement" shall mean the delivery of a child (calive or stillborn) or (d) proposes to return to work other termination of pregnancy that occurs not earlier than 6 twenty weeks after giving birth to before the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workexpected date of birth.
Appears in 1 contract
Sources: Workplace Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and and
ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissalwill be granted in accordance with the provisions of the Employment Standards Act, R.S.O. 1980, c.137 except where amended in this provision.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
ihas been employed continuously for thirteen (13) no earlier than 13 weeks before the expected date of birth date, is entitled to an unpaid maternity leave.
(i) The employee shall give written notification at least two (2) weeks prior to the commencement of the leave of her request for leave. She shall also furnish the Hospital with her Doctor's certificate as to pregnancy and expected date of delivery at the time the above notification is given.
(ii) no later than the actual birth date and The pregnancy leave of an employee who is entitled to take parental
(a) ends no later than 17 seventeen weeks after the pregnancy leave beginsbegan.
(iii) The pregnancy leave of an employee who is not entitled to take parental leave pursuant to Article 15.04
(a) ends seventeen weeks after the pregnancy leave began or six weeks after the pregnancy ended, whichever is later.
(iv) An employee's pregnancy leave may end on a date earlier than that specified in 15.03 (c) (ii) or (iii) where the employee is fit to return to work and she provides the employer with at least four (4) weeks notice of that earlier date.
(d) An employee who requests leave after giving birth may stop work because of complications caused by her pregnancy or because of a birth, stillbirth or miscarriage that occurs prior to a child is entitled to up to 17 consecutive the expected date of birth. When an employee does stop work, she must, within two weeks of unpaid leavestopping work, which must be taken during provide the period Hospital with written notice of the day the pregnancy leave began or is to begin and a certificate from a legally qualified medical practitioner that begins on either states that the associate is unable to perform duties because of complications caused by her pregnancy and states the expected birth date or in any other case states the date of birth, still-birth or miscarriage and the birth and ends no later than 17 weeks after that datedate the employee was expected to give birth.
(e) An employee who requests on maternity leave after shall continue to participate in the termination of benefit plans provided for under the employee’s pregnancy is entitled collective agreement unless she elects, in writing, not to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that dateso participate.
(f) An The employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave ifshall remit, for reasons related to the birth or the termination in advance of the pregnancymonth for which coverage in the benefit plan is to be provided, the employee is unable employee's portion, if any, of the billed premium. The employer shall continue to return to work when pay the employer's portion of the billed premium unless the employee leave ends consistent with (c), (d) and (e)gives notice that she does not intend to pay her portion of the billed premium.
(g) A request for leave must:
i) be given in writing An employee shall continue to the Employer,accrue seniority while she is on maternity leave.
(ii) if The accrual of seniority provided for in (a) (i) above shall not be credited toward the request is made during completion of a probationary period or toward the pregnancy, be given to eligibility for benefits as provided in the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)benefit plans enumerated in this agreement.
(h) If an An employee on leave under subsection (c) or (d) proposes shall confirm her intention to return to work earlier than 6 at least two (2) weeks after giving birth in advance of the date that she intends to return. This employee shall be reinstated to her former position, if available, or given a comparable position at her rate of pay at the time she commenced her maternity leave or at the rate of pay that she would be entitled to receive had she worked through the leave, whichever is greater.
(i) If the Hospital's operations were suspended or discontinued while the employee was on leave and have not resumed when the leave ends, the Hospital shall reinstate the employee when the operations resume in accordance with the Hospital's seniority system as set out in this agreement.
(j) The supplemental unemployment benefit plan provided for in this article shall only be available to employees who have completed ten (10) continuous and uninterrupted months of service or are in receipt of Employment Insurance benefits with the Hospital. Effective upon confirmation by the Employment Insurance Commission of the Hospitals Supplemental Unemployment Benefit (SUB) Plan, an employee who commences maternity leave as provided under this agreement who is in receipt of Employment Insurance Pregnancy Benefits pursuant to Section 22 of the Employment Insurance Act, R.S.C. 1997, c. U-1 as amended, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the childdifference between ninety-three per cent (93%) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two (2) week Employment Insurance waiting period, and receipt by the Employer may require Hospital of the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating employee's Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance Pregnancy Benefits, and shall continue while the employee is able in receipt of such benefits for a maximum period of fifteen (15) weeks. The Hospital will pay the employee ninety-three (93%) percent of her regular weekly earnings during the first two-week period of the leave while waiting to resume workreceive Employment Insurance Benefits. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours.
(k) Employees have no vested right to payments under this Article except to payments during a period of unemployment specified in this Article.
(l) Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this Article.
(m) Payments received under the SUB Plan will not be considered earnings for purposes of determining entitlement to unemployment insurance benefits.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (ai) Maternity An employee who becomes pregnant shall notify the Employer in writing at least fifteen (15) weeks prior to the expected date of the termination of her pregnancy and, subject to Section (ii) of this clause, shall, eleven (11) weeks before the expected date of the termination of her pregnancy be granted leave without pay for a period ending not later than twenty-six (26) weeks after the date of the termination of her pregnancy. The employee may apply to Compensation and Benefits Division, Department of Finance and she shall not constitute cause for dismissalbe given, within one week of application, a clear understandable information package about maternity leave requirements and benefits.
(bii) Medical complications The Employer may:
a. upon written request from the employee, defer the commencement of maternity leave without pay of an employee or terminate it earlier than twenty-six (26) weeks after the date of the termination of her pregnancy;
▇. ▇▇▇▇▇ maternity leave without pay to an employee to commence earlier than eleven (11) weeks before the expected termination of her pregnancy;
c. where maternity leave without pay is requested, including complications during require an unpaid leave employee to submit a medical certificate certifying pregnancy.
(iii) Leave granted under this Article shall be counted for the calculation of absence "continuous employment" and "continuous service".
(i) After completion of 6 months continuous employment, an employee who provides the Employer with proof that she has applied for maternity reasons preceding the period stated by and is in receipt of unemployment insurance benefits pursuant to the Employment Insurance Act, shall be covered by sick paid a maternity leave credits providing allowance.
(ii) An applicant under Clause 21.04(b)(i) shall sign an agreement with the Employer providing:
a. that she will return to work and remain in the Employer's employ for a period of at least six (6) months after her return to work;
b. that she will return to work on the date of the expiry of her maternity leave, unless this date is modified with the Employer's consent.
(iii) Should the employee fail to return to work, except by reason of death, disability or lay-off as per the provision of Clause 21.04(b)(ii), the employee recognizes that she is indebted to the Employer for the amount received as maternity leave allowance. Should the employee not return for the full six months, except in the case of a subsequent maternity leave without pay during this six (6) month period, the employee's indebtedness shall be reduced on a prorated basis according to the number of months for which she received pay. Where an employee takes a subsequent maternity leave without pay, and does not work for this entire six (6) month period, any amount of the six (6) month period which is not in receipt worked will be added to the period which the Employee is required to work, according to clause 21.04(b)(ii), after the subsequent maternity leave without pay.
(iv) No employee shall be laid off, transferred or relocated while on, or within six (6) months of his/her return, from maternity benefits under or adoption leave without the Employment Insurance Act or any wage loss replacement planconsent of the employee, the Employer and the Union.
(c) A pregnant employee who requests In respect of the period of maternity leave, payments of maternity leave allowance will consist of the following:
(i) For the first two (2) weeks, payments equivalent to 93% of her weekly rate of pay. For up to a maximum of an additional 15 weeks, payments equivalent to the difference between the unemployment insurance benefits she is eligible to receive and 93% of her weekly rate of pay;
(ii) a. for a full-time employee the weekly rate of pay referred to in Clause 21.04(c)(i) shall be the weekly rate of pay to which she is entitled to up to 17 consecutive weeks for the job evaluation prescribed in her certificate of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins appointment on the date day immediately preceding the commencement of the birth and ends no later than 17 weeks after that datematernity leave.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. A pregnant employee who has been employed by the Employer for at least seven (7) consecutive months is entitled to maternity leave as follows:
(a) Maternity leave shall If the date of delivery is on or before the date estimated in a medical certificate, a period of not constitute cause for dismissal.more than seventeen (17) weeks; or
(b) Medical complications If the date of pregnancydelivery is after the estimated date, including complications during an unpaid leave seventeen (17) weeks and a period of absence for maternity reasons preceding time equal to the period stated by time between the Employment Insurance Act, shall be covered by sick leave credits providing estimated date and the employee is not in receipt date of maternity benefits under the Employment Insurance Act or any wage loss replacement plandelivery.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no begin not earlier than 13 seventeen (17) weeks before the expected birth date, date of delivery estimated in the medical certificate and ii) no end not later than the actual birth date and ends no later than 17 seventeen (17) weeks after the leave beginsdate of delivery.
(d) An employee who requests is eligible for maternity leave after shall as soon as practicable, provide the Employer with a medical certificate giving birth to a child is entitled to up to 17 consecutive the estimated date of delivery; and give the Employer not less than four (4) weeks written notice of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that dateshe will start her maternity leave.
(e) An employee who requests is eligible for maternity leave after the termination of the employee’s pregnancy but does not give notice under Article 33:02 (i)(d) before leaving their employment is still entitled to up to 6 consecutive maternity leave if, within two (2) weeks of unpaid leaveafter stopping work, which must be taken during the period that begins on she gives notice and provides her Employer with a medical certificate giving the date of delivery or estimated date of delivery; and stating any period or periods of time within the termination seventeen (17) weeks before the date of delivery or estimated date of delivery that the normal duties of the pregnancy and ends no later than 6 weeks after that dateemployment could not be performed because of a medical condition arising from the pregnancy.
(f) An employee who requests The maternity leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, which the employee is unable entitled under Subsection (i)(e) is anytime, within the time referred to return to in Clause (i)(e) that she does not work when because of a medical condition arising from the employee leave ends consistent with pregnancy; and the difference between that time and the time she would receive if she were entitled under Clause (c), i)(a) or (d) and (eb).
(g) A request An employee who is eligible for maternity leave must:
ibut who does not give notice under Clause (i)(d) be given in writing or (e) is still entitled to maternity leave for a period not exceeding the Employer,
iitime she would receive if she were entitled under Clause (i)(a) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (fb).
(h) If The maternity leave of an employee on leave under subsection terminates not later than seventeen (c17) or (d) proposes to return to work earlier than 6 weeks after giving birth to the childdate of delivery.
(i) An employee's maternity leave ends seventeen (17) weeks after it began; or if Clause (i)(f) applies, seventeen (17) weeks after it began plus the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workadditional time provided for in that Clause.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. child’s first (a1st) birthday. The period of Maternity leave shall not constitute cause for dismissal.
Leave includes the following: An employee may elect to receive their fourteen (b14) Medical complications weeks paid Maternity Leave at half pay over fourteen (14) fortnightly pay periods. This entitlement will be reduced by any period of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated Paternity Leave taken by the Employment Insurance Act, shall be covered by sick leave credits providing employee’s spouse in relation to the employee is not in receipt same child. Apart from Paternity Leave of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive one (1) week at the time of confinement, Maternity Leave will not be taken concurrently with Paternity Leave. A further period of up to fifty two (52) weeks of unpaid leave, which must to be taken during the primary care-giver may be approved at the discretion of Energy Queensland. Where an employee continues to work within the six (6) week period that begins:
i) no earlier than 13 weeks before immediately prior to the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancybirth, the employee is unable to provide Energy Queensland with a medical certificate which states that continuing to undertake normal duties will not jeopardise the employee’s health. Transfer to a Safe JobWhere a doctor’s certificate stipulates the necessity for an employee to transfer to a safe job, a risk assessment may be undertaken prior to commencement in the alternate role. The alternate role will be comparable in classification and pay. If the transfer to a safe job is not practicable, the employee may request to take leave as provided in this Agreement for as long as a doctor certifies it is necessary to avoid exposure to risk. Special Maternity Leave and Personal LeaveWhere the pregnancy of an employee not on Maternity Leave terminates after twelve (12) weeks other than by the birth of a living child, she will be entitled to unpaid leave (to be known as special Maternity Leave) as a registered medical practitioner certifies as necessary before her return to work; or for illness other than the normal consequences of confinement she will be entitled, either in lieu of or in addition to special Maternity Leave, to such paid sick leave as to which she is entitled and which a registered medical practitioner certifies as necessary before her return to work. Should a pregnancy end after twenty (20) weeks of pregnancy or the child die during the period of paid maternity leave, the employee will be eligible for paid Special Maternity Leave of up to fourteen (14) weeks. The employee may elect to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be given in writing workplace prior to the Employer,
iiconclusion of the fourteen (14) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.Special Maternity Leave period in which case such payment will cease and normal wages recommence. No Significant Change
Appears in 1 contract
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and and
ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be Be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).the
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no No earlier than 13 weeks before the expected birth date, and and
ii) no No later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An And employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) be Be given in writing to the Employer,
ii) if If the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if If required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity An employee who becomes pregnant shall notify the Employer at least two (2) weeks prior to the date on which she plans to begin her maternity leave of her intention to do so. This written notice must include the date on which she intends to begin her maternity leave, and a letter from her doctor indicating the baby's due date.
i. Subject to sub-clause c) of this clause, an employee who becomes pregnant shall be granted twenty-eight (28) weeks of leave without pay. This leave may begin at any time within seventeen (17) weeks of the baby's due date, and extends beyond the date of the baby's birth until the twenty-eight (28) weeks have expired.
ii. Notwithstanding sub-clause b) i):
1. where the employee has not yet proceeded on maternity leave without pay and the newborn child is hospitalized, or
2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized, the period of maternity leave without pay defined in sub-clause b) i) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks;
3. the extension described above shall end not later than fifty- two (52) weeks after the termination date of pregnancy.
c) The Employer may:
i. upon written request from the employee, defer commencement of maternity leave without pay of an employee or terminate it before the full twenty-eight (28) weeks have expired;
ii. grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected termination of her pregnancy;
iii. where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy.
d) Leave granted under this clause shall be counted in the calculation of 'continuous employment' for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall not constitute cause be counted for dismissalseniority and pay increment purposes. During such leave, the Employer will continue to pay its applicable share of pension and benefit plans.
(b) Medical complications i. An employee who provides the Employer with proof that she has applied for and is eligible to receive employment insurance benefits pursuant to applicable provisions of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Actlnsurance Act or Québec Parental lnsurance Plan, shall be covered by paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan. While in receipt of this allowance, the employee shall continue to accumulate annual leave and sick leave credits providing credits.
ii. Employees shall have no vested right to payments under the employee is plan, except to payments during a period of unemployment specified in the plan.
iii. Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the plan.
f) An applicant under sub-clause e) of this clause shall sign an agreement with the Employer providing:
i. that she will return to work and remain in the Employer's employ for a period equal to the period she was in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.allowance;
(c) A pregnant employee who requests maternity leave is entitled ii. that she will return to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the birth and ends no later than 17 weeks after that dateexpiry of her maternity leave, unless this date is modified with the Employer's consent.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, i. Should the employee is unable fail to return to work when in accordance with the employee leave ends consistent with (cprovisions of sub-clause f) i), (dor should she return to work but fail to work for the total period specified in provisions of sub-clause f) and (ei).
(g) A request for leave must:
i) , she will be given in writing to the Employer,
ii) if the request is made during the pregnancy, be given indebted to the Employer at least 4 weeks before the day the employee proposes for an amount determined as follows: (Allowance received) X (remaining period to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to worked following her return to work)
ii. the repayment provided for in 36.1 g) i) will not apply in situations of:
1. death,
2. lay off,
3. early termination due to lack of work earlier than 6 weeks after giving birth or discontinuance of function of a specified period of employment that would have been sufficient to meet the childobligation specified under sub-clause f) i),
4. the end of a specified period of employment, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating if the employee is able to resume workrehired by the Employer within six (6) months following the end of the obligations specified in sub-clause f) i), or
5. has become disabled.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. (ai) Maternity Upon request, a pregnant employee will be granted unpaid leave for a period of up to seventeen (17) consecutive weeks or such longer period as mutually agreed between the employee and the Employer. Such employee shall not constitute cause for dismissalalso be entitled to Parental Leave pursuant to Clause 22.07(b).
(bii) Medical complications The period of pregnancy, including complications during an unpaid pregnancy leave of absence for maternity reasons preceding the period stated shall commence on a date determined by the Employment Insurance Actemployee, shall be covered by sick leave credits providing but no sooner than thirteen (13) weeks prior to the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected estimated birth date, and ii) no later than the actual birth date date. The period of pregnancy leave shall end no earlier than six (6) weeks after the actual birth date, unless the employee requests a shorter period, and ends no later than 17 seventeen (17) weeks after the leave beginsactual birth date.
(diii) An employee who requests pregnancy leave after giving birth to a child is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 seventeen (17) weeks after that date.
(eiv) An employee who requests leave under this clause after the termination of the employee’s their pregnancy is entitled to up to 6 six (6) consecutive weeks of unpaid leave, which must leave to be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 six (6) weeks after that date.
(fv) An employee who requests leave under this clause is entitled to up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, pregnancy the employee is unable to return to work when the employee leave ends consistent with under sub-clause (ci), (dii) and or (e)iii) above.
(gvi) A The request for to take pregnancy leave must:
imust be made, in writing, at least four (4) be given in writing weeks prior to the Employer,
ii) if proposed commencement of the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by and include the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual probable birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)date.
(hvii) An employee on commencement of pregnancy leave shall provide the Employer with their return-to-work date.
(viii) If an employee on pregnancy leave under subsection (c) or (d) proposes to return to work earlier than 6 six (6) weeks after giving birth birth, the employee is required to provide this request in writing to the childEmployer at least one (1) week before the proposed return to work date, and the Employer may require the employee to give the Employer request must be accompanied by a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
(ix) The period of pregnancy leave shall abut any period of Parental Leave taken under the provisions of Clause 22.07(b).
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. An employee who qualifies for Maternity Leave may apply for such leave in accordance with either Maternity Leave Plan ‘A’ or Maternity Leave Plan ‘B’, but not both.
(i) Maternity Leave Plan “A” (Plan A):
1. Plan A will provide an employee with up to seventeen (17) weeks of Maternity Leave without pay subject to the following conditions:
(a) The employee shall submit a written request for Maternity leave shall Leave under Plan A to the Employer not constitute cause for dismissallater than the end of the fifth (5th) month of pregnancy and not less than one (1) month before the intended start date of the Maternity Leave.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated If requested by the Employment Insurance Actemployee, shall Maternity Leave of shorter duration may be covered by sick leave credits providing granted at the employee is not in receipt discretion of maternity benefits under the Employment Insurance Act or any wage loss replacement planEmployer.
(c) A pregnant employee who requests maternity leave The Employer is entitled to up require an employee to 17 consecutive weeks stop work in the case of unpaid leaveunsatisfactory job performance or if the state of her health as verified by a duly qualified medical practitioner becomes incompatible with the requirements of her job.
(ii) Maternity Leave Plan “B” (Plan B):
1. In order to qualify for Plan B, which must be taken during the period that beginsa pregnant employee must:
i(a) no earlier than 13 submit a written request for Maternity Leave under Plan B to the Employer at least four (4) weeks before the expected birth datedate specified in her application as the date on which she intends to commence such leave;
(b) provide the Employer with a certificate from a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery;
(c) provide the Employer with proof that she has applied for Employment Insurance (EI) benefits and that Service Canada has agreed that the employee qualifies for and is entitled to EI benefits pursuant to the Employment Insurance Act;
(d) be employed as a regular full time employee as of the date the Maternity Leave is to commence;
1.1 The Employer is entitled to require an employee to stop work in the case of unsatisfactory job performance or if the state of her health as verified by a duly qualified medical practitioner becomes incompatible with the requirements of her job.
2. An employee applying for Maternity Leave under Plan B must sign an agreement with the Employer providing that:
(a) she will return to work and remain in the employ of the Employer in either full-time or part-time status for at least six (6) months following her return to work; where a full-time employee is the successful applicant for a part-time position which commences on the date of her return from Maternity Leave or at any time during the six (6) months following her return from Maternity Leave, she must remain in the employ of the Employer and iiwork the working hours remaining in the balance of the six (6) no later months of the full-time employment; and
(b) she will return to work on the date of the expiry of her Maternity Leave and, where applicable, her Parental Leave unless this date is modified as follows:
(c) An employee may end Maternity or Parental Leave earlier than the actual birth expiry date and ends no later than 17 weeks after of the leave beginsby giving the Employer written notice at least two (2) weeks or one pay period, whichever is longer, before the day the employee wants to end the leave.
(d) An employee who requests leave after giving birth should she fail to a child is entitled return to up work as provided under either of clauses 26.08(a)(ii)(2)(a) or (b) above, she shall be indebted to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on Employer for the date full amount of the birth and ends no later than 17 weeks after that datematernity leave allowance paid to her by the Employer during her entire period of Maternity Leave. Accordingly, she shall re-pay to the Employer the full amount of the maternity leave allowance.
(e) in the event the employee does not complete the full period of service as required under Part (a) and (b) above, she shall repay a portion of the “top up” as follows: Monetary value of top up provided (value is based on hours paid at regular (based on monetary value)
3. An employee who requests leave after the termination of the employee’s pregnancy is qualifies under clause 26.08(a)(ii)(1) will be entitled to up to 6 consecutive a Maternity Leave consisting of:
(a) a period not exceeding seventeen (17) weeks of unpaid leave, which must be taken during the period that begins if delivery occurs on or before the date of delivery specified in the termination of the pregnancy and ends no later than 6 weeks after that date.certificate provided under clause 26.08(a)(ii)(1)(b), or
(fb) An employee who requests leave is entitled to up to 6 a period of seventeen (17) weeks plus an additional consecutive weeks of unpaid leave if, for reasons related period equal to the birth or period between the termination date of delivery specified in the pregnancycertificate and the actual date of delivery, if delivery occurs after the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (edate mentioned in that certificate provided under clause 26.08(a)(ii)(1)(b).
(gc) A request for the Employer may, notwithstanding the above, vary the length of Maternity Leave upon receipt of a certificate from a duly qualified medical practitioner.
4. During the period of Maternity Leave, an employee who qualifies under Plan B will be entitled to a ‘maternity leave mustallowance’ with the SUB Plan as follows:
i(a) for the first two (2) weeks an employee shall receive ninety-three percent (93%) of her normal weekly earnings which will be given in writing paid as a single sum amount;
(b) for up to a maximum of fifteen (15) additional weeks, bi-weekly payments equal to the Employer,
ii) if difference between the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day EI benefits the employee proposes is eligible to begin leave, and
iiireceive and ninety-three percent (93%) if required by the Employer, of her normal weekly earnings; this difference will be accompanied by paid as a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)single sum amount.
(h) If an employee on leave under subsection (c) or all other time absent as may be provided under this clause shall be an unpaid leave of absence.
(d) proposes for the purposes of this clause, normal weekly earnings shall mean the employee’s gross earnings less all deductions for the period of time reported to return EI.
5. Plan B does not apply to work earlier than 6 weeks after giving birth to the childregular part time employees, the Employer may require the employee to give the Employer temporary part time employees, or casual employees.
6. Maternity Leave under Plan B shall be an unpaid leave of absence. Income protection credits and vacation entitlement shall not accrue during this leave of absence.
7. Benefits will not accumulate during a maternity leave of absence. However, accumulated Income Protection Credits, required because of a medical practitioner’s or nurse practitioner’s certificate stating condition directly attributable to pregnancy, will be granted to employees under the employee is able to resume worksame conditions as other sick leave benefits are granted.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) i. no earlier than 13 weeks before the expected birth date, and and
ii) . no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) i. be given in writing to the Employer,
ii) . if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) . if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical Meical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no No earlier than 13 weeks before the expected birth date, and ii) no No later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) ), and (e).
(g) A request for leave must:
i) be Be given in writing to the Employer,
ii) if If the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if If required by the Employer, be accompanied by a medical practitioner's ’s or nurse practitioner's ’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. 25.1.1 Female employees shall be entitled to Maternity Leave and subject to this clause the normal maximum entitlement is 52 weeks which can be comprised of paid or unpaid leave or a combination of both.
25.1.2 Subject to this clause and unless otherwise approved, the compulsory Maternity Leave period normally commences six weeks prior to the expected date of birth and continues until six weeks after the date of birth. provided that:
(a) if the birth occurs no more than 20 weeks before the expected date, Maternity leave shall not constitute cause for dismissalLeave commences on the date of birth.
(b) Medical complications employees may continue to work within the six- week period before the expected date of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing birth if a doctor’s certificate is produced declaring that the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(cfit for work until a specified date. iii) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, if the employee is unable wishes to return to work when before the end of the six-week period following the date of birth the same requirements apply.
25.1.3 If the employee does return to work early they are entitled to use the remaining part of the 12 weeks paid leave ends consistent with (c), (d) and (e)at anytime during the 52 week period.
(g) A request 25.1.4 Unless the employee has completed the 12 months qualifying period she is not entitled to be paid for leave mustMaternity Leave, provided that:
i(a) If the employee has at least 12 months qualifying period the employee is entitled to full pay for the first 12 weeks of leave, whether the leave is continuous or taken in broken periods. The remainder of the absence may be given in writing covered by annual leave, Long Service Leave or Leave Without Pay, and,
(b) If the employee completes 12 months service during the first 12-week period of Maternity Leave she will be entitled to be paid Maternity Leave for the remainder of the 12 week period according to the Employer,sub clause above.
ii25.1.5 Employees may have access to paid personal leave during the period of Maternity Leave (other than the 12 week required absence) but only if a medical certificate is supplied and the delegate is satisfied that the nature of the illness is such it makes the employee unfit for work.
25.1.6 Periods of paid leave and the 12 weeks required absence (paid or unpaid) count as service. All other periods of unpaid leave do not count for service for any purpose but do not break continuity of service.
25.1.7 It is unlawful for management to discriminate against an employee because of pregnancy.
25.1.8 Any salary/allowance payments that normally would be paid during the period of leave may be paid in advance if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f)so wishes.
(h) 25.1.9 If an employee is receiving Higher Duties Allowance before going on Maternity Leave she may be entitled to continued payment for all or part of the period of leave, subject to the approving delegate certifying that she would have continued to receive the higher duties but for the period of leave.
25.1.10 Superannuation contributions are payable during all periods of paid leave under subsection and the 12 week required absence, whether paid or unpaid.
25.1.11 On return to work the employee will be placed in the same position that she vacated if available. If the position is not available she will be placed in a similar position.
25.1.12 If an employee becomes pregnant while on Maternity Leave she would be entitled to a second period of Maternity Leave. Whether it is necessary for the employee to resume duty before proceeding on the second period of Maternity Leave depends on the expected date of the second birth.
25.1.13 By mutual agreement a female employee may work part-time for one
(c1) or more periods at any time from the seventh week after the date of birth of her child until its second birthday.
25.1.14 Where there is an entitlement to a 12-week period of paid Maternity Leave, the number of hours per week payable shall be the greater of either (a) or (db):
(a) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating where the employee is able working full-time immediately prior to resume workproceeding on Maternity Leave, the employee shall be paid for full-time hours;
(b) where the employee has been working both full- time and part-time over the five 5-year period preceding the Maternity Leave, the employee shall be entitled to payment for the average hours per week worked over that period.
25.1.15 Paid Maternity Leave is payable at the hourly rate applicable immediately before the employee proceeds on leave, or at the relevant hourly rate applicable to the employee's classification (i.e. rate under this Agreement is varied whilst employee is on Maternity Leave).
Appears in 1 contract
Sources: Sydney Symphony Orchestra (Corporate Staff) Agreement 2007
Maternity Leave. An employee who qualifies for Maternity Leave may apply for such leave in accordance with either Maternity Leave Plan ‘A’ or Maternity Leave Plan ‘B’, but not both.
(i) Maternity Leave Plan “A” (Plan A):
1. Plan A will provide an employee with up to seventeen (17) weeks of Maternity Leave without pay subject to the following conditions:
(a) The employee shall submit a written request for Maternity leave shall Leave under Plan A to the Employer not constitute cause for dismissallater than the end of the fifth (5th) month of pregnancy and not less than one (1) month before the intended start date of the Maternity Leave.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated If requested by the Employment Insurance Actemployee, shall Maternity Leave of shorter duration may be covered by sick leave credits providing granted at the employee is not in receipt discretion of maternity benefits under the Employment Insurance Act or any wage loss replacement planEmployer.
(c) A pregnant employee who requests maternity leave The Employer is entitled to up require an employee to 17 consecutive weeks stop work in the case of unpaid leave, which must be taken during unsatisfactory job performance or if the period that begins:
i) no earlier than 13 weeks before state of her health as verified by a duly qualified medical practitioner becomes incompatible with the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsrequirements of her job.
(dii) An Maternity Leave Plan “B” (Plan B):
1. In order to qualify for Plan B, a pregnant employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i(a) be given in writing to the Employer,
ii) if the submit a written request is made during the pregnancy, be given for Maternity Leave under Plan B to the Employer at least 4 four (4) weeks before the day date specified in her application as the date on which she intends to commence such leave;
(b) provide the Employer with a certificate from a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery;
(c) provide the Employer with proof that she has applied for Employment Insurance (EI) benefits and that Service Canada has agreed that the employee proposes qualifies for and is entitled to begin leave, andEI benefits pursuant to the Employment Insurance Act;
iii(d) if required by the Employer, be accompanied by employed as a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or regular full time employee as of the date the pregnancy terminated Maternity Leave is to commence;
1.1 The Employer is entitled to require an employee to stop work in the case of unsatisfactory job performance or stating if the reasons for requesting additional leave under subsection (f)state of her health as verified by a duly qualified medical practitioner becomes incompatible with the requirements of her job.
2. An employee applying for Maternity Leave under Plan B must sign an agreement with the Employer providing that:
(ha) If an employee on leave under subsection (c) or (d) proposes to she will return to work earlier than 6 weeks after giving birth to and remain in the child, employ of the Employer may require the employee to give the Employer a medical practitioner’s in either full-time or nurse practitioner’s certificate stating the employee is able to resume work.part-time status for at least six
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave.
26:01 An employee who qualifies for Maternity Leave may apply for such leave in accordance with either Plan A or Plan B but not both.
26:02 In order to qualify for Plan A, a pregnant employee must:
(a) Maternity leave shall not constitute cause Have completed seven (7) continuous months of employment for dismissal.or with the Corporation;
(b) Medical complications Submit to the Corporation 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 Corporation with a certification of pregnancy, including complications during a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery.
26:03 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 Article 26:02(c); or
(b) A period of seventeen (17) weeks plus an unpaid leave of absence for maternity reasons preceding additional period equal to the period stated by between the Employment Insurance Actdate of delivery specified in the certificate mentioned in Article 26:02(c) and the actual date of delivery, shall be covered by sick leave credits providing if delivery occurs after the employee is not date mentioned in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement planthat certificate.
(c) A pregnant The Corporation may vary the length of Maternity Leave upon proper certification by the attending physician.
26:04 Effective the first of the week following the date of signing of the Collective Agreement, and employee who requests has been granted maternity leave is entitled shall be permitted to apply up to 17 consecutive weeks a maximum of unpaid leavefive (5) days of her accumulated sick leave against the Employment Insurance waiting period.
(a) In the week immediately following the discontinuation of payments of Employment Insurance Maternity benefits if the employee does not receive Employment Insurance Parental Benefits; or
(b) In the week immediately following the discontinuation of payments of Employment Insurance Parental benefits, which must if the employee receives Employment Insurance Parental benefits immediately following the discontinuation of Employment Insurance Maternity benefits. Should an employee not be taken required to serve any waiting period before the commencement of Employment Insurance benefits, she will be permitted to apply p to ten (10) days of her accumulated sick leave as in paragraph (a) or (b) above. Should the employee not return to work following her maternity leave for a period of employment sufficient for the re-accumulation of the number of sick days granted, 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 that beginsof return shall be counted as days worked.
26:05 In order to qualify for Plan B a pregnant employee must:
i(a) no earlier than 13 Have completed seven (7) continuous months of employment for or with the Corporation;
(b) Submit to the Corporation an application in writing for leave under Plan B at least four (4) weeks before the expected birth date, day specified by her in the application as the day on which she intends to commence such leave;
(c) Provide the Corporation with a certificate of a duly qualified medical practitioner certifying that she is pregnant and ii) no later than specifying the actual birth estimated date and ends no later than 17 weeks after the leave begins.of her delivery;
(d) An Provide the Corporation with proof that she has applied for Employment Insurance benefits and that Human Resources and Skills Development (HRSD) has agreed that the employee who requests leave after giving birth to a child has qualified for and is entitled to up such Employment Insurance benefits pursuant to 17 consecutive weeks Section 22, Employment Insurance Act.
26:06 An applicant for Maternity Leave under Plan B must sign an agreement with the Corporation providing that:
(a) She will return to work and remain in the employ of unpaid leavethe Corporation 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 29, which must be taken during the period that begins she will return to work on the date of the birth and ends no later than 17 weeks after that dateexpiry of her Maternity Leave; and
(c) If she does take Parental Leave as provided in Article 29, 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 Corporation for the full amount of pay received from the Corporation as a maternity allowance during her entire period of Maternity Leave.
(e) An employee who requests leave after Should she return to work as provided above, but fail to complete her return to service commitment, she is indebted to the termination Corporation for a prorated amount based on the number of months she has remaining on her return service commitment, rounded to the nearest full week.
26:07 At the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leaverequest, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An Corporation may authorize an employee who requests has received maternity leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable under Plan B to return to work when on a part-time basis for a period of twelve (12) months.
26:08 An employee who qualifies is entitled to a Maternity Leave consisting of:
(a) A period not exceeding seventeen (17) weeks if delivery occurs on or before the employee leave ends consistent with date of delivery specified in the certificate mentioned in Article 26:05(c); or
(c), b) A period of seventeen (d17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in Article 26:05(c) and (e)the actual date of delivery, if delivery occurs after the date mentioned in that certificate.
(gc) A request for leave must:The Corporation may vary the length of Maternity Leave upon proper certification by the attending physician.
i) be given in writing to 26:09 Effective the Employer,
ii) if first of the request is made week following the date of signing of the Collective Agreement, during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin period of maternity leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection who qualifies is entitled to a Supplement to Employment Insurance (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.EI)
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. A female employee who has completed six (6) consecutive months employment with MTS, MTS Communications Inc. shall be granted Maternity Leave under one of two Plans:
1. Plan A – Maternity Leave without pay, or
2. Plan B – Supplemental Maternity Allowance Plan. The following terms and conditions shall apply to both Plans:
(a) Maternity leave The employee shall not constitute cause submit to MTS, MTS Communications Inc., a written application for dismissalLeave 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.
(b) Medical complications The employee shall provide MTS, MTS Communications Inc. with a certificate from a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plandelivery.
(c) A pregnant employee who requests maternity leave is entitled Maternity Leave will be granted for a period not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate mentioned in (b); or if delivery occurs after the date mentioned in the certificate – seventeen (17) weeks plus an additional period equal to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
ibetween the date of delivery specified in the certificate mentioned in (b) no earlier than 13 weeks before the expected birth date, and ii) no later than the actual birth date and ends no later than 17 weeks after the leave beginsof delivery.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive Maternity Leave shall commence no earlier than eleven (11) weeks of unpaid leave, which must be taken during the period that begins on preceding the date of specified in the birth certificate mentioned in (b) and ends shall terminate no later than 17 seventeen (17) weeks after that datefollowing the actual date of delivery.
(e) An employee who requests leave after wishes to resume her employment on expiration of her Maternity Leave shall be reinstated in the termination of position occupied by her at the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leavetime such Leave commenced or in a comparable position, which must be taken during with not less than the period that begins on the date of the termination of the pregnancy same wages and ends no later than 6 weeks after that datebenefits.
(f) An For an employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave ifgranted Maternity Leave, for reasons related to the birth or the employment after termination of the pregnancy, Leave shall be deemed continuous with employment before the employee is unable to return to work when commencement of the employee leave ends consistent with (c), (d) and (e)Leave.
(g) A request An employee who remains absent from work for leave must:
ia period in excess of seventeen (17) weeks following the actual date of delivery shall forfeit the right to be given reinstated (except as in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth above). MTS, MTS Communications Inc. may consider an extension of time based on the merits of each individual case. The request shall be submitted in writing prior to the child, expiration of the Employer may require the employee to give the Employer seventeen (17) week period. Note 1: Maternity Leave shall not exceed a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workTOTAL period of more than seventeen (17) weeks except as provided in (c) above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) i. no earlier than 13 weeks before the expected birth date, and ii) . no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) i. be given in writing to the Employer,
ii) . if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) . if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(ci) A pregnant employee who requests maternity leave under this ▇▇▇▇▇▇ is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins:
i(1) no earlier than 13 thirteen (13) weeks before the expected birth date, and iiand
(2) no later than the actual birth date date, and
(3) and ends no later than 17 seventeen (17) weeks after the leave begins.
(dii) An employee who requests leave under this Clause after giving birth to a child is entitled to up to 17 seventeen (17) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 seventeen (17) weeks after that date.
(eiii) An employee who requests leave under this Clause after the termination of the employee’s 's pregnancy is entitled to up to 6 six (6) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 six (6) weeks after that date.
(fiv) An employee who requests leave under this Clause is entitled to up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with under subsection (ci), (dii) and or (eiii).
(gv) A request for leave must:
i(1) be given in writing to the Employer,
ii(2) if the request is made during the pregnancy, be given to the Employer at least 4 four (4) weeks before the day the employee proposes to begin leave, and
iii(3) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (fiv).
(hvi) If an employee on leave under subsection (ci) or (dii) proposes to return to work earlier than 6 six (6) weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s 's or nurse practitioner’s 's certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins:
i) i. no earlier than 13 weeks before the expected birth date, and ii) . no later than the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee leave ends consistent with (c), (d) and (e).
(g) A request for leave must:
i) i. be given in writing to the Employer,
ii) . if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) . if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity leave shall not constitute cause for dismissal.
(b) Medical complications of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement plan.
(c1) A pregnant employee who requests maternity leave under this subsection is entitled to up to 17 consecutive weeks of unpaid leaveleave without loss of seniority, which must be taken during the period that begins:
i) begins no earlier than 13 thirteen (13) weeks before the expected birth date, date and ii) no later than the actual birth date date, and ends no later than 17 weeks after the leave begins. Benefit entitlement during the employee’s period of maternity leave will be in accordance with the Employment Standards Act.
2) A request for leave under subsection (d1) must be given in writing to the Employer at least four (4) weeks before the day the employee proposes to start the maternity leave and must be accompanied by a medical practitioner’s certificate stating the expected date of birth and when the employee will be starting leave.
3) An employee who requests employee’s maternity leave must end no earlier than six (6) weeks after giving birth to the child unless the employee makes a child request to the Employer to return to work earlier and provides the Employer with a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.
4) An employee is entitled to request an unpaid leave of up to 17 six (6) consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.
(e) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks 's pregnancy, without loss of unpaid leaveseniority, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f5) An employee who requests employee’s leave is entitled to under subsection (1) or subsection (4) may be extended by up to 6 six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, the employee is unable to return to work when the employee employee’s leave ends consistent with under subsection (c1) or (4), (d) and (e).
(g) A . The request for leave must:
i) must be given submitted in writing to the Employer,
ii) if the request is made during the pregnancy, be given to the Employer at least 4 two (2) weeks before prior to the day employee’s return to work date and must specify the length of the extension and the revised date the employee proposes to begin leave, and
iii) if required by the Employer, will be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes available to return to work earlier work.
6) An employee’s maternity leave may start sooner than 6 thirteen (13) weeks after giving birth prior to the childexpected delivery date, as set out in subsection (1), where the pregnant employee’s attending physician certifies that the health of the pregnant employee or the child may be in danger by the pregnant employee continuing to work.
7) The employee returning to work after maternity leave shall provide to the Employer at least four (4) weeks prior notice of their intention to return. The Employer will offer the employee, without loss of seniority, the Employer same position if it remains established, or, if it does not remain established, the provisions of Article 12 shall apply. Benefit coverage may require be maintained during the period of separation under the present cost-sharing arrangements, provided the employee to give pays their share of the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workpremiums.
Appears in 1 contract
Sources: Collective Agreement
Maternity Leave. (a) Maternity An employee who becomes pregnant shall notify the Employer at least two (2) weeks prior to the date on which they plan to begin their maternity leave of their intention to do so. This written notice must include the date on which they intend to begin their maternity leave, and a letter from their doctor indicating the baby’s due date.
i) Subject to sub-clause c) of this clause, an employee who becomes pregnant shall be granted twenty-eight (28) weeks of leave without pay. This leave may begin at any time within seventeen (17) weeks of the baby’s due date and extends beyond the date of the baby’s birth until the twenty-eight (28) weeks have expired.
ii) Notwithstanding sub-clause b) i):
1. where the employee has not yet proceeded on maternity leave without pay and new newborn child is hospitalized, or
2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which their newborn child is hospitalized, the period of maternity leave without pay defined in sub-clause b) i) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks;
3. the extension described above shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
c) The Employer may:
i) upon written request from the employee, defer commencement of maternity leave without pay of an employee or terminate it before the full twenty-eight (28) weeks have expired;
ii) grant maternity leave without pay to an employee to commence earlier than seventeen (17) weeks before the expected termination of their pregnancy;
iii) where maternity leave without pay is requested, require an employee to submit a medical certificate certifying pregnancy.
d) Leave granted under this clause shall be counted in the calculation of ‘continuous employment’ for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall not constitute cause be counted for dismissalseniority and pay increment purposes. During such leave, the Employer will continue to pay its applicable share of pension and benefit plans.
(bi) Medical complications An employee who provides the Employer with proof that they have applied for and are eligible to receive employment insurance benefits pursuant to applicable provisions of pregnancy, including complications during an unpaid leave of absence for maternity reasons preceding the period stated by the Employment Insurance Act, shall be covered by sick leave credits providing the employee is not in receipt of maternity benefits under the Employment Insurance Act or any wage loss replacement Québec Parental Insurance Plan, shall be paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan. While in receipt of this allowance, the employee shall continue to accumulate annual leave and sick leave credits.
ii) Employees shall have no vested right to payments under the plan, except to payments during a period of unemployment specified in the plan.
(ciii) A pregnant employee who requests maternity leave is entitled to up to 17 consecutive weeks Payments in respect of unpaid leave, which must be taken during guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments under the period that beginsplan.
f) An applicant under sub-clause e) of this clause shall sign an agreement with the Employer providing:
i) no earlier than 13 that the employee will return to work and remain in the Employer’s employ for a period equivalent to the number of weeks before that they received the expected birth date, and allowance specified in 17.04 (e) (i) up to a maximum of sixteen (16) weeks;
ii) no later than that the actual birth date and ends no later than 17 weeks after the leave begins.
(d) An employee who requests leave after giving birth will return to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins work on the date of the birth and ends no later than 17 weeks after that dateexpiry of their maternity leave, unless this date is modified with the Employer’s consent.
(ei) An employee who requests leave after the termination of the employee’s pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date.
(f) An employee who requests leave is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, Should the employee is unable fail to return to work when in accordance with the employee leave ends consistent with (cprovisions of sub-clause f) i), (dor should they return to work but fail to work for the total period specified in provisions of sub-clause f) and (ei).
(g) A request for leave must:
i) , they will be given in writing indebted to the Employer,Employer for an amount determined as follows: (Allowance received) X (remaining period to be worked following their return to work) total period to be worked as specified in f) i)
ii) the repayment provided for in 17.04 g) i) will not apply in situations of:
1. death,
2. lay off,
3. early termination due to lack of work or discontinuance of function of a specified period of employment that would have been sufficient to meet the obligation specified under sub-clause f) i),
4. the end of a specified period of employment, if the request is made during the pregnancy, be given to the Employer at least 4 weeks before the day the employee proposes to begin leave, and
iii) if required by the Employer, be accompanied by a medical practitioner's or nurse practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (f).
(h) If an employee on leave under subsection (c) or (d) proposes to return to work earlier than 6 weeks after giving birth to the child, the Employer may require the employee to give the Employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume workrehired by the Employer within six (6) months following the end of the obligations specified in sub-clause f) i), or
5. has become disabled.
Appears in 1 contract
Sources: Collective Bargaining Agreement