Common use of Special Maternity Allowance for Totally Disabled Employees Clause in Contracts

Special Maternity Allowance for Totally Disabled Employees. (a) An employee who : fails to satisfy the eligibility requirement specified in subparagraph solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long Term Disability Insurance portion of the Public Service Management Insurance Plan or the Government Employees Compensation Act prevents her from receiving Employment Insurance pregnancy benefits, and, has satisfied all of the other eligibility criteria specified in paragraph other than those specified in sections (A) and of subparagraph shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph the difference between ninety-three percent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the Plan or via the Government Employees CompensationAct. An employee shall be paid an allowance under this clause and under clause for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section of the Employment had she not been disqualified from Employment Insurance pregnancy benefits for the reasons described in subparagraph Transitional Provisions If, on the date of signature of the Memorandum of Agreement modifying the provisions of this Article, an employee is currently on maternity leave without pay or has requested a period of maternity leave but the leave, she shall upon request be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested.

Appears in 2 contracts

Samples: Agreement, Agreement

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Special Maternity Allowance for Totally Disabled Employees. (a) An employee who who: fails to satisfy the eligibility requirement specified in subparagraph solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long Term Disability Insurance portion of the Public Service Management Insurance Plan or the Government Employees Compensation Act prevents her from receiving Employment Insurance pregnancy or Québec Parental Insurance maternity benefits, and, and has satisfied all of the other eligibility criteria specified in paragraph other than those specified in sections (A) and of subparagraph shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph the difference between ninety-three percent per cent (93%) of her weekly rate of pay and the market allowance, and the gross amount of her weekly disability benefit under the DI Plan, the Plan or via the Government Employees CompensationActCompensation Act. An employee shall be paid an allowance under this clause and under clause for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy maternity benefits pursuant to Section of under the Employment Insurance or Québec Parental Insurance plans had she not been disqualified from Employment Insurance pregnancy or Québec Parental Insurance maternity benefits for the reasons described in subparagraph Transitional Provisions If, on the date of signature of the Memorandum of Agreement modifying the provisions of this Article, Parental Leave Without Where an employee is currently on maternity has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in 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. Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period beginning on the day on which the child comes into the employee's care. Notwithstanding paragraphs (a) and above, at the request of an employee and at the discretion of the Employer, the leave referred to in the paragraphs (a) and above may be taken in two periods. Notwithstanding paragraphs (a) and where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has requested not yet proceeded on parental leave without pay, or where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized, the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of maternity the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee's care. An employee intends to request parental leave but without pay shall notify the leave, she shall upon request be entitled to Employer at least four (4) weeks in advance of the provisions of this Article. Any application must be received before the termination expected date of the birth of the employee's child (including the child of a common-law spouse), or the date the child is expected to come into the employee's care pursuant to paragraphs (a) and The Employer may: defer the of parental leave period originally requestedwithout pay at the request of the employee; grant the parental leave without pay with less than four (4) weeks' notice; require an employee to submit a birth certificate or proof of adoption of the child. Leave granted under this clause shall count 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 count for pay increment purposes.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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