ARTICLE 21 - Pregnancy/Parental/Adoption Leave

Pregnancy Leave with Supplemental Benefits

21:01   A member who is pregnant shall be entitled to leave according to the terms of this Article 21 if they are paid and employed by the University. The member shall be entitled upon the member’s application to a pregnancy leave of at least seventeen (17) weeks from their employment, or such shorter pregnancy leave as the member may request, commencing no earlier than the earlier of:

(i)    the day that is seventeen (17) weeks before their due date; and

(ii) the day on which they give birth.

21:02 Clause 21:01 (ii) does not apply with respect to a pregnancy that ends with a still-birth or miscarriage.

21:03 The member shall give the Dean or Head as designate of the Dean two (2) weeks notice in writing of the day upon which they intend to commence their pregnancy leave and furnish the Dean or Head as designate of the Dean with the certificate of a legally qualified medical practitioner stating that they are pregnant and giving the estimated day upon which delivery will occur in their opinion.

21:04 A member who has given notice to begin pregnancy leave, may begin the leave,

(a) on an earlier day than was set out in the notice, if the member gives the Dean or Head as designate of the Dean a new written notice at least two (2) weeks before that earlier day; or

(b)   on a later day than was set out in the notice, if the member gives the Dean or Head as designate of the Dean a new written notice at least two (2) weeks before the day set out in the original notice.

21:05   If a member stops working because of a complication caused by their pregnancy or because of a birth, still-birth or miscarriage that occurs earlier than the due date, clause 21:03 does not apply and the member shall, within two (2) weeks after stopping work, give the Dean or Head as designate of the Dean,

(a) written notice of the day the pregnancy leave began or is to begin; and

(b) if the Dean or Head as designate of the Dean requests it, a certificate from a legally qualified medical practitioner stating:

(i) in the case of a member who stops working because of a complication caused by their pregnancy, that they are unable to perform the duties of their position because of the complications and stating their due date;

(ii) in any other case, the due date and the actual date of the birth, still-birth or miscarriage.

21:06 (a) A member’s pregnancy leave ends,

(i) if they are entitled to parental leave, seventeen (17) weeks after the pregnancy leave began;

(ii) if they are not entitled to parental leave, on the day that is the later of: seventeen (17) weeks after the pregnancy leave began, or twelve (12) weeks after the birth, still-birth or miscarriage.

(b) A member may end their leave earlier than the day set out in clause 21:06 (a) by giving the Dean, or Head as designate of the Dean, written notice at least four (4) weeks before the day the member wishes to end their leave.

(i) on an earlier day than was set out in the notice, if the member gives the Dean, or Head as designate of the Dean, a new written notice at least four (4) weeks before the earlier day; or

(ii) on a later day than was set out in the notice, if the member gives the Dean, or Head as designate of the Dean, a new written notice at least four (4) weeks before the day indicated in the original notice.

(d) A member who takes pregnancy leave shall not terminate their employment before the leave expires or when it expires without giving the Dean, or Head as designate of the Dean, at least four (4) weeks written notice of the termination.

21:07 (a) In addition to the rights to pregnancy leave granted under the foregoing clauses of this Article 21 and where a member is in receipt of Employment Insurance pregnancy leave benefits as provided by the Government of Canada, a member shall be entitled to receive sixteen (16) weeks of such pregnancy leave at one hundred percent (100%) of the member’s normal salary less amounts received from Employment Insurance.

(b) Where a member is not in receipt of Employment Insurance benefits by reason of insufficient length of qualifying employment such member shall be entitled to sixteen (16) weeks of such pregnancy leave at one hundred percent (100%) of the member’s normal salary.

(c) The member is required to furnish proof of their application, receipt or non-receipt of Employment Insurance benefits and such other supporting documentation as may reasonably be requested in support of a claim for compensation pursuant to parts (a) and (b) above.

(d) In addition to the amount paid in either part (a) or (b) above, the member shall also be entitled to one hundred percent (100%) of her normal salary during the first week of the member’s pregnancy leave.

21:08 Nothing in this Article shall prevent a member from claiming sick leave for absences from work due to illnesses related to the member’s pregnancy. However, once a member begins leaves under this Article, they may not suspend the leave in order to claim sick leave and they may not claim pregnancy, parental or extended parental leave and sick leave at the same time.

Parental Leave on the Occasion of the Birth of a Child

21:09 On the occasion of the birth of a child, a member who is a parent and is paid and employed by the University shall be entitled to parental leave. Parental leave of an employee who has taken pregnancy leave shall begin when the pregnancy leave ends or in accordance with the circumstances as described in the Employment Standards Act. A member’s parental leave must begin no later than seventy-eight (78) weeks after the day the child is born. Parental leave ends sixty-one (61) weeks after it began if the member also took pregnancy leave, and sixty-three (63) weeks after it began otherwise.

21:10   On the occasion of the birth of a child, the child’s parent who is not taking pregnancy leave under Article 21 shall be
   entitled to a leave with full salary and benefits of up to seven (7) days, to be taken at the discretion of the member within
   four (4) weeks of the birth of the child. The member taking such leave shall give the Dean, or Head as designate of the
   Dean, as much notice as possible. This leave shall be counted towards the number of days eligible for Parental Leave
   benefit.

21:11 During the period of parental leave as specified in this Article, a member shall be entitled to receive compensation from the University as follows: the University shall pay the member an amount equal to the difference between the Employment Insurance benefits received by the member, if any, and one hundred percent (100 %) of the member’s Normal Salary for the first twelve (12) weeks of Parental Leave. Where pregnancy leave with pay has been taken, the total duration of pregnancy leave with pay under clause 21:07 or 21:24 and the parental leave with pay under this clause shall not exceed twenty-six (26) weeks.

Parental Leave on the Occasion of the Adoption of a Child

21:12 On the occasion of the adoption of a child and the coming of the child into the member’s care, custody and control for the first time, a member, who is a parent and who is paid and employed by the University, is entitled to parental leave of up to sixty-three (63) weeks. A member’s parental leave may begin no later than seventy-eight (78) weeks after the date their child first came into their care, custody and control.

21:13   On the occasion of the adoption of a child coming into the care, custody and control of a parent for the first time, the child’s parent shall be entitled to a leave with full salary and benefits of up to seven (7) working days, to be taken at the discretion of the member within four (4) weeks of the adoption of the child. The member taking such leave shall give the Dean, or Head as designate of the Dean, as much notice as possible. This leave shall be counted towards the number of days eligible for Parental Leave benefit.

21:14   Where a member has adopted a child who has come into the member’s care, custody and control for the first time and the member is taking a parental leave pursuant to Article 21 such member shall be entitled to the same entitlements, terms and conditions under clause 21:07 for the first seventeen (17) weeks. For the proceeding twenty (20) weeks the member shall be entitled to the same entitlements, terms and conditions under clause 21:11.

21:15 A parental leave shall be granted upon at least two (2) weeks notice to the Dean, or Head as designate of the Dean, of the commencement of such leave. However, such notice shall not apply if the member stops working because the child comes into the care, custody and control of the parent sooner than expected. In such case, the parental leave shall begin on the day the member stops working.

21:16 Where a member has adopted a child who has come into the member’s care, custody and control for the first time and the member is taking a parental leave pursuant to Article 21, parental benefits leave may be increased by fifteen (15) weeks if the child suffers from a physical, psychological or emotional condition that requires extended care, or who otherwise requires special care. A certificate from a licensed professional in the appropriate discipline confirming the requirement for special or extended care shall be supplied to the Dean, or Head as designate of the Dean.

Extended Parental Leave

21:17 An extended parental leave without pay, up to a maximum of seventeen (17) weeks, shall be given to any member who has been employed by the University for at least twelve (12) months immediately preceding the commencement of a parental leave. The member shall give written notice of the member’s intention to take extended parental leave to the Dean, or Head as designate of the Dean, normally at least one (1) month prior to the commencement of the extended parental leave.

General

21:18 If a member wishes to take less than their full entitlement of parental leave, the member shall give written notice to the Dean, or Head as designate of the Dean, of their intention to return to work at least four (4) weeks prior to the expected date of return.

21:19 The provisions of this Article 21 shall not preclude the making of alternative arrangements acceptable to the member and the Dean, after consultation with the Head. The member has the right to ask the Association for representation. The Dean shall provide the Association with a copy of the alternative arrangements.

21:20 During leaves under this Article, a member shall continue to participate in the pension plan and the other benefit plans set out in this Agreement. The member and the University shall each continue to pay their applicable share of contributions and/or premiums, unless the member elects not to do so in writing. Members may arrange to pay their benefits by providing the University with post-dated cheques.

21:21 Upon the member’s return to work, the University shall reinstate a member who has taken leaves under this Article to the member’s former position with the member’s full Normal salary and benefits as provided for under this Agreement, as amended. The period of a member’s leave shall be included in the calculation of the member’s length of service for seniority purposes.

21:22   A member who has taken pregnancy/parental/adoption leave (with or without pay) or a period of reduced responsibility to fulfill parental responsibilities following the birth or adoption of a child may elect by notice in writing, in a letter directed to the Provost, to have the member’s consideration for tenure extended for one (1) year. The Faculty Association shall be notified in writing as soon as possible. For consideration of a delay for a period longer than one (1) year, the member may make an application pursuant to clause 12:05 (e).

21:23   The parties agree that the provisions of this Article shall be no less than those in the Ontario Employment Standards Act and as may be further amended. Differences in the interpretation of this Article shall be resolved based on consistency with the Act.

21:24 If a member who is a “parent” as defined by the Employment Standards Act assumes the primary childcare responsibility upon the birth or adoption of a child, the pregnancy leave benefits under this agreement shall apply provided that the other parent is not simultaneously on pregnancy leave.

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