ARTICLE 24 - Compassionate Leave, Family Medical Leave, and Critically Ill Child Care Leave
Compassionate Leave
24:01 It is recognized that certain emergencies and other circumstances such as death or serious illness requiring immediate and short term absences from the University may arise in a member's personal life. Notification of absence shall be given to the Head (or Associate University Librarian, or Law Librarian) who will notify the Dean or University Librarian as appropriate prior to departure or as soon as possible thereafter. The length of absence with full salary and all other rights, privileges and benefits shall be determined by the Dean or University Librarian or Law Librarian in consultation with and following the approval of the Provost as appropriate in accordance with this clause 24:01. Clause 24:01 does not apply to circumstances in which a member is entitled to Family Medical Leave or Critically Ill Child Care Leave under this Article 24.
Family Medical Leave
24:02 Family Medical Leave
(a) A member is entitled to a leave of absence in accordance with the provisions of Section 49.1 of the Ontario Employment Standards Act and with the benefits described below.
(b) A member who is qualified for Employment Insurance benefits, whether that member has applied for Employment Insurance benefits or not, is eligible for a supplementary employment benefit of one hundred percent (100%) of the member’s normal salary for the two week Employment Insurance waiting period, and the difference between the Employment Insurance benefits to which the member is entitled and one hundred percent (100%) of her/his normal salary for the next two weeks of leave and the difference between the Employment Insurance benefits to which the member is entitled and eighty percent (80%) of the member’s normal salary for the following four (4) weeks of leave.
(c) The member who is not qualified for Employment Insurance benefits shall be paid 100% of the member’s normal salary for the first four (4) weeks of such leave. The member shall be paid eighty percent (80%) of the member’s normal salary for the following four (4) weeks of the member’s leave.
(d) Family member means:
(i) the member's spouse (including same-sex spouse),
(ii) a parent, step-parent or foster parent of the member or of the member’s spouse,
(iii) a child, step-child or foster child of the member or the member's spouse,
(iv) a brother, step-brother, sister or step-sister of the member,
(v) a grandparent or step-grandparent of the member or of the member’s spouse,
(vi) a grandchild or step-grandchild of the member or of the member’s spouse,
(vii) a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the member,
(viii) a son-in-law or daughter-in-law of the member or of the member’s spouse,
(ix) an uncle or aunt of the member or of the member’s spouse,
(x) a nephew or niece of the member or of the member’s spouse,
(xi) the spouse of the member’s grandchild, uncle, aunt, nephew or niece, or
(xii) any individual prescribed as a family member under legislation for the purpose of this article.
Critically Ill Child Care Leave
24:03 Critically Ill Child Care Leave
(a) A member is entitled to a leave of absence in accordance with the provisions of Section 49.4 of the Ontario Employment Standards Act and with the benefits described below.
(b) A member who is qualified for Employment Insurance benefits, whether that member has applied for Employment Insurance benefits or not, is eligible for a supplementary employment benefit of one hundred percent (100%) of the member’s normal salary, inclusive of the Employment Insurance waiting period, and the difference between the Employment Insurance benefits to which the member is entitled for the first four (4) weeks of the leave and the difference between the Employment Insurance benefits to which the member is entitled and eighty percent (80%) of the member’s normal salary for the following four (4) weeks of leave. Any period of leave beyond the eight (8) weeks and up to twenty-nine (29) subsequent weeks of critically ill child care leave will be without pay.
(c) A member who is not qualified for Employment Insurance benefits shall be paid 100% of the member’s normal salary for the first four (4) weeks of such leave. The member shall be paid eighty percent (80%) of the member’s normal salary for the following four (4) weeks of the member’s leave. Any period of leave beyond the eight (8) weeks and up to twenty-nine (29) subsequent weeks of critically ill child care leave will be without pay.
(d) A ‘child’ means a child, step-child, foster child or child who is under legal guardianship, and who is under 18 years of age.
Procedures for Family Medical Leave and Critically Ill Child Care Leave
24:04 A member who wishes to take leave under this Article shall advise the member’s Dean and Head (in the case of librarian members, the University Librarian or Law Librarian as appropriate and the Associate University Librarian) in writing and prior to the member’s departure or as soon afterward as possible that the member will be absent from the workplace and the expected dates of departure and return and shall provide a certificate as described in the Ontario Employment Standards Act no later than upon return to work, failing which the member shall not be entitled to the benefits under clause 24:02 or 24:03.
24:05 A member who has taken leave under this Article may apply in writing with reasons to the Provost, to extend the time for consideration for tenure or permanence for one (1) year.
24:06 During leaves under clause 24:02 or 24:03, a member shall continue to participate in the pension plan and any other benefit plans set out in this agreement as permitted by the terms of the said plans.
24:07 Upon the member’s return to work, the University shall reinstate a member who has taken leave under this Article 24 to their former position. The period of a member’s leave shall be included in the calculation of the member’s length of service for seniority purposes.
