Purpose statement
This procedure defines the conditions for granting pregnancy/parental leave, the application process and applicable benefits.
Scope
This procedure and any financial provisions apply to all non-union employees and union employees subject to terms and conditions in their respective collective agreements.
This Procedure shall be read in conjunction with the Employment Standards Act, 2000, (“ESA”) as amended, and the terms and conditions of the applicable collective agreement.
Pregnancy leave
A pregnant employee hired at least 13 weeks before their due date is entitled to seventeen (17) weeks unpaid pregnancy leave. The period of the leave shall be taken at the discretion of the employee during the weeks immediately preceding and/or immediately following the birth of the child.
Parental leave (including adoption)
New parents will be granted unpaid parental leave in accordance with the Employment Standards Act. A new parent must be hired for at least 13 weeks before commencing a parental leave.
A birth parent who takes pregnancy leave is entitled to up to sixty-one (61) weeks of parental leave. A non-birth parent who does not take pregnancy leave is entitled to up to sixty-three (63) weeks' parental leave.
Parental leave is separate from pregnancy leave and a birth parent may take both pregnancy and parental leave. In addition, the right to parental leave is independent of the right to pregnancy leave. For example, a non-birth parent could be on parental leave at the same time the birth parent is on either pregnancy leave or parental leave.
Parental leave must begin no more than seventy-eight weeks after the day the child is born or comes into the custody, care, and control of the employee for the first time.
Request for leave
Application for pregnancy/parental leave shall be made, in writing, to the employee’s immediate supervisor with a copy to the Penson and Benefits Specialist as follows:
- Requests shall normally be made no later than two (2) weeks prior to the leave beginning. From an operational perspective, providing as much notice as possible and preferably a minimum of four (4) weeks would be appreciated;
- Requests for pregnancy leave must also be accompanied by certification from a medical doctor or midwife;
- Requests for parental leave must indicate estimated due date and/or date of the birth of the employee’s child or the coming of a child into the employee’s custody, care and control for the first time;
- Requests for parental leave by the birth parent should be made, if possible, prior to the commencement of the pregnancy leave;
- All requests for leave must state the proposed beginning and end date of the leave;
- Employees wishing to return from the leave early must provide at least four (4) weeks’ notice prior to the revised return date.
Return to work
When an employee returns from pregnancy leave and or parental leave, they will be reinstated in their former position, if it continues to exist. If it does not, then the employee will be reinstated in a vacant comparable position at the current rate of their former job.
Service date and vacation
Vacation entitlement and service will continue to accrue in accordance with the town policy or any applicable collective agreement.
OMERS and benefits
The town shall continue all applicable extended health benefits during the leave period. Employees have the option to purchase the OMERS leave period in accordance with OMERS regulations.
Definitions
Parent: Birth parent, adopting parent, person in a relationship of some permanence with a parent of a child and plans to treat the child as their own.
Non-Birth Parent: The parent who was not pregnant and did not give birth to the child that comes into their custody, care, and control, and are legally recognized as the parent. This also applies in the case of adoption.