ARTICLE 28
MATERNITY, ADOPTION AND NEW CHILD LEAVE

Maternity Leave 

28.01 Following one (1) year of service, leave of absence without pay for more than one (1) month and to a maximum of six (6) months for maternity reasons will be granted by the Department Head with written notification to Human Resource Services and subject to the following conditions:

(a) The employee shall apply for maternity leave a minimum of three (3) months prior to the expected date of birth.

(b) The date on which maternity leave will commence shall be determined by the employee, in consultation with her physician, unless the pregnancy interferes with the performance of the duties of her position.

28.02 An employee who wishes to resume her employment on expiration of her approved maternity leave shall provide at least two (2) weeks' notice in writing of the day she intends to resume employment. The employee shall be entitled to return to the position she held immediately prior to going on maternity leave, under the following conditions:

(a) one (1) month following the birth of her baby if a medical certificate is provided; or

(b) six (6) weeks following the birth of her baby if a medical certificate is not provided.

28.03 The employee is required to advise the Board prior to the commencement of maternity leave regarding the continuation of benefit coverage for the duration of the leave. Benefit coverage will be provided for any health related portion of her absence. The employee shall provide medical evidence from her physician specifying the portion of her maternity leave attributable for any health related absence. If an employee opts to continue her benefit coverage with the University beyond the illness related portion of her leave, she must pre-pay her premiums.

28.04 Where an employee has resigned because of pregnancy and is re-employed within twenty-four (24) months, the employee shall have her previous unbroken period of service reinstated for the purposes of administering the terms and conditions of this Agreement including all leave entitlements.

28.05 A pregnant employee who satisfies her Department Head, through medical evidence from her physician, that continued employment in her present position may be hazardous to her health or to her unborn child, may request a transfer to a more suitable position if one is available. The employee shall be paid within the range for the new position. If no suitable position is available and/or the employee is not transferred, she may request maternity leave, if eligible, under this Article. In the event that such leave commences within the first four (4) months of pregnancy, which necessitates an absence of longer than six (6) months, the employee may request further leave without pay.

28.06 Top Up Benefits

The Board will provide top up benefits to eligible employees on maternity leave in accordance with the Employment Insurance Regulations and subject to the following conditions:

(a) an employee may apply for top up benefits during the illness related portion of her maternity leave provided:

(i) she is receiving employment insurance maternity benefits, and

(ii) she has sufficient illness entitlement in accordance with Clause 24.07

(iii) the employee provides medical evidence from her physician specifying the portion of her maternity leave attributable for any health related absence.

(b) Evidence of payment of Employment Insurance maternity benefits (cheque stub) must be presented to Human Resource Services in order to receive the maternity top up benefit.

(c) The maternity top up benefit shall provide the employee with ninety-five percent (95%) of gross earnings less deductions.

(d) An employee who wishes to receive top up benefits shall apply for Employment Insurance maternity benefits as soon as eligible.

Adoption Leave

28.07 Following one (1) year of service, and upon reasonable notice being given to the Department Head and Human Resource Services, an employee shall be granted leave of absence without pay for up to six (6) months immediately following the adoption of a child.

28.08 The employee is required to advise Human Resource Services prior to the commencement of adoption leave regarding continuation of benefit coverage for the duration of the leave. If the employee opts to continue benefit coverage with the University during their adoption leave, they must prepay the premiums.

New Child Leave

28.09 The sole purpose of new child leave is to provide primary care for the newborn or adopted child.

Following one (1) year of service, leave of absence without pay for more than four (4) weeks and to a maximum of ten (10) weeks may be granted to a regular employee who shall be providing primary care for his/her newborn or adopted child, subject to operational considerations, by the Department Head with written notification to Human Resource Services and subject to the following conditions:

(a) the regular employee shall apply for leave a minimum of three (3) months prior to the anticipated birth or adoption date;

(b) such leave shall commence no sooner than the actual birth or adoption date;

(c) such leave shall commence no later than twenty-six (26) weeks after the actual birth or adoption date;

(d) the regular employee shall formally apply for Employment Insurance Parental Benefits;

(e) an employee is required to advise Human Resource Services prior to the commencement of new child leave regarding continuation of benefit coverage for the duration of the leave. If the employee opts to continue benefit coverage with the University during their new child leave, they must prepay the premiums.

General

28.10 If an employee decides not to return to work and so advises the Department Head and Human Resource Services, benefit coverage as above will be maintained for the duration of the approved leave.

28.11 An employee is not eligible for new child leave, if maternity or adoption leave for that newborn or adopted child was received by the employee.

28.12 As the purpose of new child leave is to allow for the extension of primary care, an employee is not eligible to commence leave under Clause 28.09 for a newborn or adopted child, if the employee's spouse has not returned to work from maternity or adoption leave.

28.13 Temporary Employees and Apprentices

For temporary employees with twelve (12) months or less of service and apprentices, this Article shall not apply.