Article 26 : parental and maternity leave
26.1 Maternity leave
All female employees who have thirteen (13) weeks of continuous service are entitled to maternity leave. During such leave, the employee retains the right to her position or to an equivalent position.
Maternity leave usually lasts seventeen (17) consecutive weeks and can be taken during the period from the seventeenth (17th) week preceding the expected date of delivery until at least the sixth (6th) week following the birth or stillbirth.
An employee who miscarries more than seventeen (17) weeks before the expected delivery date is not entitled to maternity leave. If the miscarriage occurs in the seventeen (17) weeks preceding the expected delivery date, the leave ends no later than seventeen (17) weeks after the beginning of the leave or six (6) weeks after the miscarriage.
A pregnant employee must present a medical certificate attesting to her pregnancy and submit a written notice at least two (2) weeks before the leave, except when the doctor states that this deadline cannot be observed.
When an employee gives birth later than expected, postnatal leave lasts at least six (6) weeks.
An employee may shorten her maternity leave by advising the University at least four (4) weeks ahead of the proposed end date, but in this case postnatal leave last at least six (6) weeks.
26.2 Remuneration during maternity leave
A female employee who holds a regular position at the University, has completed a minimum of twelve (12) months of continuous service and is entitled to maternity leave receives benefits as follows:
- the University continues to pay her ninety-five percent (95%) of her regular basic salary for an initial period of fourteen (14) calendar days;
- for the following fifteen (15) weeks of leave, the employee receives Employment Insurance benefits or benefits from the Québec Parental Insurance Plan (QPIP) and the University makes up the difference up to a maximum of ninety-five percent (95%) of her regular salary.
Notwithstanding the preceding, for a seasonal employee, the University does not pay the additional amounts during the usual period of seasonal absence.
26.3 Parental leave
All employees who have completed thirteen (13) weeks of continuous service are entitled to adoption or childcare leave. During this leave, the employee retains the right to his position or to an equivalent position.
A regular employee on parental leave whose position is abolished or who is bumped is, upon his return, is entitled to the provisions under Article 19, Elimination of a Regular Position and Layoff, in which case the timelines provided start on the date the employee returns to work.
A term (temporary) employee on parental leave returns to the position he had at the time of taking leave, for the remainder of his contract. If this contract is not renewed, the term employee is entitled to the provisions under 20.2 a) and 20.2 if he meets the criteria stated therein in terms of continuous service.
This leave is normally for a period of thirty-five (35) weeks for employees who have just taken the maternity leave referred to in 26.1, and for a period of thirty-seven (37) weeks for all other employees. It must begin no later than fifty-two (52) weeks following the adoption of the child or after the employee first obtains care of the child.
Parental leave for women who are also on maternity leave begins, at the latest, during the eighteenth (18th) week after the child's birth, unless the child is not yet under the employee's care.
Employees planning to use parental leave must submit written notice at least two (2) weeks before the proposed leave.
An employee may shorten his parental leave by advising the University at least four (4) weeks in advance.
26.4 Remuneration during parental leave
Employees who hold a regular position at the University, have completed a minimum of twelve (12) months of service and are entitled to the above parental leave receive the following benefits for the first six (6) weeks of leave following the adoption of a child or after the employee first obtains care of a child.
- For employees who did not take maternity leave
immediately before the parental leave:
- the University continues to pay ninety-five percent (95%) of the regular basic salary for an initial period of fourteen (14) calendar days;
- for the next four (4) weeks, the employee receives Employment Insurance benefits or benefits from the QPIP, and the University makes up the difference up to a maximum of ninety-five percent (95%) of the regular salary.
- For employees who took maternity leave immediately prior to the parental leave, they receive, for the six (6) weeks, the difference between the amounts paid by Employment Insurance and ninety-five percent (95%) of the salary, since the two-week waiting period will have been completed at the beginning of the maternity leave.
Notwithstanding the preceding, in the case of a seasonal employee, the University does not pay the additional amounts during the usual period of seasonal absence.
- Additional benefits paid under 26.2 and 26.4 are not considered income for the purposes of calculating Employment Insurance premiums, but they are subject to the other deductions imposed by the Employment Insurance Act.
- The employee and the University continue paying their full contributions to the employee benefits program, even though the employee is collecting only ninety-five percent (95%) of his regular salary.
- If there is a salary increase during the employee's maternity leave, the ninety-five percent (95%) remuneration she receives is to be adjusted according to the new salary.
- Any amount to be reimbursed by virtue of the taxation limits set out in the Employment Insurance Act (1.5) times the maximum yearly allowance) is at the employee's expense.
26.6 Additional benefits under 26.2 and 26.4 are not payable in the following cases:
- an employee who received a termination of employment notice before advising the University of the pregnancy, the adoption or the upcoming birth;
- an employee was terminated for cause before advising the University of the maternity or parental leave, where the termination was not overturned through the grievance process;
- an employee who submitted a resignation before advising the University of the pregnancy, the adoption or the upcoming birth;
- an employee who was suspended for disciplinary reasons before advising the University of the pregnancy, the adoption or the upcoming birth, where the additional benefits are not payable during the suspension period;
- an employee who took part in a strike or a work stoppage, except when the maternity or parental leave began before the work stoppage or strike;
- an employee who does not meet the requirements for Employment Insurance benefits as determined under the Employment Insurance Act.
26.7 Employees entitled to maternity and/or parental leave retain and accumulate their seniority and can continue to participate in employee benefits by paying their share, in which case the University continues to pay its part.
26.8 Extra leaves
- Following maternity leave, an employee may request a one- (1) year leave of absence without pay but with job security.
- Following parental leave (without maternity leave before parental leave), the employee may request a one (1) year leave of absence without pay but with job security.
- A one- (1) year leave of absence without pay but with job security may be approved at the discretion of the responsible faculty or service, who keeps the position available for the employee's eventual return to work.
- Following maternity and/or parental leave, an employee may request leave without pay of up to two (2) years instead of the leave under 26.8 a) and b), in which case the University would no longer be bound to keep the position open for the employee's return. Such leave is automatically approved by the responsible faculty or service.
If an employee wishes to return to work after a two-year (2) leave of absence, he may request his name be added to the recall list, pursuant to 20.1 a) as if he had been laid off. He benefits from the provisions set out under 20.1 f) only.
- The choice of 26.8 a), b) or d) must be made in writing at least two (2) weeks before the end of the maternity and/or parental leave.
- An employee cannot be compelled to take annual vacation time during maternity and/or parental leave but can use it to extend his leave.
26.9 Parenthood leave
An employee can claim parenthood leave and receive one hundred percent (100%) of his salary, without this leave being considered part of the benefits and leave covered by provincial laws, for a maximum of three (3) working days. It is therefore distinct from the parental leave described above.
Such leave is claimed by an employee who is not the birth mother, within five (5) days of the birth or adoption of a child.