Article 26 : childcare leave

Definitions

• Maternity leave: leave granted to a University employee who gives birth.
• Parental leave: leave granted to a University employee when he adopts a child, for the care of a young child following birth or when the employee obtains care or custody of a child for the first time, be it the father or the mother.

A. Maternity Leave

26.1  Eligibility

Female employees who have completed thirteen (13) weeks of continuous service are entitled to maternity leave. During this leave the employee shall retain the right to her position or to an equivalent position.

26.2  Duration

26.3  Benefits

An employee who takes advantage of the maternity leave may choose to continue paying their employee contributions to the University employee benefits program. In such cases, the University will continue paying the employer's contribution.

B. Parental Leave

26.4  Eligibility

An employee who has 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 may avail himself of Article 18, "Employment and Lay-off Priority", if his position is eliminated or displaced. A term employee will work for the remaining portion of the contract period's pay, after which his employment will be terminated.

26.5  Duration

C. Benefits

26.6 

D. Extra Remuneration

26.7 

An employee who holds a regular position at the University, has completed a minimum of twelve (12) months of continuous service and who has worked a minimum of 600 hours at the University and is entitled to maternity leave receives the following benefits:

• The University pays 95% of the regular base 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 95% of the regular salary.

26.8 

26.9  Conditions

• Extra benefits are not considered as income for the calculation of 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 normal contributions to the employee benefits program, even though the employee is collecting only 95% of his regular salary.
• If the University determines that the amounts paid through this program should not have been paid or should have been lower, the surplus amount is deducted from subsequent program payments or from any other amount payable by the University using a payment plan established between the parties.
• If there is a salary increase during the employee's maternity leave, the 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) will be at the employee's expense.

26.10  Restrictions

Extra benefits are not payable in the following cases:

• an employee who has received a termination of employment notice before having advised the University of their pregnancy, the adoption or the upcoming birth (father);
• an employee who has received a termination of employment for cause before having advised the University of their maternity and/or parental leave and the termination was not overturned through the grievance process;
• an employee who has submitted their resignation before having advised the University of their pregnancy, the adoption or the upcoming birth (father);
• an employee who has been suspended for disciplinary reasons before having advised the University of their pregnancy, the adoption or the upcoming birth (father) when the suspension takes place during maternity or parental leave;
• an employee who takes part in a strike or work stoppage;
• If the employee does not meet the requirements for Employment Insurance benefits as determined under the Employment Insurance Act.

E. Extra Leave

26.11 Following maternity leave, an employee may request an extra one- (1) year leave of absence without pay with protection of the employee's position.

26.12 Following parental leave (without maternity leave before parental leave), the employee may request an extra one- (1) year leave of absence without pay and with protection of the employee's position.

26.13 Following maternity or parental leave, an employee may request leave without pay of up to two (2) years, but in this 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 Dean or Director.

26.14 If an employee wishes to return to work after a two-year leave of absence, for three (3) months he will have the right, like other regular internal candidates, to apply for other positions, notwithstanding the conditions listed in the article covering employee seniority. If at the end of this three-month period the employee has not found another position, his employment at the University will automatically terminate.

26.15 An employee on maternity or parental leave must choose between the privilege of a one (1) year unpaid leave of absence with job security and the right of a two (2) year unpaid leave of absence without job security.

26.16 The choice must be made in writing at least two (2) weeks before the end of maternity or parental leave.

26.17 A two (2) year unpaid leave may be taken by either parent if both work at the University.

26.18 An employee cannot be compelled to take annual vacation time during maternity or parental leave but can use it to extend his leave.

F. Birth Leave or Adoption

26.19 

• An employee can claim a birth or adoption leave and receive 100% of his or her 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.
• Birth leave: such leave must be claimed by an employee who is not the birth mother, within five (5) calendar days of the child's birth.
• c) Adoption leave: such leave must be claimed by an employee who is the birth mother or father, or who are parents of the same sex, within five (5) calendar days of the child's adoption.