Article 24 : childcare leave
24.1 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
24.2 Eligibility
All female employees who have completed thirteen (13) weeks of continuous service at the University are entitled to maternity leave. During this leave the employee shall retain the right to her position or to an equivalent position.
24.2.1 Duration
Maternity leave usually lasts seventeen (17) consecutive weeks and can be taken during the period which goes from the seventeenth (17th) week preceding the expected date of delivery until at least the sixth (6th) week following the birth or stillbirth.
24.2.2 For miscarriages, an employee‘s maternity leave end at the latest of the following dates: in the instance of a miscarriage more than seventeen (17) weeks before the expected delivery date, there is no maternity leave; if the miscarriage occurs in the seventeen (17) weeks preceding the expected delivery date, the leave shall end no later than seventeen (17) weeks after the beginning of the leave or six (6) weeks after the miscarriage.
24.2.3 The employee must present a medical certificate and submit a written notice at least two (2) weeks before the leave, except when the doctor states that this deadline cannot be observed.
24.2.4 When an employee gives birth later than expected, post-natal leave shall last at least six (6) weeks.
24.2.5 The employee may shorten her maternity leave by advising the University at least four (4) weeks in advance, but post-natal leave shall last at least six (6) weeks.
24.3 Benefits
Employees on 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 contribution.
24.3.1 Employees on maternity leave continue to accumulate seniority as if they were at work.
B. Parental Leave
24.4 Eligibility
All employees who have completed thirteen (13) weeks of continuous service at the University 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 11 ‘Promotions, demotions, lay-offs and recall‘, if their position is eliminated or displaced.
24.5 Duration
Leave usually lasts thirty-five (35) weeks for persons having just taken maternity leave and thirty-seven (37) for others. 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.
24.5.1 Parental leave for women who are also on maternity leave begin at the latest during the eighteenth (18th) week after the child‘s birth, unless the child is not yet under the employee‘s care.
24.5.2 Employees planning to take advantage of parental leave must submit written notice at least two (2) weeks before the leave.
24.5.3 An employee may shorten parental leave by advising the University at least four (4) weeks in advance.
C. Benefits
24.6 Employees on parental leave may choose to continue paying their employee contributions to the University employee benefits program. They were participating to before the start of the leave. In such cases, the University will continue to pay the employer contribution.
24.6.1 Employees on parental leave continue to accumulate seniority as if they were at work.
D. Extra Remuneration
24.7 Maternity leave
Employees who hold a regular position at the University, have completed a minimum of twelve (12) months of continuous service and re entitled to maternity leave receive 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 from the Québec Parental Insurance Plan (QPIP), and the University makes up the difference up to a maximum of 95% of the regular salary.
24.8 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 parental leave receives the following benefits for the first six (6) weeks of leave following the adopting of the child or after the employee first obtains care of the child.
24.8.1 For employees who did not take maternity leave immediately before the leave:
- The University pays 95% of the regular base salary for an initial period of fourteen (14) calendar days.
- For the next (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 95% of the regular salary.
24.8.2 An employee who has taken maternity leave immediately prior to the parental leave will receive, for the six (6) weeks, the difference between the amounts paid by Employment Insurance and 95% of the salary, since the two-week waiting period will have been at the beginning of the maternity leave.
24.9 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% renumeration 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.
24.10 Restrictions
Extra benefits are not payable in the following cases:
- employees who have received a termination of employment notice before having advised the University of their pregnancy, the adoption or the upcoming birth (father);
- employees who have 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;
- employees who have submitted their resignation before having advised the University of their pregnancy, the adoption or the upcoming birth (father);
- employees who have 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;
- employees who take part in a strike or work stoppage;
- if the employee who does not meet the requirements for Employment Insurance benefits as determined under the Employment Insurance Act/ QPIP.
E. Extra Leave
24.11 Following maternity leave, an employee may request a one- (1) year leave of absence without pay.
24.12 Following parental leave (without maternity leave before parental leave), the employee may request a one- (1) year leave of absence without pay.
24.13 A one- (1) year leave of absence without pay but with job security may be approved at the discretion of the Director, who shall keep the position available for the employee’s eventual return to work.
24.14 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 Director.
24.15 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 a position, notwithstanding the conditions listed in the article covering 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.
24.16 Employees 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.
24.17 The choice must be made in writing at least two (2) weeks before the end of maternity or parental leave.
24.18 A two (2) year unpaid leave may be taken by either parent, if both work at the University.
24.19 An employee cannot be compelled to take annual vacation time during maternity or parental leave but can use it to extend his leave.
24.20 If the wife of an employee dies in childbirth, the father, in the event that he has legal custody of the child, shall be entitles to the equivalent to maternity leave rights.