Article 9: Maternity/Parental/Adoption Leave

9.01 Natural Mother

(A)             Maternity Leave

A Resident shall be granted fifty-two (52) consecutive weeks maternity leave of absence without pay. Such leave may commence no earlier than eleven (11) weeks prior to the week of predicted delivery or any time thereafter at the request of the Resident but no later than the actual birth date. In no case shall a Resident be required to return to work sooner than six (6) weeks following the birth or the termination of her pregnancy, unless a shorter time is requested by the Resident and granted by the Employer.

The conclusion of a term of appointment will not interrupt the Resident’s access to Maternity Leave Benefits.

(1)             Benefits

For weeks one (1) through seventeen (17) inclusive, the service of a Resident who is on maternity leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(B)             Parental Leave

Within the fifty-two (52) week leave period granted under Article 9.01 (A), weeks eighteen (18) through fifty-two (52) inclusive will be considered parental leave. Parental leave will normally commence immediately following maternity leave unless agreed to by the Employer for reasons such as premature birth or a hospitalized infant.

(1)            Benefits

For weeks eighteen (18) through fifty-two (52) inclusive, the service of a Resident who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(C)            Parental Leave – Special Circumstances

(a) A Resident is entitled to up to five (5) additional weeks of parental leave without pay if a medical practitioner certifies that an additional period of parental care is required because the child suffers from a physical, psychological or emotional condition. This additional period of leave begins immediately after the end of the unpaid leave taken in Article 9.01 (B).

(b) A Resident is entitled to up to six (6) additional consecutive weeks of parental leave without pay if a medical practitioner certifies that, for reasons related to the birth or the termination of the pregnancy, she is unable to return to work when her leave ends under Article 9.01 (A) or Article 9.01 (B).

(c) A Resident’s maximum combined entitlement to leave under Article 9.01 is limited to sixty-three (63) weeks.

(D)            Additional Leave

Any further leave granted beyond the normal fifty-two (52) week period or for any additional weeks of parental leave (special circumstances) as set out in Article 9.01 (C) will be unpaid leave without any benefits.

(E)             Sick Leave Provisions

Maternity leave medical complications of pregnancy shall be covered by sick leave provisions. Pregnancy shall not constitute cause for Termination.

(F)             Notice Required

A Resident shall make every effort to give at least four (4) weeks notice prior to the commencement of maternity leave of absence, and at least fourteen (14) days notice of her intention to return to work prior to the termination of the leave of absence.

(G)             Doctor’s Certificate

The Employer may require the Resident to provide a doctor’s certificate indicating the Resident’s general condition during pregnancy and the predicted delivery date.

(H)             Incapable of Performing Duties

See the Memorandum of Understanding Re: Workload During Pregnancy.

9.02 Natural Father

(A)          Parental Leave

On four (4) weeks notice and within fifty-two (52) weeks of the birth of his child, a natural father may apply for up to thirty-seven (37) consecutive weeks parental leave without pay.

(1)             Benefits

For weeks one (1) through thirty-seven (37) inclusive, the service of a Resident who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(B)            Parental Leave Beyond Thirty-Seven (37) Weeks – Special Circumstances

If a medical practitioner certifies that an additional period of parental care is required because the child suffers from a physical, psychological or emotional condition, the natural father may apply for additional parental leave without pay. Five (5) weeks additional leave may be taken up to a maximum combined parental leave and parental leave (special circumstances) of forty-two (42) weeks. The additional five (5) weeks must be taken immediately after the unpaid leave in Article 9.02 (A) ends.

(1)             Benefits

For weeks thirty-eight (38) through forty-two (42) inclusive, the service of a Resident who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(C)             Additional Leave

Any further leave granted beyond the normal thirty-seven (37) week period, or the forty-two (42) week period for special circumstances, will be unpaid leave without any benefits.

9.03 Adoptive Parents

(A)             Adoption Leave

The Resident will notify the Employer when she/he is advised of the date of adoption placement. Upon request, a Resident shall be granted thirty-seven (37) consecutive weeks adoption leave of absence without pay beginning within fifty-two (52) weeks after the child is placed with the parent. The Resident shall furnish proof of adoption.

(1)             Benefits

For weeks one (1) through thirty-seven (37) inclusive, the service of a Resident who is on adoption leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(B)             Parental Leave Beyond Thirty-Seven (37) Weeks – Special Circumstances

If a medical practitioner or agency that placed the child certifies that an additional period of parental care is required because the child suffers from a physical, psychological or emotional condition, the adoptive parent may apply for additional parental leave without pay. Five (5) weeks additional leave may be taken up to a maximum combined parental leave and parental leave (special circumstances) of forty-two (42) weeks.

(1)             Benefits

For weeks thirty-eight (38) through forty-two (42) inclusive, the service of a Resident who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(C)             Additional Leave

Any further leave granted beyond the normal thirty-seven (37) week period, or the forty-two (42) week period for special circumstances, will be unpaid leave without benefits.

9.04 Return to Employment

A Resident resuming employment after a maternity, adoption or parental leave of absence shall be reinstated in all respects to her/his previous position with all increments to wages and benefits to which she/he would have been entitled during the period of the absence.

Vacation entitlement will be prorated using the formula set out in Article 13.04.

9.05 Leave for Birth of a Child

A Resident will be granted two (2) days paid leave to attend the birth of his/her child. This clause does not apply to the birth mother.