Article 10: Maternity / Parental / Adoption Leave
Natural Mother
10.01 (A) Maternity Leave
A regular employee 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 employee but no later than the actual birth date. In no case shall an employee 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 employee 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 an employee who is on maternity leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the employee, and the Employer shall continue to make payment to the plans in the same manner as if the employee was not absent.
10.01 (B) Parental Leave
Within the fifty-two (52) week leave period granted under Article 10.01 (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 an employee who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the employee, and the Employer shall continue to make payment to the plans in the same manner as if the employee was not absent.
10.01 (C) Parental Leave – Special Circumstances
a. A regular employee 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 10.01 (B).
b. A regular employee 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 10.01 (A) or Article 10.01 (B).
c. An employee’s maximum combined entitlement to leave under Article 10.01 is limited to sixty-three (63) weeks.
10.01 (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 10.01 (D) will be unpaid leave without any benefits.
10.01 (E) Sick Leave Provisions
Maternity leave medical complications of pregnancy shall be covered by sick leave provisions. Pregnancy shall not constitute cause for termination.
10.01 (F) Notice Required
An employee 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.
10.01 (G) Doctor’s Certificate
The Employer may require the employee to provide a doctor’s certificate indicating the employee’s general condition during pregnancy and the predicted delivery date.
10.01 (H) Incapable of Performing Duties
Memorandum of Understanding Re: Workload During Pregnancy
HEABC recognizes that the training for Resdents is such that an extended absence due to pregnancy could present difficulties in the completion of the training program. Under certain circumstances, it may be beneficial to the Resident, the Hospital, and the University to have the workload modified somewhat because of the physical limitations caused by pregnancy to enable the person to continue training with minimal interruption.
In such cases, the Resident so affected, with counsel from her attending physician, shall review the issue with her Medical Director. HEABC supports the position that, if in the opinion of the attending physician of a pregnant Resident, a reduction in workload is warranted, then the workload shall be reduced to the extent prescribed by the attending physician including the elimination of on-call duty if necessary.
This memorandum is subject to the grievance procedure contained in the Agreement.
Natural Father
10.02 (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 an employee who is on parental leave shall be considered continuous for the purpose of any pension medical or other plan beneficial to the employee, and the Employer shall continue to make payment to the plans in the same manner as if the employee was not absent.
10.02 (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 10.02 (A) ends.
(1) Benefits – For weeks thirty-eight (38) through forty-two (42) inclusive, the service of an employee who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the employee, and the Employer shall continue to make payment to the plans in the same manner as if the employee was not absent.
10.02 (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.
10.02 (D) Paternity Leave
A Resident will be granted one (1) day’s paid paternity leave to attend the birth of his child, subject to the operational requirements of the Hospital.
Adoptive Parents
10.03 (A) Adoption Leave
The employee will notify the Employer when she/he is advised of the date of adoption placement. Upon request, a regular employee 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 employee shall furnish proof of adoption.
(1) Benefits – For weeks one (1) through thirty-seven (37) inclusive, the service of an employee who is on adoption leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the employee, and the Employer shall continue to make payment to the plans in the same manner as if the employee was not absent.
10.03 (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 an employee who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the employee, and the Employer shall continue to make payment to the plans in the same manner as if the employee was not absent.
10.03 (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.
10.04 Return To Employment
An employee 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 14.04.
