Pregnancy & Parental Leave Policy

    1. STATEMENT OF PRINCIPLES

    [Name of organization] understands that new parents may wish to spend an extended period of time with their newborn or newly adopted children. This period of time is important for the emotional and psychological well-being of the parent as well as the child. In recognition of the physical impact of childbirth on birth mothers, this policy provides a period of paid pregnancy leave in accordance with federal and provincial laws. The policy also provides for periods of organization-paid and unpaid parental leave that are available to parents upon the birth or adoption of a child and relate to the time necessary to adjust to the demands of having a new child in the home.

     

    1. PURPOSE

    The purpose of this policy is ensure that all employees on pregnancy or parental leave will return to work in good health and with high morale and thus ensure high quality of performance in their jobs.

     

    1. EMPLOYEE RIGHTS TO UNPAID PREGNANCY LEAVE

    Pregnant employees have the right to take pregnancy leave of up to 17 weeks of unpaid time off work. An employee who has a miscarriage or stillbirth more than 17 weeks before her due date is not entitled to a pregnancy leave.

    However, if an employee has a miscarriage or stillbirth within the 17- week period preceding the due date, she is eligible for pregnancy leave. The latest date for commencing the leave in that case is the date of the miscarriage or stillbirth.

    The pregnancy leave of an employee who has a miscarriage or stillbirth ends on whichever of the following comes first:

    • 17 weeks after the leave began; or
    • 12 weeks after the stillbirth or miscarriage.

     

    1. EMPLOYEE RIGHTS TO UNPAID PARENTAL LEAVE

    New parents have the right to take unpaid parental leave when a baby or child is born or first comes into their care. In accordance with new federal Employment Insurance (EI) laws, parental rights may be taken either over 12 months or over 18 months at a reduced rate of EI benefits.

    • Eligibility

    Unpaid parental leave is available to employees with newborns or newly adopted children, including lawyers in common-law spousal relationships, regardless of whether those relationships are of persons of the opposite or of the same sex. All employees are entitled to a period of unpaid parental leave.

    • Length & Timing

    Parental leave is not part of pregnancy leave. Accordingly, a birth mother may take both pregnancy and parental leave. Birth mothers who also take pregnancy leave are entitled to up to 61 weeks leave. Birth mothers who do not also take pregnancy leave and all other new parents are entitled to up to 63 weeks parental leave.

    The right to parental leave is also independent of the right to pregnancy leave. Thus, for example, a birth father may be on parental leave at the same time the birth mother is on either her pregnancy leave or parental leave.

     

    1. EMPLOYEE RIGHTS DURING LEAVE

    Employees on unpaid pregnancy or parental leave have several rights.

    • The Right to Reinstatement

    In most cases, an employee who takes unpaid pregnancy or parental leave is entitled to:

    • The same job the employee had before leave began; or
    • A comparable job, if the employee’s old job no longer exists.

    In either case, the employee must be paid at least as much as he/she was earning before the leave. Also, if the wages for the job went up while the employee was on leave, or would have gone up if he/she hadn’t been on leave, the employer must pay the higher wage when the employee returns from leave.

    If an employer has dismissed an employee for legitimate reasons that are totally unrelated to the fact that the employee took leave, the employer does not have to reinstate the employee.

    • The Right to Be Free from Penalty

    Employers cannot penalize an employee in any way because the employee:

    • Took pregnancy or parental leave;
    • Plans to take pregnancy or parental leave;
    • Is eligible to take pregnancy or parental leave or
    • Will become eligible to take pregnancy or parental leave.
    • The Right to Continue to Participate in Benefit Plans

    Employees on unpaid pregnancy or parental leave have a right to continue to take part in certain benefit plans that their employer may offer, including:

    • Pension plans;
    • Life insurance plans;
    • Accidental death plans;
    • Extended health plans; and
    • Dental plans.

    The employer must continue to pay its share of the premiums for any of these plans that were offered before leave unless the employee tells the employer in writing that he/she will not continue to pay his/her share of the premiums. In most cases, employees must continue to pay their share of the premiums to continue to participate in these plans.

    Employees who are on pregnancy or parental leave can also continue to participate in other benefit plans if employees who are on other types of leave are able to continue to participate in those plans. In addition, a female employee may be entitled to disability benefits during that period of the leave that she would otherwise have been absent from work for health reasons related to her pregnancy or childbirth.

    • The Right to Earn Credits for Length of Employment, Length of Service and Seniority

    Employees continue to earn credits toward length of employment, length of service, and seniority during periods of leave. However, the period of a leave is not included when determining whether an employee has completed a probationary period. If an employee was on probation at the start of a leave, he/she must complete the probationary period after returning to work.

     

    1. [OPTIONAL] EMPLOYEE RIGHTS TO PAID PREGNANCY LEAVE
    • Eligibility

    The paid pregnancy leave portion of this policy is applicable only to lawyers who are pregnant or have given birth. Every employee is eligible for organization-paid pregnancy leave. Every employee who applies for and obtains employment insurance benefits and who has worked as a permanent full-time employee for __________ month(s)/year(s) before the commencement of her organization-paid pregnancy leave or who has worked as a permanent part-time employee for an equivalent of _________ month(s)/year(s) full-time work before the commencement of her organization-paid pregnancy leave is eligible for organization-paid pregnancy leave. The maximum period of organization-paid pregnancy leave is _____ weeks.

    • Length & Timing

    All eligible employees are entitled to a period of organization-paid pregnancy leave of up to _____ continuous weeks. Organization-paid pregnancy leave may commence as early as 11 weeks before the expected date of birth and as late as the actual birth date. Pregnancy-related illness requiring absence from work prior to and after the pregnancy leave period is covered by the organization’s sick leave policy and by the organization’s disability benefits plan.

    • Remuneration

    An employee on organization-paid pregnancy leave will continue to receive her compensation during the leave period provided for in Section 6.2. Her compensation and participation in organization profits for the period in which she takes organization-paid pregnancy leave and for any subsequent period will not be adversely affected because of reduced contribution to the organization (including reduced hours, billings or administrative time) resulting from the pregnancy leave.

    Employees on organization-paid pregnancy leave will be entitled to receive supplementary payments to the employment insurance pregnancy benefits (the “Top-Ups”) for _____ weeks. The Top-Ups will top up the gross employment insurance, pregnancy leave benefits, and any other earnings of the employee to a maximum of _____% of the employee’s normal weekly salary.

    Employees on pregnancy leave will be entitled to the benefit of any salary increases that they would otherwise have received.

    • Benefits

    The organization shall maintain all employee benefits, including accrual of paid vacation, in accordance with its usual practice throughout the period of organization-paid pregnancy leave.

     

    1. [OPTIONAL] EMPLOYEE RIGHTS TO PAID PARENTAL LEAVE
    • Eligibility

    Organization-paid parental leave is available to employees with newborns or newly adopted children,

    including employees in common-law spousal relationships, regardless of whether those relationships are with persons of the opposite or of the same sex. All employees are eligible for organization-paid parental leave.

    Every employee who applies for and receives federal employment insurance (EI) benefits and who has worked as a permanent full-time employee for ____ month(s)/year(s) before the commencement of his or her organization-paid parental leave or who has worked as a permanent part-time employee for an equivalent of ____ months(s)/year(s) of full-time work before the commencement of his or her organization-paid parental leave is eligible for organization-paid parental leave.

    The maximum period of organization-paid parental leave is _____ weeks.

    • Length & Timing

    An organization-paid parental leave period of up to _____ continuous weeks will be available to

    employees following the birth or adoption of a child. Where organization-paid pregnancy leave set out above has been taken, organization-paid parental leave is to commence immediately following

    pregnancy leave unless the organization and the lawyer agree to a different schedule. In any event,

    organization-paid parental leave should be completed within 52 weeks of the child coming into the

    home.

    • Benefits

    The organization shall maintain all employee benefits, including accrual of paid vacation, in accordance with its usual practice, throughout the period of organization-paid parental leave

     

    1. NOTICE & APPROVAL PROCEDURES
    • Notice to Organization

    Except in the case of a medical emergency or adoption when its timing is unexpected, an individual must notify the organization, in writing, in advance of his or her intention to take leave for which he or she is eligible. The notice should specify the approximate starting date of the leave and the estimated date of return and should be submitted to ____________ as soon as possible and not less than _____ month(s) prior to the leave period.

    The organization will promptly recognize the eligibility of the individual for the standard leave.

    • Approval of Excess Leave

    Leave in excess of the policy period will be subject to the approval of ____________. The criteria for approval will include the needs of the employee and the employee’s family, workload, specific client needs, unique skills of the requesting employee, and time for proper planning to meet the demands of the practice.

    Approval will be accompanied by a statement by the organization of the impact of the excess leave on progress toward partnership, benefits and eligibility for salary increases.

     

    1. TRANSITIONAL WORK SCHEDULING
    • Joint Responsibility

    It is the joint responsibility of the leave-taking employee and the organization to facilitate the transfer of work both before and after the leave. It is the policy of the organization that leave-taking employees have the opportunity to be as productive as possible during the transition periods before and after

    taking a pregnancy or parental leave.

    • Reduced Work Schedule Prior to Birth of Child

    Employees may find that the physical impact of pregnancy necessitates a reduced hour schedule prior to the date of birth of a child. Employees may request to work a reduced hour schedule.

    • Reduced Work Schedule on Return

    Employees may find that the demands of child-care necessitate a reduced hour schedule on return to

    work. Employees may request to work a reduced hour schedule. The criteria for approval will be in

    accordance with the organization’s Flexible Work Arrangements Policy.

     

    1. POLICY CHANGES

    The organization will review this policy bi-annually. All current employees are invited to contribute to the review.

    • Employee Declaration

    I ___________,  hereby acknowledge that I have read and understood [organization names] Pregnancy & Parental Leave Policy. I agree to abide by the terms and conditions of this policy and ensure that persons working under my supervision abide by the terms and conditions of this policy. I understand that if I violate or fail to comply with this policy, I may face legal or disciplinary action according to applicable laws or other [organization name] policies.

    Employee Signature: _________