1. Purpose
1.1 The purpose of this policy is to enable the employee to care for and bond with a newborn or a newly adopted child.
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2. Scope
2.1 This policy applies to all regular non-unionized non-academic staff, with the exception of University Executives (“E”). Temporary employees are also covered by this policy but are not eligible to the Extended Parental Leave.
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3. Maternity Leave
3.1 Procedures
3.1.1 An eligible employee may take a maternity leave of up to twenty (20) consecutive weeks. The earliest date upon which maternity leave may commence shall be sixteen (16) weeks prior to the expected date of delivery. The maternity leave shall not end later than twenty (20) weeks after the week of delivery.
3.1.2 In order to obtain a maternity leave, the employee must specify in writing to their immediate supervisor, the dates of their intended maternity leave at least two (2) weeks prior to the date of commencement of the leave and submit a request to Human Resources via Workday. The request must be accompanied with a certificate from a legally qualified medical practitioner attesting to the pregnancy and the expected date of delivery.
The length of prior notice may be shorter than two (2) weeks if a certificate from a legally qualified medical practitioner attests that the employee must stop working within a shorter time.
3.1.3 A medical leave required as a result of a termination of pregnancy occurring before the twentieth (20th) week prior to the date of delivery will be treated as fully paid sick leave in the same manner as any other illness.
3.1.4 In the event of a termination of pregnancy in or after the twentieth (20th) week, the employee's maternity leave will commence immediately and will end when twenty (20) weeks in total of maternity leave have elapsed.
3.1.5 A medical leave required as a result of complications of pregnancy or due to danger of interruption of the pregnancy will be treated in the same manner as a medical leave for illness and will be fully paid until the date of delivery, at which time the maternity leave will commence.
3.1.6 If an employee presents a certificate from a qualified medical practitioner stating that the working conditions of their job contain physical dangers or risks of infectious disease for them or the unborn child, the University will attempt to temporarily relocate the employee in an alternate position while continuing all the rights and privileges of their normal job.
If the University is unable to transfer the employee to a suitable alternate position, the employee will be immediately granted a special paid leave until a suitable alternate position becomes available or until the date of delivery, at which time the regular maternity leave will commence. All benefits plans will be continued in respect of an employee for the duration of such special paid leave.
3.1.7 If, before the maternity leave ends, an employee presents a notice accompanied with a certificate from a qualified medical practitioner stating that the health of the employee who gave birth or of their child requires an extension of the maternity leave, the maternity leave will be extended for the duration indicated in the medical certificate.
During this extension, the employee will receive neither maternity leave indemnity nor salary.
3.1.8 When a just born child is not in a state to leave the hospital or is hospitalized within fifteen (15) days of its birth, the employee may interrupt the maternity leave and return to work. The leave can only be interrupted once. The maternity leave may then be resumed when the state of health of their baby is such that hospitalization is no longer required.
3.1.9 An employee who gives birth prematurely and whose child is hospitalized as a result shall be entitled to interrupt their maternity leave and return to work. The maternity leave may then be resumed when the state of health of their child is such that hospitalization is no longer required.
3.1.10 An employee shall be considered to be on paid leave during any absence resulting from certified medical appointments related to their pregnancy. They shall advise their employer as soon as possible of the time at which they are absent.
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3.2 Indemnities
3.2.1 An employee receiving QPIP indemnities shall be entitled to receive an indemnity payable until the end of the twentieth (20th) week of maternity leave. Such indemnity shall be determined for each pay period and will be equal to ninety-five percent (95%) of the employee's regular salary, reduced by the following amounts:
- any benefits which they will be receiving or could be receiving from the Quebec Parental Insurance Plan (QPIP). For the purposes of this item, any amounts subtracted from Quebec Parental Insurance benefits by reason of reimbursement of benefits, interest, penalties and other amounts recoverable under the terms of the Quebec Parental Insurance Plan shall not be taken into account;
- all of the normal payroll deductions which must be made or would have been made had it not been for the maternity leave.
3.2.2 An employee who has acquired a minimum of twenty (20) weeks service prior to the beginning of their maternity leave, and who is not eligible to receive Quebec Parental Insurance Plan benefits, will be entitled to receive an indemnity payable until the end of the tenth (10th) week of maternity leave. Such indemnity will be equal to their regular salary reduced by all of the deductions which must be made or would have been made had it not been for the maternity leave.
3.2.3 All contributory benefit plans will be continued in respect of an employee while receiving an indemnity under the terms of article 3.2.1 or 3.2.2.
3.2.4 All indemnities received under the terms of article 3.2.1 or 3.2.2 will be adjusted to take into account any increases resulting from the application of the salary policy.
3.2.5 For the purposes of the Employment Security Policy and the Vacation Policy, an employee will be given credit for continuous service while on maternity leave, including any extensions granted under the terms of articles 3.1.7, but excluding any extension granted under the terms of article 3.3.2. The employee will continue to accrue vacation while on Maternity Leave.
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3.3 Return to work
3.3.1 During the fourth (4th) week prior to the expiration of an employee's maternity leave, the University will send a written notification of the date upon which their maternity leave will expire and advise them of the obligation to advise the University of their return to work under the terms of article 3.3.2 below.
3.3.2 The employee must give the University a written notice of their intention to return to work not less than two (2) weeks prior to the date of their return. An employee who does not return to work as of the date of expiration of the maternity leave will be granted an automatic four (4) weeks’ unpaid leave.
3.3.3 If, without valid reasons, the employee fails to present themself for work at the date of expiration of the four (4) weeks’ extension provided under article 3.3.2, they will be deemed to have resigned and will be terminated accordingly.
3.3.4 An employee who wishes to return to work earlier than two (2) weeks following the date of delivery must first provide the University with a statement from a qualified medical practitioner attesting to their good health and ability to perform the work required.
3.3.5 Upon their return to work at the end of the maternity leave, the employee will be reinstated in the position they held when maternity leave commenced. If their job no longer exists, they will be granted all of the rights and privileges they would have been accorded at the time their job was abolished had they then been at work.
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4. Adoption leave
4.1 Procedures
4.1.1 An employee who legally adopts a child will be entitled to a leave of a maximum duration of five (5) consecutive weeks. This period is included in the sixty-five (65) week period provided in article 7 (Parental leave).
4.1.2 An employee receiving QPIP indemnities shall be entitled to receive an indemnity payable until the end of the fifth (5th) w