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Pregnancy and Parental Leave Policy

 
  • Responsible Unit: Human Resources
  • Owner: Vice-President, Administration and Operations
  • Approver: President
  • Issued: April 2000
  • Reviewed/Revised: February 2004, August 2007, August 2024

I.    General

Employees who anticipate applying for leave under this policy must discuss plans with their department leader as far in advance as possible, but no less than three (3) months in advance of the leave and should contact Human Resources for advice and assistance concerning this policy and Employment Standards regulations.

II.    Policy

In addition to statutory benefits provided under the Employment Standards and Employment Insurance Acts with respect to pregnancy, adoption and parental leaves, the University provides supplementary benefits as outlined below.

III.    Application

This policy applies to all career and term employees of the University who meet the eligibility requirements of the Employment Standards Act and the Employment Insurance Act.  Where there is a difference between this policy and a collective agreement provision, the collective agreement will prevail.

Note:  The provisions of this policy and benefits referred to herein cease automatically and without notice or payment in lieu of notice in respect of term employees whose appointments lapse on the terminal date specified in the letter of appointment.

IV.    Pregnancy Leave                     

Employees shall be entitled to pregnancy leave as from time to time is provided for in the Employment Standards Act.  During such leave the University will pay to the employee a Supplementary Unemployment Benefit (SUB) at the time that normal salary payments would be paid.

During pregnancy leave the University shall pay 97% of the employee's salary minus any payments to which the employee is entitled under the Employment Insurance Act as outlined below:

1.    Pregnancy Leave Benefit Level:  It is understood that for the duration of the pregnancy leave, which will not exceed 17 weeks, the combined weekly level of Employment Insurance (EI) benefit, SUB  payments and other earnings will not exceed 97% of the member's normal weekly earnings.

In accordance with the SUB Plan requirements, for the first week of the leave, the employee shall receive 93% of their salary from the University.

For the next 16 weeks they shall receive payment(s) equal to the difference between the sum of the weekly EI benefits and any other earnings received by the employee and the 97% of the actual salary which they were receiving on the last day worked prior to the commencement of the pregnancy leave.

2.    Application:  Employees must apply for and be in receipt of EI benefits before the SUB payments become payable.

3.    Non-Receipt of EI Benefits:  An employee who is not in receipt of EI benefits will not be eligible for SUB payments except if the employee:

a.    has insufficient insured weeks to qualify for EI benefits;

b.    has exhausted their EI benefits;

c.    is serving the EI waiting period.

4.    Approval of SUB Plan:  The implementation of the pregnancy leave provisions reflected in the SUB Plan as outlined above, is subject to required approval by the applicable federal agencies.

5.    Employees do not have the right to SUB payments except for supplementation of EI benefits for the unemployment period as specified in this policy.

6.    Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits will not be reduced or increased by payments received under this plan.

V.    Parental Leave

Employees who become a parent of a newborn or adopted child are entitled to an unpaid parental leave in accordance with the provisions of the Employment Standards Act.  The University will further provide such employees with up to four (4) weeks paid leave of absence at 97% of salary less EI payments to which they may be entitled.

1.    Normally, such paid leave will be in respect of the first four weeks of absence and is contingent upon the employee applying for EI.  

2.    The above paid and partially paid period of leave shall not increase the total eligible time away from work which shall be as provided for by the Employment Standards Act.

3.    Parent includes an employee with whom a child is placed for adoption or an employee who is in a relationship of some permanence (in accordance with the Family Law Act) with a parent of a child and who intends to treat the child as their own.

4.    Parental leave may begin no more than fifty-two (52) weeks for a standard EI parental leave or seventy-eight (78) weeks for an extended EI parental leave, after the day the child is born or comes into the custody, care and control of a parent for the first time.  Parental leave must be taken in a consecutive time period.

5.    The employee’s parental leave can last up to sixty-three (63) weeks.  However, if the employee also has taken pregnancy leave, their parental leave cannot exceed sixty-one (61) weeks.

6.    Where a pregnancy leave is taken by the mother, parental leave must begin immediately when the pregnancy leave ends, unless the child has not yet come into the custody, care and control of a parent for the first time.

VI.    Benefits and Pension Coverage

The University will continue the employee's benefit coverage during this leave period, unless the plan is contributory and the employee has elected to discontinue contributions.  Employees who contribute to the TMU Retirement Pension Plan may elect to continue their contributions to the plan during their pregnancy and/or parental leave.

VII.    Jurisdiction     

This policy falls under the jurisdiction of the Vice President, Administration and Operations. The interpretation and application of this policy is the responsibility of the Chief Human Resources Officer.