Governing Documents: Staff
PROCEDURES:
Maternity and Parental Leave
Effective Date:
October 1, 2001
Revised Date:
September 28, 2005
December 1, 2007
March 15, 2010
August 28, 2012
Review Date:
August 28, 2022
Approving Body:
Administration: President
Authority:
Maternity and Parental Leave Policy
Implementation:
Vice-President (Administration)
Contact:
Associate Vice-President (Human Resources)
Applies to:
Employees

Group:

(a) Academic and Support Staff Excluded from Bargaining Units as Members of the Board;
(b) Executive Staff;
(c) Senior Administrative Academic Staff;
(d) Administrative Academic Staff;
(e) Academic Staff in the UMDCSA Bargaining Unit;
(f) Geographic Full-time Academic Staff;
(g) Sessional Professional Academic Staff;
(h) Research Academic Staff;
(i) Other Academic Staff;
(j) Excluded Management, Administrative and Professional Staff;
(k) Medical Practitioners and Administrators;
(l) Nurses in Northern Manitoba;
(m) Student Support Staff; and
(n) Out of Province Support Staff.


1.0 Reason for Procedures

To set out the Procedures secondary to the Policy entitled “Maternity and Parental Leave” in connection with the various types of maternity and parental leave benefit plans, the eligibility criteria, the duration of the leaves, the procedures for application, and the effect of the leaves on other related terms and conditions of employment.


2.0 Procedures

2.1 Maternity Leave

The University offers two (2) maternity leave plans:

Plan A - Maternity Leave Without Maternity Leave Allowance (section 2.1.1); or

Plan B - Maternity Leave With Maternity Leave Allowance (section 2.1.2).

Eligible employees may apply for maternity leave in accordance with either Plan A or Plan B but not both.

Employees on reduced appointments or employed for one (1) year or less in temporary, term, contingent or project positions or employed in sessional, part-time or casual positions are eligible to apply for Plan A only.

2.1.1 Plan A - Maternity Leave Without Maternity Leave Allowance

2.1.1.1 Eligibility

To qualify for Plan A, a pregnant staff member must:

a) be currently working for the University at the date of application for maternity leave;

b) have successfully completed her probationary period or seven (7) consecutive months of employment with the University immediately prior to the date on which the proposed leave commences;

c) submit to her Unit Head an application in writing for leave under Plan A at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave;

d) provide her Unit Head with a medical certificate prepared and signed by a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery.

2.1.1.2 Duration

A staff member who qualifies is entitled to, and shall be granted, maternity leave without pay consisting of:

a) a period not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate mentioned in subsection 2.1.1.1(d) above;

b) a period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in subsection 2.1.1.1(d) above and the actual date of delivery, if delivery occurs after the date mentioned in the certificate;

c) the maternity leave shall commence no earlier than seventeen (17) weeks preceding the date specified on the medical certificate and shall terminate no later than seventeen (17) weeks following the actual date of delivery. Any additional leave of absence without pay granted following the end of the maternity leave shall be considered as a separate parental leave of absence without pay.

2.1.2 Plan B - Maternity Leave With Maternity Leave Allowance

Plan B does not apply to employees on reduced appointments or employed for one (1) year or less in temporary, term, contingent or project positions or employed in sessional, part-time or casual positions.

2.1.2.1 Eligibility

To qualify for Plan B a pregnant staff member must:

a) be currently working for the University at the date of application for maternity leave;

b) submit to her Unit Head an application in writing for leave under Plan B at least four (4) weeks before the day specified by her in the application as the day on which she intends to commence such leave;

c) provide her Unit Head with a medical certificate prepared and signed by a duly qualified medical practitioner certifying that she is pregnant and specifying the estimated date of her delivery;

d) have completed twelve (12) continuous months of paid full-time employment with the University immediately prior to the date on which the proposed leave commences with the exception that leaves of absence without pay of twenty (20) working days or less and any compassionate care leaves will not affect the accumulation of the twelve (12) month qualifying period;

e) provide the University with proof that she has applied for Employment Insurance (E.I.) benefits and that Human Resources and Social Development Canada (H.R.S.D.C.) has agreed that she has qualified for and is entitled to such E.I. benefits pursuant to Section 22, Employment Insurance Act, 2000;

f) sign an agreement with the University, to the effect that:

i) she will return to work in the position occupied by her at the time such leave commenced or in a comparable position with not less than the same wages and benefits and will remain in the employ of the University on a full-time basis for a period of time equal to the duration of the maternity leave with allowance following her return to work, and

ii) she will return on the date of the expiry of her maternity leave or any parental leave taken immediately following the maternity leave unless another suitable arrangement is approved by the University;

iii) in the event that suitable arrangements are made for the employee to return to work on a part-time basis (other than as a reduced appointment in accordance with the Policy and Procedure on Reduced Appointments) to fulfill the equivalent return to work obligations, the position and the employment status of the employee shall be that of a part-time position/employee. In this situation, the staff benefits and terms and conditions of employment shall reflect that of a part-time position/employee; and

iv) in the event that she chooses not to return to work as provided under subsections (i), (ii) and (iii) above, she shall reimburse the University for the full amount received from the University as a maternity allowance as well as the appropriate pension and benefits contributions or the value of benefits received during her entire period of maternity leave. In such circumstances service and vacation entitlement will also be reduced by the amount accrued during the receipt of maternity allowance.

2.1.2.2 Duration

A staff member who qualifies is entitled to a maternity leave consisting of:

a) a period not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified on the certificate mentioned in subsection 2.1.2.1(c); or

b) a period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in subsection 2.1.2.1(c) and the actual date of delivery, if delivery occurs after the date mentioned in that certificate;

c) the maternity leave shall commence no earlier than seventeen (17) weeks preceding the date specified on the medical certificate and shall terminate no later than seventeen (17) weeks following the actual date of delivery. (Note: E.I benefits may not be available until eight (8) weeks prior to the estimated date of delivery).

2.1.2.3 Benefit Provisions

A staff member who qualifies for Plan B is entitled to and shall be granted maternity leave in accordance with the provisions of subsections 2.1.2.2 (a-c) and in addition is entitled to Maternity Leave Allowance as follows:

a) for the first two (2) weeks a staff member shall receive one hundred percent (100%) of her weekly rate of pay;

b) for up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between one hundred percent (100%) of her weekly rate of pay and the E. I. benefits the staff member is eligible to receive.

2.1.3 General Conditions (Applicable to Maternity Leave Plan A and/or Plan B)

a) Plan B benefits for an employee on a term or project position in excess of one (1) year shall cease on the end date of the position.

b) During the period of maternity leave - Plan B, service and vacation entitlement will continue to accrue/apply and the period of the leave will count toward qualification for salary increases related to progression through a salary range.

c) During the period of maternity leave - Plan A, service and vacation entitlement will not continue to accrue/apply and the period of the leave will not count toward qualification for salary increases related to progression through a salary range.

d) Employees on Plan A or Plan B shall not be entitled to paid leaves of absence during the period of maternity leave.

e) For the purposes of Plan B, an employee's "weekly rate of pay" for any week is the amount which the employee would have earned in that week had she worked the regular full-time hours of work for the position. This amount is neither increased nor decreased as a result of either a paid holiday or Christmas-New Year's vacation entitlement falling during any given week of maternity leave under Plan B.

f) Staff Benefits coverage for employees in receipt of maternity leave top-up payments shall be subject to the provisions of the various plans.

g) For the purposes of calculating the successful completion of a trial period, employees taking a maternity leave under Plan B shall be considered to be on a leave of absence without pay.

h) An employee who wishes to resume her employment on the expiration of leave granted in accordance with either Plan A or Plan B shall be reinstated by the University in the position occupied by her at the time such leave commenced or in a comparable position with not less than the same wages and benefits, subject to the exceptions provided in the Employment Standards Code of Manitoba.

i) An employee may end her maternity leave early by giving the University two (2) weeks’ written notice before the day she wishes to end the leave.

j) The period of leave shall be credited towards years of full-time service in the calculation of eligibility for research/study leave. Where a maternity leave coincides with a research/study leave, the missed portion of the research/study leave shall be rescheduled.

k) There shall be no requirement for an academic staff member to make up teaching assignments, research, service, or any other duties for any period of maternity leave. Where an academic staff member’s return from leave after the commencement of a term precludes the assignment of teaching duties, the dean/director shall assign the academic staff member other appropriate duties in that term.

l) Academic staff members on maternity leave shall not lose any entitlement to travel and expense fund allocations, if applicable.

2.2 Parental Leave

The purpose of parental leave is to provide time off for childcare which is necessitated by the birth or adoption of a child. Where both parents are employed by the University, the period of the parental leave allowance may be taken wholly by one (1) or shared between the two (2) employees.

The University offers two (2) parental leave plans:

Plan A - Parental Leave Without Parental Allowance (subsection 2.2.1); or

Plan B - Parental Leave With Parental Leave Allowance (subsection 2.2.2).

Eligible employees may apply for parental leave in accordance with either Plan A or Plan B but not both.

Employees on reduced appointments or employed for one (1) year or less in temporary, term, contingent or project positions or employed in sessional, part-time or casual positions are eligible to apply for Plan A only.

2.2.1 Plan A - Parental Leave Without Parental Leave Allowance

2.2.1.1 Eligibility

In order to qualify for Plan A - Parental Leave Without Parental Leave Allowance, an employee must:

a) have successfully completed his/her probationary period or seven (7) consecutive months of employment with the University;

b) be currently working for the University on the date of application for Parental Leave;

c) submit to the University an application in writing for Parental Leave at least four (4) weeks before the day specified by him/her in the application as the day on which he/she intends to commence such leave;

d) adopt a child under the laws of the Province of Manitoba or become the natural parent of a child.

2.2.1.2 Duration

An employee who qualifies is entitled to, and shall be granted, Parental Leave without pay consisting of a period not exceeding thirty-seven (37) weeks taken in one (1) consecutive period. Any additional leave of absence without pay granted following the end of the Parental Leave shall be considered as a separate leave of absence without pay. A parental leave must commence not later than the first anniversary of the date on which the child is born or adopted or comes into the care and custody of the employee. In order to qualify for E.I. benefits, a parental leave must be completed within one (1) year of the child’s birth or adoption.

2.2.2 Plan B - Parental Leave With Parental Leave Allowance

Plan B does not apply to employees on reduced appointments or employed for one (1) year or less in temporary, term, contingent or project positions or employed in sessional, part-time or casual positions.

2.2.2.1 Eligibility

To qualify for Plan B - Parental Leave with Parental Leave Allowance, an employee must:

a) be currently working for the University on the date of application for Parental Leave;

b) submit to the University an application in writing for Parental Leave at least four (4) weeks before the day specified by him/her in the application as the day on which he/she intends to commence such leave;

c) adopt a child under the laws of the Province of Manitoba or become the natural parent of a child;

d) have completed twelve (12) continuous months of full-time paid employment with the University immediately prior to the date on which the proposed leave commences (a maternity leave Plan B or a compassionate care leave taken immediately prior to the Parental Leave shall not make an employee ineligible);

e) provide the University with proof that the employee has applied for E.I. benefits and that Human Resources and Social Development Canada (H.R.S.D.C.) has agreed that the employee has qualified for and is entitled to such E.I. benefits pursuant to Section 23 of the Employment Insurance Act, 2000;

f) sign an agreement with the University, to the effect that:

i) he/she will return to work in the position occupied by him/her at the time such leave commenced, or in a comparable position with not less than the same wages and benefits, and will remain in the employ of the University on a full-time basis for a period of time equal to the duration of the parental leave with allowance following his/her return to work, and

ii) he/she will return on the date of the expiry of his/her parental leave unless another suitable arrangement is approved by the University;

iii) in the event that suitable arrangements are made for the employee to return to work on a part-time basis (other than as a reduced appointment in accordance with the Policy and Procedure on Reduced Appointments) to fulfill the equivalent return to work obligations, the position and the employment status of the employee shall be that of a part-time position/employee. In this situation, the staff benefits and terms and conditions of employment shall reflect that of a part-time position/employee; and

iv) in the event that he/she chooses not to return to work as provided under subsections (i), (ii) and (iii) above, he/she shall reimburse the University for the full amount received from the University as a parental allowance as well as the appropriate pension and benefits contributions or the value of benefits received during his/her entire period of parental leave. In such circumstances, service and vacation entitlement will also be reduced by the amount accrued during the receipt of parental allowance.

2.2.2.2 Duration and Benefit Provisions

An employee who qualifies for Plan B is entitled to, and shall be granted, Parental Leave as follows:

a) a parental leave must be completed within one (1) year of the child’s birth or adoption;

b) an employee who qualifies under this provision is entitled to a leave consisting of a period not exceeding eighteen (18) weeks taken in one (1) consecutive period as set out in subsections (c) and (d) below. Where the employee takes parental leave in addition to maternity leave, the employee shall commence the parental leave immediately following the maternity leave. Where the parental leave follows a maternity leave in which E.I. benefits were received, the person taking the maternity leave shall be deemed to have served the E.I. two (2) week waiting period. Any additional leave of absence without pay granted following the end of the Parental Leave shall be considered as a separate leave of absence without pay;

c) an employee’s parental leave allowance during the two (2) week waiting period, if a waiting period is served, shall be ninety-five percent (95%) of his/her weekly salary;

d) For the weeks during which the employee is in receipt of E. I. Parental Leave benefits, up to a maximum of sixteen (16) additional weeks for parental leaves if the above two (2) week waiting period applies, or a maximum of eighteen (18) weeks for parental leaves and where no waiting period applies, payments equivalent to the difference between the E. I. Parental Leave benefits the employee is in receipt of, and ninety-five percent (95%) of his/her weekly rate of pay.

2.2.3 General Provisions Applicable to Parental Leave Plan A and/or Plan B

a) Plan B benefits for an employee on a term or project position in excess of one (1) year shall cease on the end date of the position.

b) During the period of Parental Leave - Plan A or Plan B, and the period of Parental Leave that is not covered by Plan A or Plan B, service and vacation entitlement will not continue to accrue/apply.

c) Employees on Plan A or Plan B shall not be entitled to paid leaves of absence during the period of Parental Leave.

d) For the purposes of Plan B, an employee's "weekly rate of pay" for any week is the amount which the employee would have earned in that week had he/she worked the regular full-time hours of work for the position. This amount is neither increased nor decreased as a result of either a paid holiday or Christmas-New Year's vacation entitlement falling during any given week of Parental Leave under Plan B.

e) Staff Benefits coverage for employees on Parental Leave shall be subject to the provisions of the various plans.

f) For the purposes of calculating the successful completion of a trial period or for salary increases related to progression through a salary range, employees taking a Parental Leave shall be considered to be on a leave of absence without pay.

g) An employee who wishes to resume his/her employment on the expiration of leave granted in accordance with either Plan A or Plan B shall be reinstated by the University in the position occupied by him/her at the time such leave commenced or in a comparable position with not less than the same wages and benefits, subject to the exceptions provided in the Employment Standards Code of Manitoba.

h) The period of leave shall be credited towards years of full-time service in the calculation of eligibility for research/study leave. Where a parental leave coincides with a research/study leave, the missed portion of the research/study leave shall be rescheduled.

i) There shall be no requirement for an academic staff member to make up teaching assignments, research, service, or any other duties for any period of parental leave. Where an academic staff member’s return from leave after the commencement of a term precludes the assignment of teaching duties, the dean/director shall assign the academic staff member other appropriate duties in that term.

j) Academic staff members on parental leave shall not lose any entitlement to travel and expense fund allocations, if applicable.

2.3 Extension of Maternity/Parental Leave With Leave of Absence Without Pay

An employee who has been granted a Maternity Leave or Parental Leave (whether under Plan A or Plan B) shall, upon written application for such additional leave, be granted an additional contiguous leave without pay such that the total length of the Maternity and Parental Leave plus the additional leave without pay is less than or equal to fifty-four (54) weeks.


3.0 Accountability

3.1 The University Secretary is responsible for advising the President that a formal review of this Procedure is required.

3.2 The Associate Vice-President (Human Resources) is responsible for the communication, administration and interpretation of these Procedures.


4.0
Review

4.1 Formal Procedure reviews will be conducted every ten (10) years. The next scheduled review date for this Procedure is August 28, 2022.

4.2 In the interim, these Procedures may be revised or rescinded if:

(a) the Vice-President (Administration) or the President deems necessary; or

(b) the relevant Policy is revised or rescinded.


5.0 Effect on Previous Statements

5.1 These Procedures supersede the following:

(a) all previous Board/Senate Procedures, and resolutions on the subject matter contained herein;

(b) all previous Administration Procedures, and resolutions on the subject matter contained herein; and

(c) Maternity and Parental Leave Procedures (dated March 15, 2010).

6.0 Cross References

Maternity and Parental Leave Policy