Leaves

Introduction

The University provides a variety of leaves to employees covered by the UGFA Unit 2 Collective Agreement [1]. For ease of reference, we have provided information on each type of leave below.

In the event of a discrepancy between this page and the Collective Agreement, the Collective Agreement shall be considered the final authority.

Maternity and Parental Leaves (Article 29)

Eligibility and Application

The provisions of this Article shall apply to all regular full-time Members. For Members holding temporary full-time and casual appointments, all provisions apply except for the Supplemental Income Benefit.

A Member shall give written notice to his/her Director, or designate, of his/her intention to take Maternity and/or Parental Leave normally three (3) months prior to the commencement of the Leave.

Where both parents are Members and are qualified to take Leave under the provisions of this Article, the Leave may be shared. In this case, both Members shall provide notification to the Director, or designate, three (3) months prior to the commencement of the Leave. The combined Leave provision provided to both Members shall not exceed fifty-two (52) weeks of Maternity/Parental Leave. Additional Unpaid Parental Leave may be requested as per 29.14.

The notice periods above may be waived if the Member stops working as a result of complications with the pregnancy or because the child comes into the care or custody of the parent sooner than expected.

Leave Provisions

Upon the birth of a child, a Member shall be entitled to up to seventeen (17) weeks of Maternity Leave as per the Employment Standards Act. For a Member who has taken Maternity Leave as provided for under Article 29.5, the Member shall also be entitled to up to an additional thirty-five (35) weeks of Leave as per the Employment Standards Act. For a Member who is not eligible to take Maternity Leave under Article 29.5 (e.g., father, same-sex partner, or adoptive parent), the Member shall be entitled to up to thirty-seven (37) weeks of Parental Leave as per the Employment Standards Act.

Supplemental Income Benefit

Members must apply for, and qualify for, and receive, Employment Insurance (EI) benefits to receive Supplemental Income Benefits from the University. To be eligible to receive a Supplemental Income Benefit, a Member shall provide appropriate documentation of the birth or adoption of a child and the receipt of EI benefits to Human Resources. A Member disentitled or disqualified from receiving EI benefits is not eligible to receive Supplemental Income Benefits from the University. Exceptions to this will be considered on a case-by-case basis for those Members who do not qualify for EI benefits, based on the criteria expected for EI eligibility.

During the period of Maternity/Parental Leave as specified above, an eligible Member shall receive from the University:

for the first two (2) weeks, 95% of his/her normal salary;
for up to a maximum of fifteen (15) additional weeks of Maternity/Parental Leave, an amount equal to 95% of his/her normal salary, less applicable EI weekly earnings.

The seventeen (17) weeks of Supplemental Income Benefit provided for Parental Leave under b) above may be shared between eligible Members (i.e., one parent may take 10 weeks, and the other may take 7 weeks, or any combination thereof).

Additional Unpaid Parental Leave

All Members are eligible to apply for and be considered for Unpaid Parental Leave. Unpaid Parental Leave is intended to accommodate Members who are not eligible for the Leave provisions provided under 29.5, 29.6 or 29.7 or for those Members who require additional time to care for newborn or newly adopted child(ren) than provided for under the Employment Standards Act. On receipt of appropriate documentation or confirmation of the birth or adoption of a child, the University will grant thirty-seven (37) weeks of Unpaid Parental Leave to Members upon notification to the Member's Director, or designate, normally three (3) months prior to the commencement of the Leave. For those Members eligible for and who have taken Parental Leave, any Unpaid Parental Leave will commence immediately following the Parental Leave. Unpaid Parental Leave is available to be shared between both parents. Unpaid Parental Leave is not available when a Member establishes a spousal relationship with an individual who already has a child(ren) and the Member subsequently adopts the child(ren). Participation in the University Group Insurance Benefits may be continued while a Member is on Unpaid Parental Leave on a normal cost-sharing arrangement. Additional Unpaid Leave may be requested by a Member under the provisions of Article 30: Leave Without Salary. Such request is made to the Director, or designate.

General Provisions

A Member who has taken Maternity/Parental Leave and/or Unpaid Parental Leave will have decisions related to Performance, Planning, Assessment and Development deferred by one year for each such Leave. Such a deferral shall be granted automatically, unless a Member requests to have the deferral waived.
A Member on Maternity/Parental Leave will continue to receive University benefits while on Leave on a normal cost-sharing basis. Participation in the Pension Plan is optional for the Member.
Should a pregnancy result in medical complications before or after the Maternity leave, the provisions of the Sick Leave Article 32 shall apply.
It is expected that a Member will return to employment at the University following a Parental/Maternity Leave.
Upon return to work, a Member who has taken Leave(s) under this Article shall resume his/her position at the same rank and his/her normal salary and benefits, including any intervening salary and benefits adjustments provided for under the Collective Agreement.

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Leave without Salary (Article 30)

Non-Probationary RFT Members may apply for a Leave of Absence without pay. An application for such a Leave will be given due consideration and may be granted where the Dean determines that the Leave will not interfere with operational requirements. It is understood that the period of leave without salary will not be used for private, external professional consultation for financial gain that could have been performed at the University unless the Dean has approved this activity. A Leave of Absence without pay shall not normally exceed one year. The Dean, on recommendation from the Director, may modify this restriction in individual cases.

While a Member is on a Leave of Absence without pay, the University will not contribute towards the costs of benefits. The Member may elect to pay both the University and Member costs of benefits during the period of Leave.

Any application for a Leave of Absence shall be made by the Member to the Dean, or designate. The application shall describe the purpose and duration of the Leave. A Member will apply in writing at least six (6) months before the proposed leave is to take effect. In the case of unforeseen events/circumstances, a Member shall be permitted to apply for a Leave of Absence less than six (6) months before it would begin and this application will be given due consideration. The Dean shall consult with the Director. The Dean shall then approve or deny the application. Any decision not to approve an application shall be accompanied by written reasons.

Subject to other Articles of the Collective Agreement, a Member, upon returning from a Leave of Absence, shall normally be placed, at a minimum, at the same type and term of appointment held at the commencement of the Leave. Subject to other Articles of the Collective Agreement, upon returning from a Leave, a Member will receive salary of not less than that received immediately prior to the period of the Leave, normally adjusted by any base salary adjustments that may have taken place in the interval.

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Vacation (Article 31)

Entitlement

For Regular Full Time and Temporary Full Time employees the vacation year will be January 1^st to December 31^st, and the schedule will be as follows:

15 days/yr from start date to the beginning of the calendar year in which the employee completes 2 years of service
22 days/yr in the year the employee completes 2 years of service
23 days/yr in the year the employee completes 8 years of service
24 days/yr in the year the employee completes 12 years of service
26 days/yr in the year the employee completes 16 years of service
30 days/yr in the year the employee completes 25 years of service

For reduced workload appointments (e.g., 8, 9, 10 months), vacation entitlements will be prorated to the length of the appointment, with no accumulation of credits in the predetermined period of unpaid status.

Operation

Employees accumulate vacation credits based on how many years of service they will complete in that year. It will be assumed that all vacation accumulated each year will be taken in the year in which it was earned. The employee is responsible for consulting with the Associate Director (Academic) or equivalent regarding any reasons that prevent him/her from taking vacation.
An employee may submit a request to the Director to carry over a portion, up to a maximum of 10 days, of vacation entitlement into the next year. Such approval shall not be unreasonably denied.
If an employee terminates, the University will deduct from the final pay any amount previously paid for used but unearned credits.
After one month of unpaid status, vacation credits cease to accrue. However, vacation credits continue to accrue during maternity, adoption, and parental leaves, during the first 26 weeks on Long Term Disability, and during the first six months on WSIB benefits.
In scheduling vacations, the University will consider the wishes of employees, but reserves the right to schedule vacations in accordance with operating requirements.
Casual employees will receive 6% vacation pay on all regular hours worked in lieu of vacation accrual.
Consistent with the Employment Standards Act of Ontario, vacation for regular full time and temporary full-time employees shall be a two-week period or two periods of one week each, unless the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request.

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Sick Leave (Article 32)

Eligibility

Regular Full-Time Members

If illness prevents RFT Members from performing their duties, the University will provide sufficient sick leave to continue full regular pay through, but not beyond, the required waiting period for long term disability benefits.

RFT Members who will, after 90 calendar days (or 60 working days), become entitled by reason of disability to receive income protection at 66-2/3% of their salary rate at the time of commencement of the disability, will receive an additional 13-1/3% of their basic wages for up to 4 months from the commencement of the time for which income protection payments are received or until the disability ceases, whichever is sooner.

Temporary Full Time Members

The University will credit a TFT Member employed with up to thirteen (13) days sick leave with pay for potential use, as follows:

three (3) working days in the first three (3) months of employment;
an additional ten (10) working days after three (3) months of employment.

On the Member's anniversary date the thirteen (13) sick days will be renewed.

Terms and Conditions

No Member may claim sick leave during a period of unpaid status. Unpaid status is when a Member remains on the University payroll but receives no pay.
If illness prevents a Member from performing normal duties, they must, as per departmental practice, inform the Director or designate.
If the Director anticipates that the eligible Member on sick leave will be away from work for more than thirty (30) calendar days, s/he must inform Occupational Health and Wellness, to allow for the timely application for disability benefits, should it become necessary.
When the Workplace Safety and Insurance Act compensates a Member, the University will continue the Member’s salary up to eligibility for long term disability (or, in the case of a Temporary Full-Time Member, to the limit of accumulated sick leave). The Member must reimburse the University for compensation received under the Act for which the University paid full salary. When a Temporary Full-time Member returns to work, the University will reinstate the sick leave used for the period payable under the Act.
For absences of five or more days, Member must provide medical evidence to Occupational Health and Wellness verifying the illness. The University may require evidence for shorter absences.
If a paid holiday occurs in a period of paid sick leave, the University will record it as a paid holiday, not as a day of sick leave.

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Family Medical Leave (Article 33)

Family medical leave may be taken to provide care or support to family members and people who consider the employee to be like a family member in respect of whom a qualified health practitioner has issued a certificate indicating that he or she has a serious medical condition with a significant risk of death occurring within a period of 26 weeks.

Members requiring Family Medical Leave shall notify the Director, or designate, as soon as possible, providing the certificate (per Article 33.1) issued by a qualified health practitioner. A family medical leave may last up to eight (8) weeks within a specified twenty-six (26) week period and does not have to be taken consecutively. Such Leave will be without pay.

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Personal Emergency Leave (Article 33)

A Member is entitled to a maximum of ten (10) days of Personal Emergency Leave. Personal Emergency Leave may be taken for such grounds as injury, medical emergency, death, illness, or other urgent matters relating to family members. The Member shall inform the Director, or designate, as soon as possible of the need to take such leave. Such Leave will be without pay.

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Court Leave (Article 34)

Absence on jury duty or as a subpoenaed witness is an excused absence and the University agrees to pay a Member who is required to serve as a juror or witness, the difference between the regular pay they would have received for work which they were scheduled to perform during the period of their absence and the amount received by them as a juror.

It shall be the responsibility of the Member to provide proof of the period served as a juror and the amount paid to them for such services. A Member who is subpoenaed as a witness shall receive full regular pay for such absence, provided the litigation was not initiated by the employee. Members who serve as a juror shall receive their full regular pay, provided they submit the cheque received for such services to their department.

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Political Leave (Article 35)

Members are free to participate in public life without any impediment from the University. A Member seeking election to public office shall be entitled to leave of absence without pay as follows:

for election to either the Parliament of Canada or the Legislature of Ontario, during the period from official filing of nomination to seven consecutive days after the election;
for election to the position of Mayor for seven (7) consecutive days prior to election day and three (3) days thereafter.

Should a Member’s candidature for either the Federal Parliament or Provincial Legislature be successful, they shall be considered as being on leave of absence without pay from the date of their election to the date of the next Federal or Provincial (as the case may be) general election. Should they be re-elected at that general election, it is expected that they would formally resign from the University's employ. Should the Member not stand for re-election or should the Member be defeated, they must return to work at the University within seven days of election day or forfeit their right to do so.

A Member on leave of absence without pay who is elected to either the Parliament of Canada or the Legislature of Ontario, and who is subsequently appointed a Minister of the Crown must resign their University position immediately upon assuming the official responsibility of their ministerial post.

A Member elected Mayor will be granted leave of absence for a period of up to two years without pay or, if the Member so chooses, may maintain their active employment for as long as they occupy the position provided they can continue to do full justice to their job at the University. Alternatively, they may remain on pay but with an appropriate reduction in pay according to the amount of time that must be devoted to the mayoral duties involved.

A Member elected Counsellor or School Trustee will be granted leave of absence to attend Council or Board meetings. A pay reduction commensurate with the time devoted to attendance at meetings will be made.

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Military Leave (Article 36)

The University will grant a leave of absence with pay of up to two (2) weeks duration for the purposes of military service and will compensate the employee for whatever difference exists between the military pay they received, as evidenced by a statement from the proper authority, and their normal University wages or salary. During their absence the employee's normal wages or salary will continue and it will be their responsibility to reimburse the University that part of their military pay that is less than their regular University pay.

Military service of longer than two (2) weeks duration may be allowed, but the period of the leave of absence in excess of two (2) weeks will be without pay.

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Family Responsibility Time for Regular Full-Time Members (Article 37)

The University will provide family responsibility time, separate from sick leave and paid personal leave, to assist Members with balancing their family and work responsibilities. Sick leave should be used only to provide Members with income during periods of their own illness.

The operational requirements of the University must be met. However, the University recognizes that effort is required to accommodate requests for family responsibility time (FRT).

The University provides 7 days per year of family responsibility time to each regular full-time Member. Members may use the time in amounts not less than one hour, and, if possible, should request the time in advance. The time will be granted unless precluded by operational requirements.

Family responsibility time is available on a "borrow" basis, to be repaid by mutual agreement between a Member and his/her supervisor. For example, an employee may repay family responsibility time by working shortened lunch breaks, starting earlier or working late. The minimum arrangement for re-payment of FRT must be in segments of no less than .50 hours.

Unused family responsibility time does not accumulate from one year to the next. Members may draw FRT repetitively provided they do not exceed seven (7) days owing at any given time. An employee must repay all outstanding time by March 1 of the following year.

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Paid Personal Leave (PPL) for Regular Full-Time Members (Article 38)

Commencing January 1st of each year, regular full-time Members shall be allowed for “good reason” up to three days of PPL annually, which must be approved and granted by their supervisor, subject to operational requirements. PPL does not accrue from one calendar year to another.

Each request for PPL must be made in writing, shall indicate the reason for the request, and normally must be submitted for approval to the Member’s supervisor at least five working days in advance, except in cases of emergency (e.g., snowstorms). Where the Member is requesting time off in cases of emergency, time off will be granted without pay. The supervisor will discuss the situation with the Director and a decision will be made as to whether or not time is to be charged against PPL. Requests which would be charged against other forms of leave (e.g., sick-leave, family responsibility time, vacation, will not be approved as PPL).

Employees will not be allowed to use PPL for purposes of extending vacations, or for the day prior to or following a paid holiday. PPL may not be taken in units of less than one hour.

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Bereavement Leave for Regular Full-Time Members and Multi-year Temporary Full Time Employees (Article 39)

Upon request, the University will grant leave with pay for up to five (5) consecutive scheduled work-days (at the time of the death) in the event of a death in the Member's immediate family. Immediate family shall mean parent; step parent; spouse; common-law spouse (including same-sex partner); child; step child; brother; sister; step brother; step sister. Where the funeral occurs outside the province, the employee will be provided with a total of one (1) additional day for the purpose of traveling to and from the funeral (i.e., 6 days maximum).

Upon request, the University will grant leave with pay for up to three (3) consecutive scheduled work-days (at the time of the death) in the event of a death in the Member's family. Family shall mean grandparent; grandchild; mother-in-law; father-in-law; sister-in-law; brother-in-law; son-in-law; daughter-in-law; ward.

Where the funeral occurs outside the province, the Member will be provided with a total of one (1) additional day for the purpose of traveling to and from the funeral (i.e., 4 day maximum).

The period of three or five working days prescribed above must include the day of the funeral. Bereavement leave may be lengthened by use of vacation leave, Family Responsibility Time, Paid Personal Leave, or leave of absence without pay.

Time off for attendance at the funeral of a deceased employee (other than a relative as mentioned above) is allowable at the discretion of the supervisor.

An employee whose vacation is interrupted because of a bereavement as outlined above, will have the appropriate number of vacation days (5 for immediate family member, or 3 family member) reinstated.

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