Rules and Procedures on Parental Leave

Effective Date: May 1, 2015
Responsibility: Vice-President, People and Culture

DEFINITIONS

Adoption Leave: Leave available to the legally recognized adoptive parent.

Child Care Leave: Leave available to the legally recognized parent for the purpose of child care.

Co-parent Leave: Leave available to the non-child-bearing parent recognized by the appropriate authorities as a parent of the child at birth.

Maternity Leave: Leave available to a female employee who is pregnant or has recently given birth.

Parent Three-day Leave: Leave available to the legally recognized parent who is not taking Maternity, Adoption or Co-parent Leave for the birth, adoption, or legal guardianship of a child, provided the employee takes a child into his/her home.

Parental Leave: Maternity, Adoption or Co-Parent Leave followed by an unpaid period of Child Care Leave and Leave Without Pay (where applicable).

Supplementary Benefits Plan (SBP): Special monetary benefits paid by the Corporation to an eligible employee during Maternity, Adoption or Co-Parent Leave. SBP benefits are often referred to as “top up” amounts, paid in addition to Employment Insurance (EI) or Quebec Parental Insurance Plan (QPIP) benefits.

RULES AND PROCEDURES

Note: Governing policies and procedures for unionized employees found in the applicable collective agreements apply if they differ from this policy and its related instruments.

  1. An employee is entitled to take one type of leave or combine the different categories of leave for which he/she is eligible.
  2. An employee is entitled to separate the leave period (with the exception of the Parent Three-day Leave) into a maximum of 2 periods of absence.
  3. The total leave period, including any period of return to work, must be completed within 52 weeks after the child is born or comes into the parent's custody, unless the parent’s EI or QPIP benefits are extended beyond the regular 52-week period. However, the total Parental Leave taken must not exceed 52 weeks.
  4. If both parents are CBC/Radio-Canada employees, each is eligible for 52 weeks of leave within the 52 weeks after the child’s birth or the date the child comes into the parent’s custody.
  5. For purposes of seniority, service is considered unbroken provided an employee returns to work immediately following an authorized leave.
  6. An employee continues to accumulate annual leave credits during a period of Maternity, Adoption or Co-parent Leave, provided that at the end of the leave period, the employee returns to active work for at least 10 working days within a calendar month. An employee is not entitled to use banked leave credits or the Parent Three-day Leave for this 10-day qualifying period.

    An employee continues to accumulate annual leave credits during a period of Maternity, Adoption or Co-parent Leave in cases where the Corporation terminates the employee without cause at the end of the leave period.

    Note: An employee who does not return to active work following a Maternity, Adoption or Co-parent Leave period as a result of a resignation or a termination for cause is not eligible for the annual leave credits accumulated during this period.

  7. Annual leave credits do not accumulate during the period of Child Care Leave or Leave Without Pay.
  8. Maternity, Adoption and Co-parent Leave count as service for severance pay purposes.
  9. Temporary or contract employment is not extended beyond its scheduled termination date as a result of Parental Leave. However, in cases where an extension to the temporary or contract employment is required due to operational requirements, the employment period is extended accordingly even if the employee is on Parental Leave.

I) Types of Parental Leave

Parental Leave comprises Maternity, Adoption or Co-Parent Leave followed by Child Care Leave and Leave Without Pay (where applicable).

A) Maternity Leave

  1. An employee is entitled to start Maternity Leave 11 weeks prior to the estimated date of birth (16 weeks for residents of Quebec) but the leave must end no later than 17 weeks after the actual date of the birth (unless the child is confined to a hospital).
  2. An employee who is absent due to a pregnancy-related medical condition prior to the birth of the child is entitled to apply for disability leave and benefits.

i. Death of a Child

  1. In the event of a miscarriage during or after the 20th week of pregnancy, stillbirth or the death of a child within the 52 weeks following the child's arrival at home, an employee is permitted to remain on leave until a licensed medical physician certifies that she is ready to return to work.
  2. Maternity benefits are paid in full to an eligible employee who would normally have received them, except in the case of a miscarriage before the 20th week of pregnancy. In this event, the employee may qualify for disability leave and benefits.

Note: Depending on the employee's status and years of service at CBC/Radio-Canada, it may be more advantageous to discontinue leave and entitlements under these Rules and Procedures and proceed under disability leave and benefits.

ii. Employees’ Right to Maternity-Related Reassignment and Job Modification

The Canada Labour Code stipulates that a pregnant or nursing employee (at any time from the beginning of pregnancy through the end of the 24th week following the child's birth) is entitled to request a job modification or temporary reassignment if a licensed medical physician advises it for health reasons.

  1. As such, CBC/Radio-Canada must, to the fullest extent possible, modify an employee’s tasks or reassign her to other duties, respecting her functional limitations due to pregnancy.
  2. While the request is being considered, the employee is entitled take a leave of absence with pay until CBC/Radio-Canada:
    • Modifies the job functions;
    • Reassigns the employee; or
    • Informs the employee in writing that neither option is reasonably practicable.
  3. Where a job modification or a reassignment to other duties is not reasonably practicable, the employee is entitled to an unpaid leave of absence until the commencement of Maternity Leave.

B) Adoption Leave

  1. An employee must commence Adoption Leave no later than the date on which the child comes into his/her custody.
  2. If both parents are CBC/Radio-Canada employees, each is eligible for Adoption Leave benefits and 52 weeks of Parental Leave, subject to the following:
    • The SBP is allocated according to the way in which the parents have chosen to divide their EI or QPIP Parental Benefits, and
    • Only one parent receives two weeks of SBP payments.

C) Co-parent Leave

Typically, Co-parent Leave starts on the child’s birth date; however, a later start date is considered if mutually agreed upon by the employee and his/her manager.

II. Leave Entitlements Based on Continuous Service

Employees with 12 Months or More of Continuous Service

  1. An employee who has completed 12 months of continuous service is eligible for CBC/Radio-Canada’s Supplementary Benefits Plan (SBP) provided the employee provides proof of qualification for and receipt of Employment Insurance (EI) or Quebec Parental Insurance Plan (QPIP) benefits and the amount of EI or QPIP received.
  2. SBP amounts are determined by:
    • For permanent employees – base salary.
    • For contract or temporary employees – base salary plus the amount in lieu of benefits and/or pension if applicable.
    • For employees who have been on a continuous temporary upgrade or assignment for at least one year at the time of the Parental Leave – the salary during the temporary upgrade or assignment.
  3. An employee who has completed 12 months of continuous service is entitled to one type of Parental Leave for a maximum of 52 weeks, as per the following tables:

A) Maternity Leave

Child Care Leave Leave Without Pay

Employee Qualifies for EI or QPIP

2 weeks of SBP equal to the difference between normal EI or QPIP Maternity benefits and 93% of salary

+

Up to 15 weeks of SBP of an amount equal to the difference between normal EI or QPIP Maternity benefits and 75% of salary

Up to 35 weeks

Not applicable

Employee Does Not qualify for EI or QPIP

2 weeks at 100% of salary

+

Up to 15 weeks of unpaid leave

Up to 35 weeks

Not applicable

B) Adoption Leave

Child Care Leave Leave Without Pay
Employee Qualifies for EI or QPIP
2 weeks of SBP equal to the difference between normal EI or QPIP Parental benefits and 93% of salary

+

Up to 10 weeks of SBP equal to the difference between normal EI or QPIP Parental benefits and 75% of salary plus up to 5 weeks without SBP* Up to 35 weeks Not applicable

*An employee may be entitled to an extension of SBP during this period if the child is 6 months or older at the time of arrival at the employee’s home or if the child suffers from a physical, psychological or emotional condition, as attested to by a medical, psychological, or adoption agency professional, that requires longer parental care.

Employee Does Not qualify for EI or QPIP

Up to 17 weeks of unpaid leave

Up to 35 weeks Not applicable

C) Co-parent Leave

Child Care Leave Leave Without Pay

Employee Qualifies for EI or QPIP

2 weeks of SBP equal to the difference between normal EI or QPIP Parental benefits and 93% of salary

+

Up to 10 weeks of SBP equal to the difference between normal EI or QPIP Parental benefits and 75% of salary Up to 35 weeks Up to 5 weeks

Employee Does Not Qualify for EI or QPIP

Up to 12 weeks of unpaid leave

Up to 35 weeks Up to 5 weeks

D) Parent Three-day Leave

Child Care Leave Leave Without Pay
Up to 3 days at 100% of salary Up to 35 weeks Up to 17 weeks

GUIDELINES

CBC/Radio-Canada may grant the temporary suspension of an employee’s SBP in exceptional circumstances (e.g. reasons certified by a licensed medical physician, during the hospitalization of a child when a parent wishes to return to work until the child arrives at home, etc.).

In such cases, the employee should contact the Shared Services Centre and EI or QPIP to discuss the most appropriate course of action. Each case is reviewed following discussions between the parent, the child's physician, EI or QPIP, and the Corporation.

Employees with 6 to 12 Months of Continuous Service

An employee who has completed 6 to 12 months of continuous service is entitled to one type of Parental Leave for a maximum of 52 weeks, as per the following table:

Maternity Leave

Child Care Leave

Leave Without Pay

Up to 17 weeks of unpaid leave Up to 35 weeks Not applicable
Adoption Leave Child Care Leave Leave Without Pay
Up to 17 weeks of unpaid leave Up to 35 weeks Not applicable
Co-parent Leave Child Care Leave Leave Without Pay
Up to 12 weeks of unpaid leave Up to 35 weeks Up to 5 weeks

For Employees Who Reach 12 Months of Continuous Service While on Parental Leave:

If an employee's anniversary date to reach 12 consecutive months of continuous employment falls within the Parental Leave period during which SBP applies, payment of SBP benefits starts on the anniversary date and continues for the balance of the Parental Leave period.

For example, an employee who reaches 12 consecutive months of continuous employment in week 6 of Maternity Leave receives the difference between 75 per cent of her weekly salary and normal EI or QPIP Maternity benefits for the remaining 11 weeks. She does not receive the maximum benefits that she would have received had she already completed 12 consecutive months of continuous employment at the commencement of her Maternity Leave.

Employees with Less Than 6 Months of Continuous Service

An employee with less than 6 months of continuous service is entitled to Leave Without Pay for up to 52 weeks.

III. Applying for Leave

  1. An employee must submit the Maternity, Adoption or Co-Parent Leave Application Form to his/her manager at least 4 weeks in advance of the requested commencement of leave.
  2. An employee must submit a written request for any changes to the manager at least 2 weeks before the new date. The manager must confirm approval of the change in writing prior to the new date.

IV. Employee’s Right to Notice of Employment Opportunities and Training while on Parental Leave

  1. While an employee is on Parental Leave, his/her manager must:
    • Inform the employee of employment or promotion opportunities in his/her area of work; and
    • Inform the employee when his/her position requires new training.
  2. The manager must provide adequate time for the employee to complete the training.
  3. The employee is permitted to complete the training upon his/her return to work or, if both the employee and manager agree, during the time of leave. If the training is completed during the time of leave, the employee is entitled to time off in lieu of the training at a later time.

V. Returning to Work

  1. The employee must submit a written notice of intent to return to work to his/her manager and the Shared Services Centre at least 2 weeks before the intended return date.
  2. The manager must provide the employee with a written confirmation of the return date.

Note: For an extended period of Leave Without Pay, refer to the Rules and Procedures on Leave Without Pay.

GUIDELINES

If the employee elected to maintain LTD coverage during Parental Leave, he/she may be eligible to receive LTD benefits if he/she is totally disabled according to the insurer after the waiting period. However the employee is not entitled to receive benefits earlier than the expected date of return to work.

In exceptional cases of serious disability during Parental Leave, it may be more advantageous for the employee to suspend the parental leave and begin receiving disability benefits.

INQUIRIES

All questions pertaining to the application of these Rules and Procedures should be referred to the Shared Services Centre.

APPENDIX

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