OECTA Halton Elementary Unit. Maternity/Parental Leave

Transcription

1 OECTA Halton Elementary Unit Maternity/Parental Leave

2 Pregnancy, Parental and Adoption Leaves (Based on current legislation and the Collective Agreement) General Information: There are two sets of laws and our Collective Agreement which impact on Pregnancy and Parental Leaves. The Employment Insurance Act (Federal) - guarantees money, provided that the employee has a minimum of 600 insurable hours during the past 52 weeks. Work days count for seven (7) hours, this includes P.A. days and sick days taken. The actual weekly benefit amount varies depending on your annual salary. The 2013 maximum benefit benefit payable is $501/wk. This benefit is subject to income tax. Claimants are restricted to a total of 50 weeks pregnancy/parental leave benefits in any 52 week period. The Employment Standards Act (Provincial) - guarantees time off and job security. Employment Standards Act - Parenting Leaves Pregnancy Leave -up to 17 weeks -up to 15 weeks of Employment Insurance payments -available to natural mothers only -must give employers two (2) weeks notice to qualify Parental Leave -up to 35 weeks if taken in conjunction with pregnancy leave, 37 weeks otherwise -available to natural or adoptive parents -may be claimed by either parent or shared by both parents -taken immediately following Pregnancy Leave or when a child comes into care/custody/control for the first time -cannot be severed for holiday periods -must be taken within the first year

3 You may begin your Pregnancy Leave no earlier than the day that is 17 weeks before your due date or the day the baby is born, whichever comes first. The earliest that Employment benefits may begin is 10 weeks (including the two week waiting period) before the expected date of birth. The latest date your Pregnancy Leave may begin is your expected date of delivery or your actual delivery date, whichever comes first. The Collective Agreement provides some additional benefits in both time and money. Benefits The employer continues to pay the usual share of benefit premiums up to 52 weeks. The employee is responsible to pay for Long Term Disability Benefits. O.E.C.T.A., Halton Elementary Unit strongly advises all of it s members to continue this benefit. Any break in service could put you and your family at financial risk. A break in service could mean that if there were complications during delivery/ postpartum depression/ a serious illness during the period of this leave that would require the member access Long Term Disability benefits, the member would be denied. Upon returning to work the member would be required to join the LTD plan once again with a preexisting condition. Under our local Collective Agreement a member has access to 11 (eleven) sick days paid at 100%. Once these days are exhausted a member has access to 120 (one hundred and twenty) Short Term Disability Leave Plan days, paid at 90%. In the school year, if a member has unused regular sick days left over from the school year, they can be used to top up STDLP days. Each left over sick day is cut up into 10, 10%s. Each 10% portion can be added to a STDLP day to top it up to be paid at 100%. If a member has 2 (two) left over days that would give the member the ability to top up 20 STDLP days to be paid at 100%. This transaction is done automatically through the HCDSB payroll department. If a teacher who is pregnant develops complications due to her pregnancy or develops an illness which, in her doctor s opinion, necessitates taking

4 time off due to illness, she would access her regular sick days and then her STDLP days. These days can also be used for doctor s appointments. Depending on the length of the time off or the frequency a doctor s note indicating that the teacher is to be off due to illness and under her doctor s care, may be required. Under our local Collective Agreement a teacher only taking the statutory Parental Leave, either Pregnancy or Pregnancy and Parental, the teacher shall be guaranteed the same school and position upon return as per the Employment Standards Act as amended from time to time. During statutory leaves seniority, sick leave credits (if applicable, as per CA) and salary increments (if applicable) continue to accumulate as if the teacher were actively employed. Under our local Collective Agreement, a teacher may request to have an Extended, Unpaid Leave of Absence for a period of one (1) year when taken in conjunction with Pregnancy Parental or Adoption Leave (see Elementary Collective Agreement Article X). Teachers taking Pregnancy/Parental leave in excess of the statutory leave, may participate in the benefit plans provided the full cost of the monthly premiums is paid by the teacher on a schedule established by the Board. Participation is subject to approval by the carrier. As stated above, O.E.C.T.A., Halton Elementary Unit strongly advises all of it s members to continue to participate in the LTD plan with NO break in service. As per our local Collective Agreement, a male teacher shall be permitted absence with pay for a period of up to 2 (two) days for the birth of his child within the week surrounding the birth or adoption of the child with no deduction from sick leave. An Adoptive Parental leave of two (2) days will be granted to a teacher in conjunction with the adoption of the teacher s child. Under the local Collective Agreement, the Halton Catholic District School Board will pay a Supplemental Employment Benefit top up for the first (8) eight weeks of E. I. payments to 100% of the teacher s salary. The full 8 weeks will be paid even if a natural break (i.e. summer) occurs. Payment

5 will resume after the break ends. LTO teachers are eligible for these benefits, also. The teacher must apply to the Board for this benefit and verify that she has applied for and qualified for Employment Insurance (to verify eligibility a copy of the teacher s E. I. My Current Claim web page must be sent to the Board s Payroll Department). The information provided must include that (2) two week waiting period information. The Board provides samples of the information required to the teacher. In the teacher s final pay period, prior to her Pregnancy leave starting, her accruals will be paid out (the 4% of salary held back by the Board to provide pay to teachers over the summer). Before Your Leave: Obtain a letter or certificate from a medical practitioner, verifying that you are pregnant and stating your expected date of delivery. As soon as possible but no less than (2) two weeks before the leave is to begin, write a formal request to Joe O Hara, Executive Officer, Human Resources (see sample), you may cc. your principal and keep a copy for your own records. Be sure to include a copy of the letter or certificate you received from your doctor. Before beginning your leave, contact: the Board s Payroll Department (R.O.E. & 8 week top up) the Board s Benefits Department (confirmation of continuation in Benefits Plan, including LTD) the Ontario Teacher s Pension Plan (the cost involved if continuing your pension contributions or information regarding buy backs). OTPP You will need your Social Insurance Number for file reference when you contact the Pension Plan Board. It is the teacher s responsibility to secure information regarding credit for experience and pension payment when on a leave for any reason.

6 Obtain a Claimant s Kit by contacting Service Canada: or by going into your nearest Service Canada office. The E. I. C. does not backdate benefits so it is important to make your claim as soon as possible. but not more than (10) ten weeks before your estimated date of delivery or it will be returned to you. A teacher who is on a leave of absence for pregnancy or adoption remains a statutory member of O.E.C.T.A. without payment of fees. Before You Return to Work: Write to Joe O Hara, Executive Officer, Human Resources to confirm that date on which you will be returning to work. If you are requesting an unpaid, Extended leave submit your request to the Executive Officer, Human Resources, at least 4 weeks prior to the end of your statutory leave.

7 Sample Letter - Pregnancy/Parental Leave Date Joe O Hara Executive Officer, Human Resources Halton Catholic District School Board 802 Drury Lane Burlington, ON L7R 2Y2 Dear Mr. O Hara, I am applying for Pregnancy and Parental Leave to begin and to end. Enclosed, you will find my medical doctor s certificate stating my expected date of delivery:. I understand that during my statutory Pregnancy/Parental Leave the Board will continue to pay its portion of my Employee Benefits. I wish to continue all the Benefit Plans in which I am currently enrolled OR I wish to continue the following Benefit Plans (choose only those you wish to keep, understanding the Board pays 100% of premiums for full time, permanent teachers and a prorated portion for part time teachers): Extended Health Care, Dental Insurance, Basic Life Coverage, Supplemental Life Coverage. I also wish to continue Long Term Disability Coverage at my own expense. Sincerely, Teacher s Name Teacher s School and assignment cc. Principal s name

8 Sample Letter - Extended Leave Date Joe O Hara Executive Officer, Human Resources Halton Catholic District School Board 802 Drury Lane Burlington, ON L7R 2Y2 Dear Mr. O Hara, My statutory Pregnancy/Parental Leave is due to end on. Following my statutory Pregnancy/Parental Leave I wish to apply for an unpaid, Extended Leave of Absence. I anticipate returning to work on. I understand that all Benefit premiums during this Extended Leave are my responsibility and that I will not be accruing seniority for increment purposes during this extension of my Pregnancy/Parental Leave. Thank you for your consideration in this matter. I look forward to your reply. Sincerely, Teacher s Name Teacher s school and assignment cc. Principal

9 Sample Letter - Adoption (Parental) Leave Date Joe O Hara Executive Officer, Human Resources Halton Catholic District School Board 802 Drury Lane Burlington, ON L7R 2Y2 Dear Mr. O Hara, I wish to notify you of my plans to adopt a child. I am applying for Parental Leave and I anticipate that my leave will begin and will end on. However, I would request to being the leave immediately when the child becomes available. I understand that during my statutory Parental Leave the Board will continue to pay its portion of my Employee Benefits. I wish to continue all the Benefit Plans in which I am currently enrolled OR I wish to continue the following Benefit Plans (choose only those you wish to keep, understanding the Board pays 100% of premiums for full time, permanent teachers and a prorated portion for part time teachers): Extended Health Care, Dental Insurance, Basic Life Coverage, Supplemental Life Coverage. I also wish to continue Long Term Disability Coverage at my own expense. Sincerely, Teacher s Name Teacher s school and assignment cc. Principal

10 Sample Letter - Return to Work Date Joe O Hara Executive Officer, Human Resources Halton Catholic District School Board 802 Drury Lane Burlington, ON L7R 2Y2 Dear Mr. O Hara, I am currently about to complete a statutory (extended) Pregnancy/Parental (Parental) Leave. This letter is to advise you that it is my intention to return to (name of school) on a full (part) time basis, effective. (If you plan to reduce your assignment i.e. from 1.0 to.5, you will have to apply for an unpaid, half time leave of absence. This will be provided at the discretion of the Board.) I understand that upon my reinstatement from my Leave, my benefits will be automatically reinstated (if they were suspended) and that it is my responsibility to ensure that I request dependent coverage in order for my dependents to receive coverage under the Benefits Plan. Thank you for your attention to this matter. Sincerely, Teacher s Name Teacher s school and assignment cc. Principal

11 Related Resources Service Canada: Employment Insurance Maternity and Parental Benefits Halton Region HaltonParents (Pregnancy & Parenting) Halton Parenting Directory The MotHERS Program Community Resources