Staff Report. Pregnancy and Parental Leave Employee Policy Prepared by: Jennifer Moreau, Director of Human Resources

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1 This document can be made available in other accessible formats as soon as practicable and upon request Staff Report Human Resources Report To: Committee of the Whole Meeting Date: June 25, 2018 Report Number: FAF Subject: Pregnancy and Parental Leave Employee Policy Prepared by: Jennifer Moreau, Director of Human Resources A. Recommendations THAT Council receive Staff Report FAF entitled Pregnancy and Parental Leave Employee Policy ; and AND THAT Council approve the Corporate Pregnancy and Parental Leave Policy POL.COR.18.XX for non-union staff; AND THAT Council rescinds section 4 of POL.COR Leaves of Absence a policy that included a section on pregnancy and parental leave. B. Overview This Staff Report provides Council with an updated stand-alone policy for pregnancy and parental leave for non-union staff. C. Background In 2013 Council approved a Leave of Absence policy for staff. The policy includes absences related to: Bereavement Leave Jury Duty & Attendance in Court Leave Personal Unpaid Leave of Absence Pregnancy and Parental Leave The current leave policy no longer covers all leaves applicable to the employees of the Town of The Blue Mountains. Changes have taken place in legislation that provide different and expanded leaves for all employees in Ontario. Our policy is out of date with legislation. The Senior Management Team (SMT) is committed to updating and creating a stand-alone policy for each leave that employees have access to. The updated policies that SMT will be reviewing and bringing forward to Council this year include:

2 Committee of the Whole June 25, 2018 FAF Page 2 of 3 Short Term Disability Leave Pregnancy & Parental Leave for Council Pregnancy & Parental Leave for Employees Personal Leaves of Absence Jury or Court Witness Leave Bereavement Leave (Staff Report FAF.18.83) Crime Related Child Leave Critically Ill Child Leave Family Medical Leave Personal Emergency and Sick Leave (Staff Report FAF.18.84) D. Analysis Changes to the Pregnancy and Parental policy include: Creating a stand-alone policy with a Frequently Asked Questions document to further assist in understanding the rules and procedures related to pregnancy and parental leave. A definitions section. A fulsome explanation of the differences between Pregnancy and Parental Leave A section on OMERS and Health Benefits and Vacation is included. Compensation and Performance Appraisal sections are included. Reference links are included for Service Canada EI Benefits and the Employment Standards of Ontario guidelines for Pregnancy and Parental Leave Benefits. E. The Blue Mountains Strategic Plan Goal #4: Objective #1 Objective #2 Objective #3 Objective #4 Objective #5 Promote a Culture of Organizational & Operational Excellence To Be an Employer of Choice Improve Internal Communications Across our Organization To Consistently Deliver Excellent Customer Service To Be a Financially Responsible Organization Constantly Identify Opportunities to Improve Efficiencies and Effectiveness F. Environmental Impacts Not applicable.

3 Committee of the Whole June 25, 2018 FAF Page 3 of 3 G. Financial Impact Not applicable. H. In Consultation With I. Attached Ruth Prince, Director Finance & IT Services Michael Benner, Director Planning & Development Services Reg Russwurm, Director Infrastructure & Public Works Shawn Everitt, Interim Chief Administrative Officer Rob Collins, Director Enforcement and Fire Services Deanna Vickery, Development Engineering Reviewer 1. POL.COR Leaves of Absence (Page 4 Section 4 is related to Pregnancy and Parental Leave). 2. POL.COR.18.XX Pregnancy & Parental Leave Employee Policy 3. Frequently Asked Questions (FAQ) Pregnancy & Parental Leave Respectfully submitted, Jennifer Moreau Director of Human Resources For more information, please contact: Jennifer Moreau hr@thebluemountains.ca extension 244

4 Attachment 1 FAF TOWN OF THE BLUE MOUNTAINS POLICY & PROCEDURES Subject Title: Leaves of Absence Corporate Policy (Approved by Council) X Policy Ref. No.: POL.COR Administrative Policy (Approved by CAO) By-law No.: N/A Department Policy: (Approved by Mgr.) Name of Dept.: Human Resources Date Approved: December 16, 2013 Staff Report: CAO Purpose The policy is intended to provide time away from work as defined below. Application This policy applies to all employees (full-time, part-time, temporary full-time). This policy establishes the procedure to follow in such circumstances. Policy Statement 1. Bereavement Leave Purpose: This policy is intended to provide paid time away from work in the event of a death of a member(s) of the employee s immediate family. Policy Statement: All bereavement leave is to be taken within five (5) calendar days before or after the day of the funeral. Additional paid or unpaid leave of absence for bereavement purposes may be granted upon request. Where reasonable circumstances warrant, additional days may be granted upon the approval of the Department Head and CAO. In the case of the CAO, the additional paid or unpaid leave would be approved by the Mayor. A permanent full-time, part-time or temporary full-time employee will receive five (5) working days off with pay in the event of a death of: The employee s partner The employee s child The employee s partner s child - 1 -

5 The employee s grandchild The employee s partner s grandchild The employee s mother or father (or anyone who stands in loco parentis to the employee) The employee s partner s mother or father (or anyone who stands in loco to the employee) The employee s stepmother or stepfather The employee s grandmother or grandfather The employee s brother or sister A permanent full-time, part-time or temporary full-time employee will receive three (3) working days off with pay in the event of a death of: The employee s partner s sister or brother The employee s partner s stepmother or stepfather The employee s partner s grandmother or grandfather The employee s niece or nephew For purposes of attendance at the funeral, a permanent full-time, part-time or temporary fulltime employee will receive two (2) scheduled working days off with pay in the event of a death of: The partner of the employee s brother or sister An employee may be granted one working day leave of absence without pay to attend the funeral of a non-relative when an employee wishes to attend. For the purposes of attending a funeral outside the province or country, the CAO may grant additional time off at their discretion. Definitions: Employee s Partner For the purposes of this policy, the term employee s partner shall be deemed to include a common-law partner provided that the employee has previously declared the common-law relationship in writing to Human Resources. Employee s Partner (per the Canada Revenue Agency) is the legal spouse or the common-law partner who is not your spouse, with whom you are living in a conjugal relationship and has been living with you in a conjugal relationship, and this current relationship has lasted at least 12 continuous months. Working Day For purposes of the policy, a working day shall be defined as the normal scheduled hours at the regular rate of pay for that day

6 Fire Department: A Full time employee of the Fire Department may be granted leave of absence to attend the funeral of firefighting personnel of the Grey County Mutual Aid whom have lost their life in the line of duty. The Fire Chief or designate may be granted leave of absence to attend the funeral of area firefighting personnel whom have lost their life in the line of duty. 2. Jury Duty & Attendance in Court Leave Purpose: To provide a leave of absence for an employee who is required to attend court proceedings. Policy Statement: An employee, who is required to serve as a juror or subpoenaed witness in any court, shall be granted a leave of absence. An employee shall notify their immediate supervisor as soon as the employee is aware of the requirement to serve as a juror or witness. Such leave shall not constitute a break in service. Upon completion of jury duty or attendance as a witness, such employee shall present to the Department Head a satisfactory certificate showing the period of such service. Such employee will be paid full salary or wages at straight time, not to exceed scheduled regular hours of work, for the period of such summons to jury duty or summons under subpoena to attend as a witness, provided the employee deposits with the Director of Finance & IT Services the full amount of compensation received, excluding expenses, and an official receipt thereto. 3. Personal Unpaid Leave of Absence Purpose: The Town may grant unpaid leaves of absence to an employee where good and sufficient cause exists. Approval is not guaranteed. Policy Statement: A leave of absence may be granted upon written request to the employee's Department Head. Personal leaves of absence in excess of three (3) months duration require the prior approval of the Department Head, the Manager of Human Resources, and the Chief Administrative Officer. The approval process will involve consideration of the following factors: - 3 -

7 a) Length of employment. b) Number of previous leaves of absence. c) The purpose of the leave of absence. d) The ability of the department to cover the employee's work during the leave of absence. e) Any other relevant factors. In the case of requests for leave of absence from a Department Head and/or CAO, such requests shall be placed before Council in closed session. 4. Pregnancy and/or Parental Purpose: To provide a leave of absence for an employee who requests a pregnancy and/or parental leave. Policy Statement Pregnancy Leave is available to all female staff without a waiting or qualifying period. All other terms and conditions are as established by the Employment Standards Act. Parental Leave is available to all staff without a waiting or qualifying period. All other terms and conditions are established by the Employment Standards Act. During such leave, service shall continue to accrue but such periods of leave shall not count towards probationary periods, or periods of progression on a pay scale. The Employee on leave shall continue to accumulate vacation and sick leave entitlement during the length of the Pregnancy and/or Parental Leave. In the event that vacation accrual exceeds the allowable carryover, excess accumulation must be taken following the expiry of the leave and prior to the employee returning to work. Exceptions to this will only be allowed with express written permission from the Department Head, and in all cases, the carryover must be taken within 12 months from the end of the leave. Insurance Benefits shall be maintained by the Town during the Pregnancy and/or Parental Leave. All other benefits shall be in compliance with the Employment Standards Act. Adoption leave shall be granted in the same manner as parental leave. NOTE: Leaves of absence longer than thirty (30) calendar days will require the employee to fund the premium costs of any benefits that are continued during such leave. For the purpose of OMERS, any leave of absence is considered a break in service and the employee may buy back this service by paying both their own and the Employers contributions

8 Consequences of Non-Compliance Failure to adhere to the requirements outlined in this Policy may lead to progressive disciplinary action up to and including termination of employment. Review Cycle This policy will be reviewed once every term of Council by the SMT. Any substantive changes to this policy will require Council approval

9 Attachment 2 FAF POL.COR.18.XX Page 1 of 5 Pregnancy and Parental Leave - Employee Policy Policy Type: Policy Date Approved: Month, 00, 2018 Department: Staff Report: By-Law No.: Policy Statement POL.COR.18.XX Pregnancy and Parental Leave Employee Policy Corporate Policy (Approved by Council) Human Resources FAF Not Applicable The Town of The Blue Mountains ( the Town ) recognizes that life events such as pregnancy, childbirth and when a child joins a family are significant periods of time for all persons involved. The Town supports employees through these events with the provision of pregnancy and parental leaves in accordance with Ontario s Employment Standards Act (ESA). The Town is fully committed to maintaining an inclusive and respectful work environment consistent with the Ontario Human Rights Code (OHRC). New parents and pregnant employees who require additional supports that are not covered under this policy should seek advice from their Manager or the Human Resources Department for more information pertaining to their specific needs. Purpose The purpose of this policy is to provide employees with an overview of pregnancy and parental leaves available under the ESA, outline the roles and responsibilities of employees and supervisors in the accommodation of pregnancy-related needs, and implementing pregnancy and parental leaves of absence. Application This policy applies to employees who are eligible to take pregnancy and parental leave as permitted under applicable employment standards legislation. Unionized employees should also refer to their applicable collective agreement for any related provisions. Definitions Parent: As per the Ontario Employment Standards Act, a parent includes:

10 POL.COR.18.XX Page 2 of 5 Pregnancy and Parental Leave - Employee Policy a birth parent (biological) an adoptive parent (whether or not the adoption has been legally finalized) a person who is in a relationship of some permanence with a parent of the child and who plans on treating the child as his or her own. This includes same-sex, trans and gender diverse partnerships Parent Who Has Given Birth: The parent who carried and delivered a child, including through caesarean section. Pregnancy: The process of having a baby from conception up to the period following childbirth. Pregnancy Leave: The leave provided under Ontario s Employment Standards Act to the parent who has given birth, for the purpose of recovering from the physical demands of child birth. Parental Leave: The leave provided under Ontario s Employment Standard s Act to parents for the purpose of providing care to any child that has come under the care, custody, and control of the parent for the first time. Applies to the parent who has given birth following the end of the pregnancy leave. Leave for the purpose of adoption is considered parental leave. Procedures Pregnancy Leave: A pregnant employee who has at least thirteen (13) weeks of employment before the expected date of birth is entitled to and must be granted a pregnancy leave of absence without pay, not exceeding seventeen (17) weeks in duration provided they: Parental Leave: submit a note in writing to their direct Supervisor and the Human Resources department for pregnancy leave at least four (4) weeks before the date on which the leave is to commence; and Parental Leave is the leave provided under Ontario s Employment Standard s Act to parents for the purpose of providing care to any child that has come under the care, custody, and control of the parent for the first time. Applies to the parent who has given birth following the end of the pregnancy leave. Leave for the purpose of adoption is considered parental leave. A parent who has given birth is entitled to 61 weeks of parental leave beyond the 17 weeks of pregnancy leave. The child s other parent is entitled to a maximum of 63 weeks of parental leave. If the child s other parent chooses to take parental leave, they must begin their leave no later than 78 weeks after the birth or after the child first comes into their care, custody or control. Employees may take a shorter leave if desired; however once commencing the leave it

11 POL.COR.18.XX Page 3 of 5 Pregnancy and Parental Leave - Employee Policy must be taken all together. For instance, employees cannot begin the leave, return to work, and then decide to take the remainder of the leave at a later date. Notice Period Employees are encouraged to provide as much notice as possible before taking pregnancy or parental leave so that the Town can plan accordingly. Employees must give the Town written notice at least four (4) weeks before the start of the leave. Where an employee must begin their leave immediately due to unforeseen circumstances such as illness or complications caused by pregnancy, and cannot provide four weeks notice, the employee will inform their supervisor as soon as possible. Employees must give the Town four weeks written notice of when they plan to end the leave or if they wish to change the return date to an earlier or later time. Employees who decide not to return to work at the end of the leave are requested to give the Town at least four weeks written notice of his/her intention to terminate employment. Right to Reinstatement Upon their return, an employee who has taken pregnancy leave, parental leave, or both is entitled to return to the same job that they had before the leave. In the event that the job that the employee held before taking a leave no longer exists upon their return, the employee will be placed in a comparable job. Employment Insurance The Federal Employment Insurance Act provides eligible employees with pregnancy leave and/or parental leave benefits that are payable over the period that the employee is off on such leaves. Employment insurance is paid to one parent or the other, or can be split between both parents. Health & Wellness Benefits For employees who are eligible for benefits, continued coverage will be offered during pregnancy leaves and parental leaves as follows: Benefit coverage includes extended health and dental coverage, group life insurance and accidental death and dismemberment insurance benefits and the employee assistance plan (EAP). Employees enrolled in optional life insurance will have the option to continue coverage during their leave. If an employee chooses to cease coverage during leave and wishes to continue coverage upon their return, the employee will have to reapply. This will require an employee to medically qualify for this coverage with the Insurer.

12 POL.COR.18.XX Page 4 of 5 Pregnancy and Parental Leave - Employee Policy Unionized employees are advised to review their respective Collective Agreements where applicable for specific details on their benefits during pregnancy and parental leave. Performance Appraisal When it is known that an employee will be taking pregnancy or parental leave, their supervisor is advised to complete a Performance Appraisal (PA) before the individual commences their leave. Pay Increases During Leave An employee who is away from the workplace due to a pregnancy or parental leave is entitled to any annual pay increase they normally would receive during that time. An employee who was due for a step increase during their leave, and did not have a PA completed prior to commencing their leave, may be required to work for an assessment period before the step increase will be initiated. Pay or step increases will take effect upon the employee s effective date of return. Seniority, Service and Vacation Seniority and service will continue to accrue for employees who are on pregnancy and parental leave. Vacation pay does not accrue while an employee is on leave. Vacation time is earned while on leave and may be taken prior to the employees return. OMERS Pension If an employee wishes to maintain pension service credits he/she must pay the employee's contributions for the duration of the leave. The Town will match these contributions if the contributions are completed prior to the end of December 31 st of the year following the leave end. Return of Town Property for Duration of Leave Employees who will be away from the workplace on a pregnancy or parental leave must leave all Town property (such as laptops, pagers, cell phones, etc) with their direct supervisor at the end of their last scheduled work day before the leave. If an employee has to start their leave earlier than was anticipated, the employee must make arrangements with their supervisor to return the property as soon as it is possible to do so. Exclusions This policy does not apply to Members of Council.

13 POL.COR.18.XX Page 5 of 5 Pregnancy and Parental Leave - Employee Policy References and Related Policies POL.COR Vacation Policy Employment Standards Act of Ontario Guide to Pregnancy and Parental Leave: EI Maternity and Parental Benefits Overview: Consequences of Non-Compliance Compliance with this policy shall be interpreted in a manner consistent with the Ontario Human Rights Code. Failure to comply with this Policy will result in the appropriate disciplinary action up to and including termination of employment. Review Cycle This policy will be reviewed once per term of council or as required due to legislative change.

14 Attachment 3 FAF Frequently Asked Questions FAQ Pregnancy and Parental Leave The following will answer the most frequently asked questions from employees regarding pregnancy and parental leave. Q. What are the eligibility criteria for pregnancy and parental leaves? A parent must be employed with the same employer for a period of 13 weeks prior to the expected birth date. Q. Who is eligible for pregnancy and parental leaves? Both full-time and part-time employees are entitled to unpaid pregnancy and parental leaves. Only the parent who has given birth is entitled to the 17 week unpaid pregnancy leave. As of December 3, 2017, both parents are entitled to up to 61 weeks unpaid parental leave. An employee who is the parent and who has not taken pregnancy leave is entitled to up to 63 weeks of job protected parental leave without pay. The Town does not provide payment for this leave. Pregnancy and Parental Leave benefits are paid via Service Canada ( Q. When can I start my pregnancy leave? Pregnancy leave may commence up to 17 weeks before the expected birth date and no later than the date of the birth. Pregnancy leave must be taken consecutively and time cannot be split up. Q. When can I start my parental leave? The parent who has given birth must commence their parental leave immediately upon completion of the unpaid pregnancy leave or when the child comes in their care, custody and control. The other parent and/or adoptive parents must commence their parental leaves within 78 weeks of the child s birth or after the child first comes into custody, care and control of the parent. Parental leaves must be taken in consecutive weeks. Q. How do I apply for pregnancy leave? An employee is required to give the Town a minimum of four weeks written notice of the anticipated date on which their pregnancy leave is to begin. 1

15 Q. How do I apply for parental leave? A parent is required to give their department a minimum of four weeks written notice prior to the anticipated start of the parental leave. Q. Can I change my intended date of pregnancy or parental leave? The start date of either the pregnancy or parental leave may be changed to an earlier date by providing written notice to your Supervisor at least two weeks prior to the requested earlier date. The start date may be changed to a later date by providing written notice two weeks prior to the date the leave was originally scheduled to commence. Q. Can I change my return to work date? An employee on pregnancy or parental leave may change to earlier return date by giving the corporation four weeks written notice of the earlier intended return date. The return date may also be extended (within the maximum legislated limits) by giving the Town four weeks written notice before the original date the leave was scheduled to end. Q. How will my seniority/service be affected when I am taking maternity and parental leave benefits? Seniority accrues normally as if you had been at work during the period of your pregnancy or parental leave. Q. How will my employment benefits be impacted? The Town will continue to pay premiums for employment benefits (Extended Medical, Vision, Dental) during both pregnancy and parental leaves. If an employee is paying for optional life insurance benefits, the employee must make arrangements to pay for the insurance during their leave via post-dated cheques or coverage will be terminated. Q. How will my vacation entitlement be affected? An employee who receives vacation pay (instead of accruing vacation as time off) who has taken pregnancy/parental leave does not accrue paid vacation while they are on unpaid leave. Paid vacation entitlement will be subject to pro-rating based on a pregnancy/parental leave. As per Corporate Policy, one week of vacation days unused at year-end, (while on pregnancy/parental leave) can be carried over until you return from leave. Additionally, unpaid vacation time continues to accrue while you are on leave and this may be utilized prior to returning to work. 2

16 Q. What if I pass a salary/pay step increase date when I am on a pregnancy or parental leave? Increases are granted at the discretion of the Supervisor. Your department must have adequate opportunity to assess your on-the-job performance prior to granting an anniversary pay increase. A performance appraisal should be completed prior to the employee going on leave. Q. What position will I return to when my leave is finished? You must be reinstated to the same position if it still exists or to a comparable position if it does not. You will be reinstated within the current range of pay for your position. Q. What happens to my computer purchase loan payments while I am on leave? As per the promissory note you signed at the time of your loan, you are required to submit postdated cheques to the Human Resources Department to cover your payments during your leave period. Q. What options exist for OMERS contributions? You may buy credited service in the OMERS plan for up to 17 weeks of pregnancy leave and/or up to 61 weeks of parental leave. OMERS treats pregnancy and parental leaves as one continuous period. All leave periods may be purchased, wholly or in part, by December 31st of the year following the leave period end date. If you elect to purchase your leave period within this time frame, then the Town will contribute their matching contribution. If you do not purchase within this time frame, you may still purchase credited service at a later date but the buy back cost will be considerably greater. Refer to the buy back section of your OMERS booklet or the OMERS website at: Q. Employment Insurance Registration You should apply as soon as possible once you have stopped working, even if the Town has not yet submitted your ROE to Service Canada. You should be aware that if you delay applying for benefits beyond four weeks after your last day of work, you risk losing benefits. You must apply online through Service Canada s Website at Your record of employment from the Town will automatically be submitted to Service Canada electronically. Q. What if I am unable to work at my regular job due to my pregnancy? If you are unable to perform your regular duties due to your pregnancy and you require modified work, discuss your need for accommodated work with your supervisor. You may also be required to submit information, from your treating health care practitioner, outlining your restrictions and limitations to Human Resources. The Human Resources department, along with your department management, will identify suitable work within the restrictions/limitations. 3

17 Q. What if my doctor does not want me to work at all due to complications during my pregnancy? If your doctor requires you to remain off work due to complications related to your pregnancy, a Short Term Disability claim form must be completed and submitted to the Human Resources department. 4