1. Purpose
1.1 The purpose of this policy is to enable the employee to care for and bond with a newborn or a newly adopted child.
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2. Scope
2.1 This policy applies to all regular non-unionized non-academic staff, with the exception of University Executives (“E”). Temporary employees are also covered by this policy but are not eligible to the Extended Parental Leave.
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3. Maternity Leave
3.1 Procedures
3.1.1 An eligible employee may take a maternity leave of up to twenty (20) consecutive weeks. The earliest date upon which maternity leave may commence shall be sixteen (16) weeks prior to the expected date of delivery. The maternity leave shall not end later than twenty (20) weeks after the week of delivery.
3.1.2 In order to obtain a maternity leave, the employee must specify in writing to their immediate supervisor, the dates of their intended maternity leave at least two (2) weeks prior to the date of commencement of the leave and submit a request to Human Resources via Workday. The request must be accompanied with a certificate from a legally qualified medical practitioner attesting to the pregnancy and the expected date of delivery.
The length of prior notice may be shorter than two (2) weeks if a certificate from a legally qualified medical practitioner attests that the employee must stop working within a shorter time.
3.1.3 A medical leave required as a result of a termination of pregnancy occurring before the twentieth (20th) week prior to the date of delivery will be treated as fully paid sick leave in the same manner as any other illness.
3.1.4 In the event of a termination of pregnancy in or after the twentieth (20th) week, the employee's maternity leave will commence immediately and will end when twenty (20) weeks in total of maternity leave have elapsed.
3.1.5 A medical leave required as a result of complications of pregnancy or due to danger of interruption of the pregnancy will be treated in the same manner as a medical leave for illness and will be fully paid until the date of delivery, at which time the maternity leave will commence.
3.1.6 If an employee presents a certificate from a qualified medical practitioner stating that the working conditions of their job contain physical dangers or risks of infectious disease for them or the unborn child, the University will attempt to temporarily relocate the employee in an alternate position while continuing all the rights and privileges of their normal job.
If the University is unable to transfer the employee to a suitable alternate position, the employee will be immediately granted a special paid leave until a suitable alternate position becomes available or until the date of delivery, at which time the regular maternity leave will commence. All benefits plans will be continued in respect of an employee for the duration of such special paid leave.
3.1.7 If, before the maternity leave ends, an employee presents a notice accompanied with a certificate from a qualified medical practitioner stating that the health of the employee who gave birth or of their child requires an extension of the maternity leave, the maternity leave will be extended for the duration indicated in the medical certificate.
During this extension, the employee will receive neither maternity leave indemnity nor salary.
3.1.8 When a just born child is not in a state to leave the hospital or is hospitalized within fifteen (15) days of its birth, the employee may interrupt the maternity leave and return to work. The leave can only be interrupted once. The maternity leave may then be resumed when the state of health of their baby is such that hospitalization is no longer required.
3.1.9 An employee who gives birth prematurely and whose child is hospitalized as a result shall be entitled to interrupt their maternity leave and return to work. The maternity leave may then be resumed when the state of health of their child is such that hospitalization is no longer required.
3.1.10 An employee shall be considered to be on paid leave during any absence resulting from certified medical appointments related to their pregnancy. They shall advise their employer as soon as possible of the time at which they are absent.
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3.2 Indemnities
3.2.1 An employee receiving QPIP indemnities shall be entitled to receive an indemnity payable until the end of the twentieth (20th) week of maternity leave. Such indemnity shall be determined for each pay period and will be equal to ninety-five percent (95%) of the employee's regular salary, reduced by the following amounts:
- any benefits which they will be receiving or could be receiving from the Quebec Parental Insurance Plan (QPIP). For the purposes of this item, any amounts subtracted from Quebec Parental Insurance benefits by reason of reimbursement of benefits, interest, penalties and other amounts recoverable under the terms of the Quebec Parental Insurance Plan shall not be taken into account;
- all of the normal payroll deductions which must be made or would have been made had it not been for the maternity leave.
3.2.2 An employee who has acquired a minimum of twenty (20) weeks service prior to the beginning of their maternity leave, and who is not eligible to receive Quebec Parental Insurance Plan benefits, will be entitled to receive an indemnity payable until the end of the tenth (10th) week of maternity leave. Such indemnity will be equal to their regular salary reduced by all of the deductions which must be made or would have been made had it not been for the maternity leave.
3.2.3 All contributory benefit plans will be continued in respect of an employee while receiving an indemnity under the terms of article 3.2.1 or 3.2.2.
3.2.4 All indemnities received under the terms of article 3.2.1 or 3.2.2 will be adjusted to take into account any increases resulting from the application of the salary policy.
3.2.5 For the purposes of the Employment Security Policy and the Vacation Policy, an employee will be given credit for continuous service while on maternity leave, including any extensions granted under the terms of articles 3.1.7, but excluding any extension granted under the terms of article 3.3.2. The employee will continue to accrue vacation while on Maternity Leave.
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3.3 Return to work
3.3.1 During the fourth (4th) week prior to the expiration of an employee's maternity leave, the University will send a written notification of the date upon which their maternity leave will expire and advise them of the obligation to advise the University of their return to work under the terms of article 3.3.2 below.
3.3.2 The employee must give the University a written notice of their intention to return to work not less than two (2) weeks prior to the date of their return. An employee who does not return to work as of the date of expiration of the maternity leave will be granted an automatic four (4) weeks’ unpaid leave.
3.3.3 If, without valid reasons, the employee fails to present themself for work at the date of expiration of the four (4) weeks’ extension provided under article 3.3.2, they will be deemed to have resigned and will be terminated accordingly.
3.3.4 An employee who wishes to return to work earlier than two (2) weeks following the date of delivery must first provide the University with a statement from a qualified medical practitioner attesting to their good health and ability to perform the work required.
3.3.5 Upon their return to work at the end of the maternity leave, the employee will be reinstated in the position they held when maternity leave commenced. If their job no longer exists, they will be granted all of the rights and privileges they would have been accorded at the time their job was abolished had they then been at work.
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4. Adoption leave
4.1 Procedures
4.1.1 An employee who legally adopts a child will be entitled to a leave of a maximum duration of five (5) consecutive weeks. This period is included in the sixty-five (65) week period provided in article 7 (Parental leave).
4.1.2 An employee receiving QPIP indemnities shall be entitled to receive an indemnity payable until the end of the fifth (5th) week of the adoption leave. Such indemnity shall be determined for each pay period and will be equal to ninety-five percent (95%) of the employee's regular salary, reduced by the following amounts:
- any benefits which they will be receiving or could be receiving from the Quebec Parental Insurance Plan (QPIP). For the purposes of this item, any amounts subtracted from Quebec Parental Insurance benefits by reason of reimbursement of benefits, interest, penalties, and other amounts recoverable under the terms of the Quebec Parental Insurance Plan shall not be taken into account:
- all of the normal payroll deductions which must be made or would have been made had it not been for the adoption leave.
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4.1.3 All benefits will be continued in respect of such an employee for the duration of the adoption leave.
4.1.4 An employee shall obtain an adoption leave by submitting a request in Workday and by sending a written notice to the immediate supervisor. This request must be supported by documentation evidencing the fact of adoption.
4.1.5 This leave begins in the week during which the child is effectively put under the employee’s responsibility, or at any other time agreed with the University.
4.1.6 For the purpose of the Employment Security Policy and the Vacation Policy, an employee will be given credit for continuous service while on adoption leave, but excluding any extension granted under the terms of article 4.2.2. The employee will continue to accrue vacation while on Adoption leave.
4.1.7 An employee who travels outside of Quebec, in order to adopt a child, is entitled to a leave of absence without pay of a maximum duration of ten (10) weeks, as necessary for traveling, or, as the case may be, until the child is effectively under their responsibility. The employee who wishes to obtain such a leave should submit a request in Workday by sending a written request to immediate supervisor at least two (2) weeks in advance.
4.2 Return to work
4.2.1 During the fourth (4th) week prior to the date of expiration of an employee's adoption leave, the University will send the employee a notification of the date upon which the adoption leave will expire.
4.2.2 An employee who does not return to work as of the date of expiration of the adoption leave will be granted an automatic four (4) weeks’ unpaid leave.
4.2.3 An employee who, without valid reasons, fails to present themself for work at the date of expiration of the four (4) weeks’ extension provided under article 4.2.2 will be deemed to have resigned and will be terminated accordingly.
4.2.4 Upon return to work from the adoption leave, the University will reinstate the employee in the position occupied before the adoption leave commenced. If the employee's position no longer exists, the employee will be granted all the rights and privileges that would have been accorded at the time the job was abolished had the employee then been at work.
4.2.5 The salary which the employee will receive upon return to work will be the salary the employee received when the leave commenced, increased by the amount of any salary increases implemented during the course of the leave.
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5. Leave for the spouse (birth or adoption)
5.1 Policy
5.1.1 An employee may be absent from work for five (5) days paid leave at the time of the birth of their child, the adoption of a child or when a termination of pregnancy occurs starting from the twentieth week of pregnancy.
5.1.2 The employee must inform the University of their absence as soon as possible. An employee who adopts the child of their spouse will also be entitled to this leave.
The leave can be divided into days at the employee’s request. It cannot be taken after the expiry of the fifteen (15) days following the child’s arrival at either parent’s home or, as the case may be, the termination of pregnancy.
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6. Paternity leave
6.1 Procedures
6.1.1 The paternity leave is in addition to the five (5) days paid leave provided under the leave for the spouse (birth or adoption) and the parental leave of sixty-five (65) uninterrupted weeks.
6.1.2 An employee is entitled to a paternity leave of not more than five (5) uninterrupted weeks without pay at the time of the birth of their child. This leave must be taken at the earliest in the week in which the child is born and end no later than seventy-eight (78) weeks after the child’s birth. In some situations, at the request of the employee and if the employer agrees, this leave may be split into weeks.
6.1.3 An employee receiving QPIP indemnities shall be entitled to receive an indemnity payable until the end of the fifth (5th) week of the paternity leave. Such indemnity shall be determined for each pay period and will be equal to ninety-five percent (95%) of the employee's regular salary, reduced by the following amounts:
- any benefits which they will be receiving or could be receiving from the Quebec Parental Insurance Plan (QPIP). For the purposes of this item, any amounts subtracted from Quebec Parental Insurance benefits by reason of reimbursement of benefits, interest, penalties, and other amounts recoverable under the terms of the Quebec Parental Insurance Plan shall not be taken into account:
- all of the normal payroll deductions which must be made or would have been made had it not been for the paternity leave.
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6.1.4 All benefits will be continued in respect of such an employee for the duration of the paternity leave.
6.1.5 An employee shall obtain a paternity leave by submitting a request in Workday and by sending a written notice to the immediate supervisor at least 3 weeks before the start of the leave by indicating the anticipated start date of the leave and the date of return to work. This notice period may, however, be shorter if the child arrives before the expected date of birth. This leave cannot be interrupted without the authorization of the University or in specific cases mentioned in the Act. This leave cannot be transferred to, or shared with, the other parent.
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7. Parental leave and Extended parental leave
7.1 Procedures
7.1.1 The parents of a newborn child and an employee who adopts a child are entitled to a parental leave without pay of a maximum duration of sixty-five (65) weeks. The leave shall end no later than 78 weeks after the child’s birth or, in the case of an adoption, after the child was entrusted to the employee.
In addition, following the end of the parental leave, the parents of a newborn child and an employee who adopts a child are entitled to an extended parental leave without pay which will end no later than 104 weeks after the end of the maternity, paternity or adoption leaves.
7.1.2 An employee who adopts the child of their spouse will also be entitled to a parental leave and an extended parental leave as described in 7.1.1.
7.1.3 An employee wishing to continue their benefits plans shall indicate in writing prior to the commencement of the parental leave which benefits plans they wish to continue for the duration of the parental leave and extended parental leave.
During the parental leave, the employee and the University will make the regular contributions payable under those plans. During the extended parental leave, the employee shall pay the total cost of any benefits to be further continued.
7.1.4 An employee will only receive credit for continuous service up to the end of the parental leave for the purposes of the Vacation Policy. Credit for service for this purpose will not accumulate beyond the parental leave. The employee will not continue to accrue vacation while on parental and extended parental leave.
7.1.5 An employee, who does not take an extended parental leave, may choose to have a part-time extended parental leave.
In the case of a part-time extended parental leave, the request must stipulate the arrangement of the leave for the position held by the employee, unless there is an understanding to the contrary with the University. In the case of disagreement with the University, as regards the number of days per week, the employee has the right to have up to two days and a half (2.5 days) per week or the equivalent for a period of up to 104 weeks after the child’s birth or adoption. After consultation with the employee, the University determines the schedule of work. Notwithstanding what precedes, the employee must work a minimum of fourteen (14) hours per week.
For the duration of the extended parental leave or part-time extended parental leave, the employee may, upon written request to the University at least thirty (30) days in advance, change one (1) time their extended parental leave into a part-time parental or extended parental leave or vice versa, as the case may be, subject to any agreement with the University to the contrary.
7.1.6 An employee on part-time parental or extended parental leave will receive credit for continuous service for the purposes of the Vacation Policy, up to the end of the sixty-fifth (65th) week of parental leave.
7.1.7 An employee wishing to obtain full-time benefits coverage for the duration of the part-time parental or extended parental leave shall indicate in writing prior to the commencement of the part-time parental or extended parental leave which benefits plans they wish to continue for the duration of the part-time parental or extended parental leave.
During the part-time parental leave, the employee and the University will make contributions payable under those plans based on the reduced salary.
7.2 Return to work
7.2.1 During the fourth (4th) week prior to the date of expiration of an employee's parental or extended parental leave, the University will send the employee a notification of the date upon which the leave will expire.
7.2.2 The employee must give the University a written notice of their intention to return to work not less than two (2) weeks prior to the end of the parental or extended parental leave. Should the employee, without valid reasons, fail to provide such notice or fails to present themself for work at the date of expiration of the parental or extended parental leave, the employee will be deemed to have resigned and will be terminated accordingly.
7.2.3 An employee may elect to return to work prior to the anticipated date of expiration of the parental or extended parental leave upon presentation of prior written notice of at least thirty (30) days to the immediate supervisor.
7.2.4 Upon return to work from the parental or extended parental leave (full time or part time), the University will reinstate the employee in the position occupied before the original maternity, adoption or paternity leave commenced. If the employee's position no longer exists, the employee will be granted all the rights and privileges that would have been accorded at the time the job was abolished had the employee been at work.
7.2.5 The salary which the employee will receive upon return to work, will be the salary the employee was receiving when the leave commenced, increased by the amount of any salary increases implemented during the course of the leave.
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8. APPROVAL AND REVIEW DETAILS
Revised June 2023
Revised December 2022
Revised June 2021
Revised February 2007
Revised October 2006
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