Civilian Collective Agreement – Article 13 Leaves of Absence

13.01

An employee may request a leave of absence without pay and without accumulation of credits. A Deputy Minister shall not unreasonably deny such requests.

13.02.01

An employee shall be allowed up to three (3) days leave of absence with pay in the event of the death of their spouse, common-law spouse, same-sex spouse or partner, mother, father, stepmother, stepfather, mother-in-law, father-in-law, son, daughter, son-in-law, daughter-in-law, stepson, step-daughter, brother, sister, stepbrother, stepsister, brother-in-law, sister-in-law, ward, guardian, step-grandparents, step-grandchildren, grandchildren and the grandparents of the employee and spouse. “In-law” and “step” relationships listed in this Article include such relatives of a common-law spouse or same sex spouse or partner.

13.02.02

An employee shall be allowed one (1) day leave of absence with pay in the event of the death of their aunt, uncle, niece or nephew.

13.02.03

Necessary traveling time may be granted in accordance with Section 13.07.01 in the event of the death of a relative listed in Articles 13.02.01 or 13.02.02.

13.02.04

Bereavement leave will not be pro-rated for an employee in a Compressed Work Week arrangement.

13.03

Where an employee is absent by reason of a summons to serve as a juror or subpoena to serve as a witness, the employee shall treat the absence as leave with pay and pay to the Employer any fee that was received as a juror or witness.

13.03.02

(a) Where an employee is off work on approved STSP, LTIP, WSIB or pregnancy/parental leave and the Employer is aware that the employee is unable to attend court for medical reasons, the Employer will take necessary steps to advise the Crown and/or Court.

(b) Where an employee is off work on approved STSP, LTIP, WSIB or pregnancy/parental leave and the Employer is not aware that the employee is unable to attend court for medical reasons, the employee shall notify the Employer as soon as possible and the Employer will take necessary steps to advise the Crown and/or Court.

13.04.01

The Commissioner or Assistant Deputy Minister (as applicable) may grant a leave-of-absence for no more than one (1) week with pay and no more than one (1) week without pay in a fiscal year to an employee for the purpose of participating in Canadian Forces Reserve training.

13.04.02

An employee granted a leave of absence pursuant to Article 13.04.01 shall accrue credits during such leave.

13.05.01

The Commissioner or Assistant Deputy Minister (as applicable) shall grant leave of absence without pay to a pregnant employee who has served at least thirteen (13) weeks before the expected birth date including service as a Crown employee, as an employee of a Police force which is amalgamated with the OPP or as an employee of an Ontario First Nations Police Service immediately prior to her appointment to the regular service. The leave of absence shall be in accordance with the provisions of the Employment Standards Act, 2000.

13.05.02

Notwithstanding Article 12 (Short Term Sickness Plan), Article 17 (Vacations and Vacation Credits), Article 31 (Termination Payment) and Article 46 (Long Term Income Protection), vacation credits, seniority and service continue to accrue during the pregnancy leave.

13.05.03

An employee entitled to pregnancy leave under this Article, who provides the Employer with proof that they are in receipt of employment insurance pursuant to the Employment Insurance Act (Canada), shall be paid an allowance in accordance with the Supplementary Employment Benefit Plan.

13.05.04.01

In respect of the period of pregnancy leave which begins before January 1, 2020, payments made according to the Supplementary Employment Benefit Plan will consist of the following:

(a) for the first two (2) weeks, payments equivalent to ninety-three percent (93%) of the actual weekly rate of pay for her classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented,

and

(b) up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the sum of the weekly Employment Insurance benefits the employee is eligible to receive and any other earnings received by the employee, and ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented.

13.05.04.02

In respect of the period of pregnancy leave which begins on or after January 1, 2020 payments made according to the Supplementary Employment Benefit Plan will consist of the following:

(a) for the first one (1) week, payments equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented,

and

(b) up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the sum of the weekly Employment Insurance benefits the employee is eligible to receive and any other earnings received by the employee, and ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented,

and

(c) on production of proof that payments in accordance with employment insurance pursuant to the Employment Insurance Act, (Canada) have terminated, the employee shall be entitled to a further one (1) week of pregnancy leave with payment equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the pregnancy leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented. This further one (1) week of leave must be taken immediately after the date when the EI benefits referenced in Article 13.05.04.02 (b) have terminated and prior to returning to the workplace.

(d) where an employee takes parental leave in conjunction with pregnancy leave, Article 13.05.04.02 (c) shall not apply.

13.05.05

Where an employee assigned to a vacancy in accordance with Article 16 (Health and Safety) is eligible to receive an allowance under this Article, and the salary rate they were receiving on the last day worked prior to the pregnancy leave is less than the salary rate they were receiving on the last day worked prior to the assignment, the allowance shall be based on the actual weekly rate of pay for their classification which they were receiving on the last day worked prior to the assignment.

13.05.06.01

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time before December 3, 2017, an employee on pregnancy leave is entitled, upon application in writing to the Employer received at least two (2) weeks prior to the expiry of the leave, to a leave of absence without pay but with accumulation of credits for not more than thirty-five (35) weeks in accordance with the provisions of parental leave granted under Article 13.06 (Pregnancy Leave).

13.05.06.02

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time on or after December 3, 2017, an employee on pregnancy leave is entitled, upon application in writing at least two (2) weeks prior to the expiry of the leave, to a leave of absence without pay but with accumulation of credits for not more than sixty one (61) weeks in accordance with the provisions of parental leave granted under Article 13.06 (Parental Leave).

13.05.07

An employee returning from a leave of absence under this Article to the ministry in which they were employed immediately prior to such leave shall be assigned to the position they most recently held if it still exists, or to a comparable position if it does not, and continue to be paid at the step in the salary range that they would have attained had they worked during the leave of absence.

13.05.08

An employee who has been assigned in accordance with Article 16 (Health and Safety) and who returns to their former ministry from a leave of absence under this Article, shall be assigned to the position they most recently held prior to the assignment under Article 16 (Health and Safety), if it still exists, or to a comparable position, if it does not, and continue to be paid at the step in the salary range that they would have attained had they worked during the leave of absence.

13.05.09

In accordance with Articles 13.05.04.01(a), 13.05.04.01(b), 13.05.04.02(a) and 13.05.04.02(b) and 13.05.05, the Supplementary Employment Benefit shall be based on the salary the employee was receiving on the last day worked prior to the commencement of the pregnancy leave, including any retroactive salary adjustment to which they may become entitled during the leave.

13.05.10.01

Where the pregnancy leave of a person who is not entitled to take parental leave began before January 1, 2018, the pregnancy leave ends on the later of (a) the day that is seventeen (17) weeks after the pregnancy leave began or (b) the day that is six (6) weeks after the birth, still birth or miscarriage of the child unless the employee chooses to end the leave earlier and submits a certificate from a legally qualified medical practitioner.

13.05.10.02

Where, the pregnancy leave of a person who is not entitled to take parental leave began on or after January 1, 2018, the pregnancy leave ends on the later of (a) the day that is seventeen (17) weeks after the pregnancy leave began or (b) the day that is twelve (12) weeks after the birth, still birth or miscarriage of the child unless the employee chooses to end the leave earlier and submits a certificate from a legally qualified medical practitioner.

13.05.11

Employees shall have no vested right to payments under the Supplementary Employment Benefit Plan with the exception of payments made during a period of unemployment as specified in this Article.

13.05.12

Payments in respect of guaranteed annual remuneration, deferred remuneration, or severance pay shall not be reduced or increased by payments received under the Supplementary Employment Benefit Plan.

13.06.01

For the purpose of this Section, “Parent” includes a birth parent, a person with whom a child is placed for adoption, and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as their own.

13.06.02

The Commissioner or Assistant Deputy Minister (as applicable) shall grant a parental leave of absence without pay to an employee who has served at least thirteen (13) weeks, including service as a Crown employee, as an employee of a Police force which is amalgamated with the OPP or as an employee of an Ontario First Nations Police Service immediately prior to their appointment to the Regular service. The leave of absence shall be in accordance with the provisions of the Employment Standards Act, 2000.

Every member eligible for a parental leave of absence must provide written notice to their Supervisor not less than six (6) weeks prior to the anticipated commencement of such leave. This notice period may be waived in extenuating circumstances and does not supersede Section 48 of the Employment Standards Act, 2000.

13.06.03

Notwithstanding Article 12 (Short Term Sickness Plan), Article 17 (Vacations and Vacation Credits) and Article 31 (Termination Payment), vacation credits, seniority and service continue to accrue during the parental leave.

13.06.04.01

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time before December 3, 2017, parental leave may begin,

(a) no earlier than the day the child is born or comes into the custody, care and control of the parent for the first time; and

(b) no later than fifty two (52) weeks after the day the child is born or comes into the custody, care and control of the parent for the first time.

13.06.04.02

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time on or after December 3, 2017, parental leave may begin,

(a) no earlier than the day the child is born or comes into the custody, care and control of the parent for the first time; and

(b) no later than seventy-eight (78) weeks after the day the child is born or comes into the custody, care and control of the parent for the first time.

13.06.06

The parental leave of an employee who takes pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time.

13.06.06.01

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time before December 3, 2017, parental leave shall end thirty five (35) weeks after it begins for an employee who takes pregnancy leave and thirty seven (37) weeks after it begins for an employee who did not take pregnancy leave, or on an earlier date if the person gives the Employer at least four (4) weeks’ written notice of that day.

13.06.06.02

Where the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time on or after December 3, 2017, parental leave shall end sixty-one (61) weeks after it begins for an employee who takes pregnancy leave and sixty-three (63) weeks after it begins for an employee who did not take pregnancy leave, or on an earlier date if the person gives the Employer at least four (4) weeks’ written notice of that day.

13.06.07

Except for an employee to whom Article 13.05 (Pregnancy Leave) applies, an employee on parental leave is entitled, upon application in writing at least two (2) weeks prior to the expiry of the leave, to a further consecutive leave of absence without pay but with accumulation of credits for not more than six (6) weeks.

13.06.08

An employee who is entitled to parental leave and who provides the Employer with proof that they are in receipt of employment insurance benefits pursuant to the Employment Insurance Act (Canada) shall be paid an allowance in accordance with the Supplementary Employment Benefit Plan.

13.06.09.01

In respect of the period of parental leave which begins before January 1, 2020, payments made according to the Supplementary Employment Benefit Plan will consist of the following:

(a) where the employee elects to serve the two (2) week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, for the first two (2) weeks, payments equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the leave, and

(b) up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the sum of the weekly Employment Insurance benefits the employee is eligible to receive and any other earnings received by the employee, and ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the leave.

13.06.09.02

In respect of the period of parental leave which begins on or after January 1, 2020 payments made according to the Supplementary Employment Benefit Plan will consist of the following:

(a) where the employee elects to serve the one (1) week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, for the first week (one (1) week), payments equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the leave,

and

(b) up to a maximum of fifteen (15) additional weeks, payments equivalent to the difference between the sum of the weekly Standard Employment Insurance benefits the employee is eligible to receive and any other earnings received by the employee, and ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the leave.

and

(c) where the employee served the waiting period in accordance with Article 13.06.09.02(a), and on production of proof that payments in accordance with employment insurance pursuant to the Employment Insurance Act, (Canada) have terminated, the employee shall be entitled to a further one (1) week of parental leave with payment equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the parental leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented. This further one (1) week of leave must be taken immediately after the date when the EI benefits referenced in Article 13.06.09.02(b) have terminated and prior to returning to the workplace.

or

(d) where an employee served the waiting period in accordance Article 13.05.04.02(a) and on production that proof of payments in accordance with employment insurance pursuant to the Employment Insurance Act, (Canada) have terminated, the employee shall be entitled to a further one (1) week of parental leave with payment equivalent to ninety-three percent (93%) of the actual weekly rate of pay for their classification, which they were receiving on the last day worked prior to the commencement of the parental leave, but which shall also include their progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented. This further one (1) week of leave must be taken immediately after the date when the EI benefits referenced in Article 13.06.09.02(b) have terminated and prior to returning to the workplace.

13.06.10

Under Article 13.06.09.01 and 13.06.09.02, the weekly rate of pay will include the employee’s progression on the wage grid and any negotiated or amended wage rates for their classification as they are implemented.

13.06.11

An employee returning from a leave of absence under Articles 13.06.01 or 13.06.06 (Parental Leave) to the ministry in which they were employed immediately prior to such leave, shall be assigned to the position they most recently held, if it still exists, or to a comparable position, if it does not, and continue to be paid at the step in the salary range that they would have attained had they worked during the leave of absence.

13.06.12

Employees shall have no vested right to payments under the Supplementary Employment Benefit Plan with the exception of payments made during a period of unemployment as specified in this Article.

13.06.13

Payments in respect of guaranteed annual remuneration, deferred remuneration, or severance pay shall not be reduced or increased by payments received under the Supplementary Employment Benefit Plan.

13.07.01

The Regional or Bureau Commander or Director, OPC (as applicable) may grant leave-of-absence with pay to an employee, for not more than four (4) days in any calendar year, upon any special or compassionate ground. Such leave shall not be dependent upon nor charged against accumulated credits of the employee. And further, leave of absence requests shall not be unreasonably denied.

13.07.02

Any denial of such leave-of-absence request may be appealed to the Provincial Commander, Corporate Services, ADM, Policing Services Division (as applicable) or designee.

13.07.03

Leave-of-absence with pay may be granted for special or compassionate purposes to an employee for a period of

(a) up to six (6) months with the approval of the Commissioner or Assistant Deputy Minister (as applicable),

(b) over six (6) months with the approval of the Lieutenant Governor in Council.

13.07.04

No employee shall be absent from duty on a leave-of-absence provided for in Articles 13.07.03(a) and 13.07.03(b) unless the employee previously obtained the authorization required by this Article.

13.07.05

An application for leave-of-absence under Articles 13.07.01 and 13.07.03 shall be in writing and shall set out the reason for the leave-of-absence.

13.07.06

Special/Compassionate leave will not be pro-rated for an employee in a Compressed Work Week arrangement.

13.08.01

An employee may apply to the Commissioner or Assistant Deputy Minister (as applicable) to participate in the self-funded leave plan as permitted under the Income Tax Act (Canada) in order to defer pre-tax salary dollars to fund a leave of absence. The deferral period must be at least one (1) year and not more than four (4) years.

13.08.02

The funds being deferred will be held in a trust account with the financial institution the Employer selects, with interest being paid annually. The funds will be paid out to the employee on a monthly or lump sum basis during the leave of absence.

13.08.03

During the leave the employee’s insured benefits will be continued where the employee continues to pay for their portion.

13.08.04

On return from the leave, an employee shall return to the position held immediately prior to going on leave and shall be paid at the step in the salary range that they had attained when the leave commenced. If the position no longer exists the employee shall be assigned to a position at the same class and level.