Uniform Collective Agreement – Article 9 Leave-of-Absence

9.01.01

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, guardians, step-grandparents, step-grandchildren, grandchildren and the grandparents of the employee and spouse. “In-law” and “step” relations listed in this article include such relatives of a common-law spouse or same sex spouse or partner.

9.01.02

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.

9.01.03

Necessary travelling time may be granted in accordance with Section 9.02(a) in the event of the death of a relative listed in Articles 9.01.01 or 9.01.02.

9.01.04

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

9.02

(a) The Commissioner, or the Commissioner’s designee, who shall be a Commissioned Officer, 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.

(b) Any denial of such leave-of-absence request may be appealed to the Provincial Commander, Corporate Services, or designee.

(c) Leave-of-absence without pay and without accumulation of credits may be granted to an employee by the Commissioner.

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

(i) up to six (6) months with the approval of the Commissioner,

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

(e) No employee shall be absent from duty on a leave-of-absence provided for in sub-sections 9.02(c) and 9.02(d) unless the employee previously obtained the authorization required by this sub-section.

(f) An application for leave-of-absence under Section 9.02 shall be in writing and shall set out the reason for the leave-of-absence.

9.03.01

The Commissioner 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 their appointment to the regular service. The leave of absence shall be in accordance with the provisions of the Employment Standards Act, 2000.

9.03.02

Notwithstanding Article 7 (Short Term Sickness Plan), Article 13 (Vacations and Vacation Credits), Article 8 (Termination Payments), and Article 39 (Long Term Income Protection), vacation credits, seniority and service continue to accrue during the pregnancy leave.

9.03.03

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.

9.03.04.01

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 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.

9.03.04.02

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 9.03.04.02(b) have terminated and prior to returning to the workplace.

(d) where an employee takes parental leave in conjunction with pregnancy leave, Article 9.03.04.02(c) shall not apply.

9.03.05.01

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 9.04 (Parental Leave).

9.03.05.02

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 9.04 (Parental Leave).

9.03.06

A female employee returning from a pregnancy leave shall be assigned to their former location and position, if it still exists, or to a comparable position if it does not, and be paid at the step in the salary range that she would have attained had they worked during the leave of absence. If the position does not exist at the original location, the Employer will follow its current staffing practice.

9.03.07

In accordance with Articles 9.03.04.01(a), 9.03.04.01(b), 9.03.04.02(a) and 9.03.04.02(b) 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 she may become entitled during the leave.

9.03.08.01

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.

9.03.08.02

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.

9.03.09

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.

9.03.10

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.

9.04.01

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.

9.04.02

The Commissioner 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.

9.04.03

Notwithstanding Article 7 (Short Term Sickness Plan), Article 8 (Termination Payments) and Article 13 (Vacations and Vacation Credits), vacation credits, seniority and service continue to accrue during the parental leave.

9.04.04.01

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.

9.04.04.02

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.

9.04.05

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.

9.04.06.01

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.

9.04.06.02

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.

9.04.07

Except for an employee to whom Article 9.03 (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.

9.04.08

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.

9.04.09.01

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.

9.04.09.02

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 9.04.09.02(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 9.04.09.02(b) have terminated and prior to returning to the workplace.

or

(d) where an employee served the waiting period in accordance Article 9.03.04.02(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 9.04.09.02(b) have terminated and prior to returning to the workplace.

9.04.10

Under Article 9.04.09.01 and 9.04.09.02, 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.

9.04.11

An employee returning from a leave of absence under Articles 9.04.02 and 9.04.08 (Parental Leave) shall be assigned to their former location and position, if it still exists, or to a comparable position if it does not, and be paid at the step in the salary range that they would have attained had he or she worked during the leave of absence. If the position does not exist at the original location, the Employer will follow its current staffing practice.

9.04.12

In accordance with Article 9.04.09 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 leave, including any retroactive salary adjustment to which they may have been entitled during the leave.

9.04.13

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.

9.04.14

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.

9.05

(a) Where an employee is absent by reason of an injury or occupational disease for which a claim is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which the employee is entitled under Article 7 shall be an amount owed by the employee to the Employer and may be repaid by the employee by having a corresponding deduction made from the employee’s bank of accumulated attendance credits.

(b) Up to and including August 31, 2019, where an employee is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid without loss of credits for a period not exceeding two (2) years. This period may be continuous or an accumulation of several absences.

Effective September 1, 2019, where an employee is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid without loss of credits for the duration of the member’s receipt of WSIB benefits.

(c) Effective November 1, 2016 salary payments under Article 9.05 b) shall be reduced to the extent necessary to provide that an employee’s net earnings equal one hundred percent (100%) of their net earnings prior to the commencement of their absence.

(d) Up to and including August 31, 2019, where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, that is less than the employee’s regular salary and where the award continues to apply for longer than the periods set out in 9.05(b) and the employee has accumulated credits, the employee’s regular salary may be paid and the difference between the regular salary of the employee and the award shall be converted to its equivalent time and deducted from the employee’s accumulated credits.

(e) Up to and including August 31, 2019, where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, that is less than the employee’s regular salary and where the award continues to apply for longer than the periods set out in 9.05(b) the employee may, at the employee’s option, elect to receive benefits under the Short Term Sickness Plan as described in Article 7, including the right to use any accumulated credits to supplement the seventy-five percent (75%) benefit to one hundred percent (100%).