Maternity/Parental Leave

CO-PRESENTED BYPEACE WAPITI SCHOOL DISTRICT

NO 76AND

THE ALBERTA TEACHERS’ ASSOCIATION

2010 05 12

Did You Know?

• Your grandmother could be fired as a teacher if she got pregnant.

• Your mother would be told when her maternity leave could start and finish.

• Your school board follows the law and the collective agreement which provides you with both a maternity and a parental leave.

Where do Teachers’ Rights for Maternity Leave Reside?

• Legislation:

- Employment Standards Code• Provides time off (not salary)

- Human Rights• Supreme Court of Canada Decisions• Arbitration Decisions

Basic Principles

Any collective agreement language, policy or practice in the area of maternity leave must conform to the following principles:1. Pregnant women cannot be treated less favorably than

other teachers.2. Collective agreements, policy or practice cannot impinge

upon or contradict statutory entitlements;for example, collective agreement obligations such as benefit payment and salary pay dates still apply.

Legislation–Employment Insurance Employment Standards Code

Basic Entitlements & Features

Employment Standards Code

After 52 weeks of employment:•Fifteen weeks of maternity leave;– Only available to birth mother.

•Thirty-seven weeks of parental leave;– Both parents, for birth & adoption.

•Completed within one year.•Six weeks notice to depart, four weeks notice to return.

Employment Insurance (EI)

Eligibility: – 600 hours in the previous 52 weeks.

Rate:– Fifty-five per cent of average weekly earnings in past 26

weeks to a maximum of $457/week (annual salary of $43 200).

Other income:– Parental benefit - you may earn up to $50 or 25 per cent

of weekly entitlement without penalty—anything more will be deducted from EI benefit;

– Maternity - any income is deducted dollar for dollar.

EI Maternity Benefits

• 17 week maternity benefit which includes a 2 week unpaid waiting period.

• Available during the summer months and vacation periods.

• No benefits paid beyond 17 weeks following the birth of the child unless the child was not released from the hospital in a timely fashion as a result of medical problems.

• Can be started anytime between 10 weeks prior to birth date and the Sunday following the date of birth.

• Starting date depends on how long you wish to stay off, but it is usually economically advantageous to start as late as possible.

EI Parental Benefits (Adoption or Birth)

• 35 week parental benefit that may be claimed by either parent or split between them.

• Father must be eligible for EI.• Only one waiting period must be served.• Available during the summer months and vacation periods.

• Mother and father can claim simultaneously.• Must be used within one year of the child’s birth or placement;– Dad can collect during summer/Christmas break.

What to do if You’re Pregnant

In the first 6 months:• follow your doctor’s orders:• continue to do your best as a teacher,• attend a maternity leave presentation, call the

ATA and/or look on-line,• sometimes things happen…

so do not say anything to your principal (supervisor) or your school board (employer) yet

What to do if You’re Pregnant (con’t)

Sometime after 6 months:• keep following your doctor’s orders,• call the ATA to discuss when and how your

maternity leave might best work,• call Human Resources at Peace Wapiti SD

(but you do not need to get permission from HR to access usual sick leave for occasional illness).

• as a courtesy, let your principal know you are pregnant and plan to take maternity leave.

What to do if You’re Pregnant (con’t)

In the last 3 months

(and definitely before the last 2 weeks) • send a letter to the School Board advising them that :• you are pregnant,• your estimated due date is ________,• you will let the board know your actual return date at

least 2 weeks before you intend to return to work.

* Attach a doctor’s note confirming that you are pregnant and when the estimated date of birth is.

After the Baby is Born

If you return from a maternity leave of 15 weeks:• Teachers ‘shall be returned to the position

held at the commencement of the leave’ (Clause 11.1.7)

• If there are any changes at your school, you have “no advantage or disadvantage.”

After the Baby is Born (con’t)

You can also access parenting leave:• usually teachers ask for both maternity and

parenting leave in the same letter- up to 37 weeks- must be completed within 52 weeks of baby’s birth- arrange terms of leave with board (Clause 11.2)- continue benefits at teacher’s cost

– forms to complete- remember to add baby to benefits plan

After Parental Leave

Returning from parenting leave:• Advise school board in writing when you will

return,• Provide minimum of two weeks notice• Ask for your previous teaching position back

(not guaranteed – but no worse treatment – Clause 11.2.2).

Adoption Leave

• Can access up to 12 months.• Teacher shall provide notification to the

superintendent 6 weeks before first day of leave (Clause 11.3.2).

• What happens if you can’t?• EI for 37 weeks.

ATA Recommendations

Birth mothers:– Provide up to six weeks written notice to start maternity leave on the

“actual date of delivery.”– May provide a prospective date of return up to one year from date of

delivery.– If prospective date of return is not provided in advance, provide a

letter no later than nine weeks after the birth notifying of intent to take parental leave.

– Provide another letter at least four weeks prior to actual date of return.

– Actual date of return may be different from prospective date as long as notice is provided at least four weeks before the prospective or actual date, whichever is earlier.

Fathers and Adoptive Parents

– Provide at least six weeks written notice of intent to take parental leave (unless circumstances relating to the adoptive parent prevent such notice).

– May provide a prospective date of return.– Provide written notice of actual date of return at least 4

weeks before the prospective or actual date of return, whichever is earlier.

High Risk Pregnancies

If you are required to stop working well before the birth due to complications:– access sick leave until the 90 day entitlement is used up;– apply for extended disability benefits (EDB) after the first

month of absence;– start EI following the birth;– EDB will pay beyond your 90 days until your recovery.

Benefits

•The board pays benefits during the health-related leave.

•Teacher must pay for benefits during unpaid leave;– ATA recommendation to continue with benefits,– key benefit is disability insurance, not available from

spouse.

ASEBP

Four options:1. Keep all benefits;

• Recommended.

2. Keep only Disability, Life and AD&D;• Ok if spouse has benefits, you are covered, and spouse will not

lose them.

3. Keep only Life and AD&D;• Not recommended (only paid upon death).

4. Drop all benefits;•Not recommended.

Pension

While on salary/SUB plan:– Contributions are made and service accrued the same as teaching

Unpaid leave:– Teacher may purchase service AFTER returning to work;– Cost is based on current salary, age and service—so it increases

over time;• A teacher under 30 with five years of service pays less to buy pension than

contributes ($5400 vs $6260).– You may transfer directly from an RRSP.

Sample Letters

Notice of Pregnancy

Date________

Dear _________

This letter is to notify you that I am pregnant and my due date is _____. I would like to start my maternity leave on the actual date of delivery. At this time, my plan is to return to teaching (date) _____, but I will confirm this decision in writing at least 4 weeks prior to my return. Or I will return to work on ________.

Signed,The Teacher(Include a doctor’s note with letter #1 confirming pregnancy and expected delivery date)

Doctor’s Pre-Delivery Note No 2

(When you must stop working prior to the birth)

Date_________________

To Whom It May Concern

Re (teacher’s name)

I wish to advise that ______________________ is unable to work for medical reasons effective ___(date)______.

Signed Dr _____________________

Doctor’s Post-Partum Note No 3

Date _____________

To Whom It May Concern

Re (teacher’s name)

I wish to advise that I treated Ms __________ during her recent pregnancy. Ms _________ gave birth on _________. Ms ________ was unable to perform her teaching duties from ______ until ______ due to medical condition and/or medical reason which arose in connection with her pregnancy.

Signed Dr _____________

Parental Leave

(Without accessing maternity leave)Date ______

Dear ______

This letter is to notify you that I will be accessing parental leave starting (date)_____. My child was born/will be placed (date) _____. At this time, my plan is to return to teaching (date)______, but I will confirm this decision in writing at least four weeks prior to that date.

Signed the teacher

Summary

• Leave starts on the “actual date of delivery”;– Prior to that, access sick leave.

• Full salary continues during the health related portion;• An extension beyond 12 months may be available;• Check with Human Resources regarding any other

requirements• ATA recommends you continue with benefit plans during

unpaid leave;– Even though you are required to pay the full amount.

• Continue ATA membership ($8 month);– Ensures representation if you need assistance.

For further information contact:

Susan Karpisek at

Human Resources and Labour Relations at Central Office at 780 532 8133

and

Catherine Moir or a Staff Officer

in Teacher Welfare

at the ATA at 1 800 232 7208