Maternity/Parental Benefits - Revised Provisions - Information Notice

DATE: February 13, 2001

TO: Chiefs of Staff Relations
       Compensation Managers

SUBJECT: Maternity/Parental Benefits - Revised Provisions

The purpose of this bulletin is to provide details regarding revised maternity and parental leave without pay provisions as a result of recent Memoranda of Agreement between the Treasury Board Secretariat (TBS) and various bargaining agents. The affected groups and effective dates are as follows:

As you know Employment Insurance provisions were recently changed to give parents, whose children are born or adopted on December 31, 2000, or after that date, extended Employment Insurance parental benefits from 10 weeks to 35 weeks. The TBS/PSAC/PIPSC/PAFSO Memoranda of Agreement were struck to reflect this enhancement and to simplify the return to work provisions under both the Maternity Leave Without Pay and the Parental Leave Without Pay articles as described below.

Parental Allowance

On the effective dates specified above, parental leave without pay provisions under the aforementioned collective agreements have been extended from 26 weeks to 37 weeks. Members of the affected bargaining units who became parents on or after December 31, 2000 will therefore be entitled, upon request, to a

maximum of 35 (if combined with maternity leave without pay) or 37 weeks of parental leave without pay and receive the parental allowance under the Supplemental Unemployment Benefit Plan (SUBP) for a maximum of 35 or 37 weeks.

Return to Work Provisions

The return to work provisions under both the Maternity Leave Without Pay and Parental Leave Without Pay clauses have been simplified. Employees must now agree to return to work for a period equal to the total period they were in receipt of the maternity and parental allowance. The previously specified time limits for meeting the return to work requirement have also been eliminated.

Transitional Provisions

The Memoranda of Agreement include transitional provisions allowing for the extension of the parental benefits to those employees who, on the date of signature of the Memoranda of Agreement are on parental leave or have requested parental leave. It is important to note however, that those members of the affected bargaining units who became parents before December 31, 2000 can receive Employment Insurance parental benefits for a maximum of 10 weeks (or 12 weeks if there was a 2-week waiting period) only. This means that, although the period of parental leave without pay is extended to 35 weeks (or 37 if there was a two-week waiting period), these employees can receive the parental allowance for 10 (or 12) weeks only. This also reduces the return to work requirement under the parental leave without pay provisions to 10 or 12 weeks, in addition to the number of weeks of maternity leave without pay taken.

Attached are various examples illustrating the effect of these changes. Modifications to the standard letters will be posted on HR Connexions in the near future.

You will be advised of any changes to other collective agreements as they transpire.

Changes to the maternity and parental provisions for the Executive Group and excluded employees of the Law Group are under consideration. Changes, if approved, will be announced under separate cover.

Departmental Compensation managers should direct any questions that they may have to their corporate Compensation officials who, if need be, can contact the Pay Administration Section.

Thomas A. Smith

Director, Pay Administration
Labour Relations Division
Human Resources Branch

Attach

TBS/PSAC Memorandum of Agreement - Maternity/Parental Leave Without Pay

Example A:

A CR has a child on December 30, 2000.
She is entitled to 17 weeks maternity leave without pay.
She is entitled to 17 weeks EI maternity benefits (15 weeks + 2 weeks' waiting period).
She is entitled to 17 weeks' maternity allowance under the SUBP.
She has requested 26 weeks' parental leave without pay.
She is entitled to 10 weeks' EI parental benefits.
On January 23, 2001, her parental leave without pay, upon request, is extended to 35 weeks.
She is entitled to 10 weeks' parental allowance only under the SUBP, as she became a parent on
December 30, 2000.
She will be required to return to work for 27 weeks.

Example B:

An AS has a child on December 31, 2000.
She is entitled to 17 weeks maternity leave without pay.
She is entitled to 17 weeks EI maternity benefits (15 weeks + 2 weeks' waiting period).
She is entitled to 17 weeks'maternity allowance under the SUBP.
She has requested 26 weeks' parental leave without pay.
She is entitled to 35 weeks' EI parental benefits.
On January 23, 2001, her parental leave without pay, upon request, is extended to 35 weeks.
She is entitled to 35 weeks' parental allowance under the SUBP, as she became a parent on
December 31, 2000.
She will be required to return to work for 52 weeks.

Example C:

A PG becomes a parent on December 30, 2000.
He has requested 26 weeks' parental leave without pay.
He is entitled to 12 weeks' EI parental benefits (10 weeks + 2 weeks' waiting period).
On January 31, 2001, his parental leave without pay, upon request, is extended to 35 weeks.
He is entitled to 12 weeks' parental allowance only under the SUBP, as he became a parent on
December 30, 2000.
He will be required to return to work for 12 weeks.

Example D:

A PG becomes a parent on December 31, 2000.
He has requested 26 weeks' parental leave without pay.
He is entitled to 37 weeks' EI parental benefits (35 weeks + 2 weeks' waiting period).
On January 31, 2001, his parental leave without pay, upon request, is extended to 37 weeks.
He is entitled to 37 weeks' parental allowance under the SUBP, as he became a parent on
December 31, 2000.
He will be required to return to work for 37 weeks.