Leave and Benefits (Workplace programs, policies and practices)

Leave and benefits

Flexible benefits

Definition:

Flexible benefit plans are an alternative way for companies to deliver benefits by using "flexible" options that are not always available with traditional "one-size fits all" plans. Employees are able to select the type and level of coverage from among a menu of available benefits commonly including such options as: health, dental, life insurance, accidental death and dismemberment, and long-term disability.

These programs are generally implemented to permit employees to build an individualized benefit program that most closely meets their coverage needs and budget requirements and to change their benefit elections over time as their life circumstances change.

Flexible benefit plans are generally paid for using credits (sometimes termed flex credits) that are assigned to each employee by crediting them to a form of health spending account. The employee then allocates his/her flex credits to various benefits according to what they need. Unused credits are commonly deposited back into the health care spending account, cashed out, carried forward or put towards an RRSP.

Another form of flexible benefit plan is structured in such a way that the employer provides a base level of standard coverage for all employees, but allowing individual employees to select a level of coverage for each benefit, ranging from no coverage to a premium level of coverage with a dollar value being assigned to each level of coverage above or below that standard.

Considerations:

Leave for personal reasons

Definition:

Leave for personal reasons can provide employees with periods of time off, with or without pay, to deal with family obligations or other personal commitments.

In a nutshell, what is provided in labour standards legislation ?

• In general, this type of leave does not exist in labour standards legislation. However, labour standards legislation may include a variety of other leaves intended to help employees meet their personal obligations. Among these other leaves available in some jurisdictions are

  - annual vacation leave,
  - bereavement leave (9 jurisdictions),
  - leave for family responsibility (3 jurisdictions),
  - court/jury leave (at least 10 jurisdictions have legislation pertaining to court/jury duty leave),
  - mariage leave (Quebec).

• More information on your jurisdiction’s labour standards is available on Provincial Labour Departments websites  or at the Employment Standards Legislation in Canada  web page.

Considerations:

• The total number of days of personal leave available in one year is limited, as is the number of days employees may take consecutively.
  
  
• Access to personal leave allows employees to avoid the necessity of having to use vacation time for personal needs.
  
  
• This measure improves employee morale and helps recruit and retain staff. It may also help reduce conflict between employees who have access to leave for family responsibilities and those who do not because they have no dependants.
  
  
• This leave can be combined with leave for family responsibilities.

Examples of collective agreements clauses

Maternity leave

Definition:

The purpose of this type of leave is to allow mothers to take time off work following the birth of a child.

In a nutshell, what is provided in labour standards legislation?

• An employee who gives birth is, under certain conditions, entitled to 17 weeks' unpaid leave ( 15 weeks in Alberta, 18 weeks in Quebec and Saskatchewan). Employees must give their employer notice in writing a few weeks prior to the start of such leave. In some jurisdictions, the leave can also start up to 16 or 17 weeks prior to the expected due date, terminating 17 or 18 weeks after the actual date of delivery, depending on the jurisdiction. Extensions are also possible in some jurisdictions. When she comes back to work, the employee usually returns to her former position or be assigned equivalent duties, with the same salary and benefits.
  
  
• Generally, the employee must have worked for the same employer for a certain period, except in British Columbia, New Brunswick and Quebec, which do not have such a requirement.
  
  
• In the federal and Quebec jurisdictions, a pregnant woman or nursing mother may ask her employer to temporarily modify her duties or to assign her to another position, if continuation of her present duties puts her health or that of her unborn child or nursing infant at risk. This request must, however, be accompanied by a certificate from a qualified physician. If it is impossible to reassign the employee or to modify her duties, she may take leave immediately.
  
  
• In several jurisdictions, labour standards legislation stipulates that benefits may continue throughout the leave period, provided the employee makes all the contributions she would normally have made, within a reasonable period of time. In some jurisdictions she may also be required to pay the employer's share of these benefits.
  
  
• Under federal jurisdiction, an employer may not dismiss, lay off or demote an employee because of her pregnancy or intention to take maternity leave. The employer also may not use an employee's pregnancy as grounds for denial of promotion or training.

More information on your jurisdiction’s labour standards is available on Provincial Labour Departments websites  or at the Employment Standards Legislation in Canada  web page.

Considerations:

• During maternity leave, eligible employees may receive Employment Insurance maternity benefits for 15 weeks, after serving a 2-week waiting period.
  
  
• Some employers provide a supplemental unemployment benefit plan that partially or wholly makes up the difference between Employment Insurance maternity benefits and the worker's salary.
  
  

Examples of collective agreements clauses

Parental leave

Definition:

Parental leave is designed to provide either or both parents with time to spend with their newborns. For the mother, parental leave provisions commonly stipulate that the leave be taken immediately after maternity leave, thereby extending the total leave period. For the father, parental leave provisions allow time off to help with the care of the newborn; sometimes collective agreement language that is gender-specific to the father is referred to as paternity leave.

In a nutshell, what is provided in labour standards legislation ?

• In all Canadian jurisdictions, employees who meet eligibility requirements are entitled to unpaid parental leave ranging from 12 to 52 weeks.
  
  
• Employees must give notice in writing to the employer a few weeks prior to the start of such leave. When they come back to work, employees must normally return to their former position or be assigned equivalent duties with the same salary and benefits.
  
  
• In ten jurisdictions, the full parental leave is available to both parents if they are eligible. However, in Alberta, New Brunswick, the Yukon and the federal jurisdiction, parental leave may be shared between both parents as long as the total period of leave does not exceed the legislated maximum.
  
  
• Some jurisdictions allow employees to continue their participation to benefit plans during the leave, provided they make all contributions they would normally have made, within a reasonable period of time. In some jurisdictions the employee may be required to pay the employer's share of these benefits.

More information on your jurisdiction’s labour standards is available on Provincial Labour Departments websites  or at the Employment Standards Legislation in Canada  web page.

Considerations:

• During their parental leave, eligible employees may receive 35 weeks of Employment Insurance parental benefits.
  
  
• A limited number of employers have a supplemental unemployment benefit plan that partially makes up the difference between Employment Insurance parental benefits and the worker's salary.

Examples of collective agreements clauses

Paternity leave

Definition:

Paternity leave enables a father to take a few days or weeks off work after a child is born.

In a nutshell, what is provided in labour standards legislation?

• Paternity leave was replaced by parental leave in the 1990s in many jurisdictions.
  
  
• Generally, parental leave is considered to be similar to long term paternity leave for fathers who wish to take time off work to care for their child.

More information on your jurisdiction’s labour standards is available on Provincial Labour Departments websites  or at the Employment Standards Legislation in Canada  web page.

Considerations:

• This leave enables a father to take time to look after his child and the child's mother.
  
  
• Approximately one third of collective agreements include a provision for a few days’ paternity leave. Paternity leave of several weeks' duration is rarely offered by Canadian employers.

Examples of collective agreements clauses

Sick leave

Definition:

Sick leave enables employees to take time off work when ill. It is not really leave for family obligations although it may sometimes be used as such.

In a nutshell, what is provided in labour standards legislation?

• Employees may not be dismissed, suspended, laid off or demoted when on sick leave in 6 juridictions (federal jurisdiction, Quebec, Yukon, Newfoundland, New Brunswick and Saskatchewan) and is unpaid.
  
  
• More information on your jurisdiction’s labour standards is available on Provincial Labour Departments websites  or at the Employment Standards Legislation in Canada  web page.

Considerations:

• Some companies offer employees, as part of their benefit plans, the opportunity to be off work for a set period of time for illness without loss of wages.
  
  
• Generally, some of these days may be taken each year without a medical certificate.
  
  
• If the employee needs to take a longer sick leave because of health reasons, he may be entitled to take longer unpaid sick leave. He may then be eligible for Employment Insurance sickness benefits or benefits from other compensation plans for work-related illness or injury.
  
  
• Some employees may allow their employees to use part of their banked sick leave for certain family obligations.
  
  
• Sick leave may also be combined with maternity leave if there are complications related to the birth of a child.

Examples of collective agreements clauses

Vacation

Definition:

Vacations are one of the most common labour policies and practices. Companies may help their employees by allowing them sufficient flexibility to:

• break their leave up into shorter periods;
• take vacation at the same time as their spouse;
• take annual leave during the summer when children are at home.

Considerations:

Breaking vacation time into shorter periods means that managers do not have to replace certain essential employees. This measure enables employees to divide up vacation time in a way that best suits them. Allowing employees to take vacation during the summer makes it easier for managers to plan for hiring seasonal workers.

Examples of collective agreements clauses

References:

• Canada, Human Resources Development Canada, Work and Family Provisions in Canadian Collective Agreements, edited by Charles Philippe Rochon, December 2000.
  
  
• Greenshield Canada 
  
  
• Labour Law Analysis (Labour Program, HRDC), Family-Related and Other Leaves , May 2000.
  
  
• Manulife Financial 
  
  
• Paid Vacation Leave Provisions in Major Collective Agreements in Canada, in 1989 and 1999  (PDF Document), from the Workplace Gazette .
  
  
• Revenue Canada. Income Tax Act: Flexible Employee Benefit Programs  Bulletin No. IT-529, Feb. 20, 1998.
  
  
• Vanier Institute of the Family, The Manager's Work-Family Toolkit. Nepean, 1998.