Human Resources Policies
Parental Leave

Category: Absence From Work

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Policy Statement

The City of Toronto provides parental leaves to eligible employees in accordance with the Employment Standards Act.

Application

This policy applies to all non-union employees and shall be administered in accordance with the Employment Standards Act.

Parental Leave for Bargaining Unit Employees is available in accordance with their respective Collective Agreements.

Bargaining Unit Article
Local 79 Full Time Unit 17.03 and 17.05
Local 79 Unit B – Part time 17.03 and 17.05
Local 79 Long Term Care Homes Unit PT 20.03 and 20.05
Local 79 Part-Time Recreation Workers 15.03
Local 416 24.03 and 24.05
TPFFA Local 3888 23.03

Note: EI benefits provided by the federal government and weeks of leave mandated by provincial legislation, referred to in this policy, are applicable to parental leaves taken for children born or coming into care on or after December 3rd 2017.


Definitions

Parent: For the purpose of this policy, employment standards legislation defines parent as:

  • a natural or adoptive parent
  • a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own

Conditions

Any employee who has taken pregnancy leave is entitled to 35 weeks or 61 of parental leave. A father or any other parent as defined in this policy is entitled to a maximum of 37 weeks or 63 of parental leave. The leave is provided to care for a child who has come into the care, custody or control of a parent for the first time.

A natural mother must begin her parental leave when her pregnancy leave ends, i.e. after 17 weeks or after the child first comes into her custody, care or control.

A father, or any other parent as defined in this policy must begin their parental leave no later than 78 weeks after the birth or after the child first comes into their custody, care or control.

Employees are encouraged to provide as much notice as possible before taking parental leave. They should give the employer written notice at least two weeks before the start of the leave.

Employees must give the city written notice of when they plan to end the leave and if they wish to change the return date to an earlier or later time.

If employees wish to extend the period of parental leave, they must apply for childcare leave.

An employee returning from parental leave will return to their former position or a comparable position.

Any employee who decides not to return to work after parental leave, must give the city at least four weeks notice of their intention to resign their employment.


Salary & Benefits

Payment during Parental Leave

Employees who are eligible for parental benefits under the Employment Insurance Act may collect benefits for up to 63 weeks of parental leave.

Employment insurance is paid to one parent or the other or can be split between both parents.

The city pays a top-up equal to the difference between the employment insurance benefit, plus any other earnings, and 75% of an employee's regular pay for up to 61 weeks of the parental leave. Employees must provide proof of the employment insurance payment to payroll.

Employees who had a two week waiting period for top-up for pregnancy leave continue to receive top-up for parental leave without a further waiting period

Other employees (e.g. fathers or adoptive parents) will receive parental leave top-up after a two week waiting period.

Part-time employees are paid on the same basis as full time employees but the pay is pro-rated.

Benefits

Basic benefits coverage continues during parental leave for employees eligible for benefits. Employees are responsible for premiums that they would normally pay for, such as group life insurance.

Benefits coverage for part-time employees continues to be pro-rated.

Service and eligibility for benefits, including sick pay accrual (where applicable) continue to accrue during parental leave. However, the period of leave does not count towards completion of the probationary period.

An employee's vacation entitlement is not affected by any period of legislated parental leave i.e.37 or 63 weeks.

If an employee wants to maintain pension service credits they must pay the employee's contributions for the duration of the leave. The city will match these contributions.



Approved by

Senior Management Team

Date Approved

July 29, 1999

Last Revised

December 4, 2017

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