Human Resources Policies
Child Related Crime Leave

Category: Absence From Work

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Policy Statement

The City of Toronto provides up to fifty two (52) weeks of unpaid leave to employees if their child disappears and it is probable that the child disappeared as a result of a crime.

The City of Toronto provides up to one hundred and four (104) weeks of unpaid leave to employees if their child dies as a result of a crime.

These leaves shall be administered in accordance with the Employment Standards Act.


Background

Ontario Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014, amended the Employment Standards Act, 2000 in respect of family caregiver, critically-ill child and crime-related child death or disappearance leaves of absence.

Application

This policy applies to all employees of the City of Toronto including political staff working in the offices of Members of Council, who have been employed by the City for at least six consecutive months.

Definitions

Child

A child, step-child or foster child of the employee who is under the age of 18.

Crime

An offense under the Criminal Code of Canada.


Conditions

An employee is not entitled to either of these leaves of absence if the employee is charged with the crime or if it is probable that the child was a party to the crime.

Implementation

These leaves come into effect on October 29, 2014.

If an employee takes a leave of absence and it no longer seems probable that the child died or disappeared as a result of a crime, the leave ends on the day on which it no longer seems probable.

If the child who disappears is found alive within the 52 week period of the leave of absence, the employee may remain on the leave for 14 days.

If the child who disappears is found dead within the 52 week period of the leave of absence, the employee may remain on leave for up to 104 weeks from the date the child disappeared.

Employees shall advise their Division Head (or designate) of their request for this leave using the payroll Leave of Absence Request/Notification (PB0009). Division Heads (or designate) can not deny a request for this leave if all conditions have been met.


Salary & Benefits

Salary increases that an employee would be eligible for had they been actively working during the leave will be applied to their base salary upon their return to work.

Basic benefits coverage (health, dental, group life insurance, STD and LTD) continue during this leave.

Benefit coverage for part-time employees continues on a pro-rated basis.

Employees are responsible for premiums that they would normally pay for benefits that are not covered by the basic plan, for example additional coverage for group life insurance.

Pension

If employees want to maintain pension service credits they must pay their pension contributions for the duration of the leave. The city will match these contributions.



Related Documents


Approved by

Executive Director Human Resources

Date Approved

October 6, 2014

Update Pending

This policy is being reviewed and will be updated in accordance with changes to the Employment Standards Act, 2000. Questions related to this policy as a result of these changes can be emailed to hrpolicy@toronto.ca

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