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MoU: Employment Standards Act Leaves

PURSUANT TO THE COLLECTIVE AGREEMENT AND ONTARIO LABOUR RELATIONS ACT, 2008

BETWEEN

THE ASSOCIATION OF PART TIME PROFESSORS OF THE UNIVERSITY OF OTTAWA (“APTPUO”; the "Union")

Union

and

THE UNIVERSITY OF OTTAWA (the "Employer")

(PDF document here)

SETTLEMENT AGREEMENT

  1. WHEREAS the Employment Standards Act, 2000, was recently amended with the Employment Standards Amendment Act (Leaves to Help Families), 2014;
  2. WHEREAS the Employment Standards Act, 2000, now includes several types of leave;
  3. WHEREAS the following leaves are not defined in the collective agreement between the Union and the Employer (hereby referred to as “the Parties”):
    1. Family Medical Leave;
    2. Organ Donor Leave;
    3. Family Caregiver Leave;
    4. Critically Ill Child Care Leave;
    5. Crime-Related Child Death or Disappearance Leave;
    6. Personal Emergency Leave;
    7. Emergency Leave, Declared Emergencies;
    8. Reservist Leave;
  4. WHEREAS the Parties wish to incorporate the amendments into the collective agreement;
  5. WHEREAS Article 7.8 of the collective agreement provides that “[a] member may apply for, and the Employer may grant leaves of absence with or without pay in circumstances not covered explicitly by this Agreement;”
  6. WHEREAS Article 7.2 of the collective agreement provides that “[the] Employer reserves the right to cancel a contract in order to cancel a course or to hire a replacement if the Employer has a reasonable expectation that the employee will not be able, by reason of absence, to carry out at least 10/13 of the assigned work in any course. Such termination shall not affect the employee's entitlement to paid sick leave or maternity leave, as provided for below;”
  7. WHEREAS Article 5.11 of the collective agreement provides the indemnifications to be awarded to the member “[…] who has accepted an appointment which was offered to her/him in writing […]” for the cancellation of a contract;

IT IS HEREBY AGREED THAT:

  1. The parties agree that the provisions related to the leaves of the ESA, allow an employee to get an unpaid, job-protected leave from work for time and purposes defined in the ESA;
  2. The parties agree that all APTPUO members are entitled to the leaves, pursuant to the ESA;
  3. The parties further agree that APTPUO members retain all rights and benefits under the collective agreement during the leaves of the ESA, including, but not limited to, their membership status, their medical and pension plans, their access to the installations and to services of the Employer;
  4. APTPUO members continue to participate in each type of benefit plan related to his or her employment unless he or she elects in writing not to do so. The Employer shall continue to make the employer’s contributions for such plan or plans unless the employee gives the employer a written notice that the employee does not intend to pay the employee’s contributions, if any. Article 4 does not apply to Reservist Leave.
  5. To access these leaves, APTPUO members must notify the Employer in writing of their intent to take leave as soon as possible;
  6. The Employer may also consider leave requests other than those listed above and may grant leave (with or without pay) at its discretion;
  7. In the event that the APTPUO member’s contract or contracts have not yet ended upon his or her return, the Employer may:
    1. Reinstate the member to its position or positions held when the leave was granted; or
    2. If the Employer wishes to cancel the contract as per section 7.2 of the collective agreement, it shall pay the applicable indemnifications as per section 5.11 of the collective agreement;
  8. For the purpose of determining the applicable indemnification to be awarded to the employee, the award shall be based on the teaching performed by the employee to the day during which the Employer establishes that the employee has not performed 10/13 of his/her contract or contracts;

Application to Collective Agreement

  1. The parties agree that nothing in this agreement precludes the Employer from providing more generous entitlements to APTPUO members than those outlined in the ESA;
  2. The parties agree that nothing in this agreement affects, limits or restricts more generous entitlements provided under the collective agreement;
  3. Appendixes A to H are part of this Agreement;
  4. This agreement is in force until the renewal of the 2013-2016 collective agreement.

SIGNED IN OTTAWA ON JUNE     , 2015.

Robert Johnson, APTPUO 

Jules Carrière, UNIVERSITY OF OTTAWA 

Appendixes

Appendix A: Family Medical Leave

  1. The parties agree that the provisions related to Family Medical Leave, at section 49.1 of the ESA, allow an employee who has been working for at least six months to take up to 8 weeks of unpaid leave from work to care for a family member who has a serious medical condition with a significant risk of death occurring within 26 weeks from the start of the leave;
  2. The parties agree that all APTPUO members employed by the University of Ottawa are entitled to the Family Medical Leave, pursuant to the ESA;
  3. To access Family Medical Leave, APTPUO members must notify the Employer in writing of their intent to take leave as soon as possible and provide a plan setting out the required period of time for the Family Medical Leave;
  4. Changes in the plan’s timelines must be made known to the employer in writing, and are permissible only in the event that all of the requirements of the section remain met;
  5. The Employer is entitled to request a certificate from a qualified medical practitioner that states the family member is critically ill and requires the care or support of another family member;
  6. The Employer may also consider Family Medical Leave requests other than those listed above and may grant leave (with or without pay) at its discretion;

Appendix B: Organ Donor Leave

  1. The parties agree that the provisions related to Organ Donor Leave, at section 49.2 of the ESA, allow an employee who has been working for at least 13 weeks to take up to 13 weeks of unpaid leave from work to undergo surgery for the purpose of organ donation.
  2. The parties agree that all APTPUO members employed by the University of Ottawa for more than 13 weeks who will undergo surgery for the purpose of organ donation are entitled to the Organ Donor Leave, pursuant to the ESA;
  3. To access Organ Donor Leave, APTPUO members must notify the Employer in writing of their intent to take leave as soon as possible and provide a plan setting out the required period of time for the Organ Donor Leave;
  4. Changes in the plan’s timelines must be made known to the employer in writing, and are permissible only in the event that all of the requirements of the section remain met;
  5. The Employer is entitled to request a certificate from a qualified medical practitioner that confirms that the employee has undergone or will undergo surgery for the purpose of organ donation;
  6. The Employer may extend the leave if a qualified medical practitioner states that the employee is not yet able to perform his/her duties because of the organ donation and will not be able to do so for a specified time;
  7. The Employer may also consider Organ Donor Leave requests other than those listed above and may grant leave (with or without pay) at its discretion;

Appendix C: Family Caregiver Leave

  1. The parties agree that the provisions related to Family Caregiver Leave, at section 49.3 of the ESA, allow an employee up to eight weeks of unpaid leave from work, per calendar year, to provide care or support for a family member with a serious medical condition;
  2. The parties agree that all APTPUO members are entitled to the Family Caregiver Leave, pursuant to the ESA;
  3. The parties further agree that article 7 of the collective agreement does not apply to leave taken pursuant to the Family Caregiver Leave provisions of the ESA;
  4. To access Family Caretaker Leave, APTPUO members must notify the Employer in writing of their intent to take leave as soon as possible;
  5. The Employer may request that the APTPUO member obtain a medical certificate from a qualified health practitioner before Family Caretaker Leave is granted;
  6. The Employer may also consider Family Caregiver Leave requests other than those listed above and may grant leave (with or without pay) at its discretion;

Appendix D: Critically Ill Child Care Leave

  1. The parties agree that the provisions related to Critically Ill Child Care Leave, at section 49.4 of the ESA, allow an employee who has been working for at least six months to take up to 37 weeks of unpaid leave from work to care for a critically ill child.
  2. The parties agree that all APTPUO members who have been employed by the University of Ottawa for at least six months are entitled to the Critically Ill Child Care Leave, pursuant to the ESA;
  3. The parties further agree that article 7 of the collective agreement does not apply to leave taken pursuant to the Critically Ill Child Care Leave provisions of the ESA;
  4. To access Family Caretaker Leave, APTPUO members must notify the Employer in writing of their intent to take leave as soon as possible and provide a plan setting out the required period of time for the Critically Ill Child Care Leave;
  5. Changes in the plan’s timelines must be made known to the employer in writing, and are permissible only in the event that all of the requirements of the section remain met;
  6. The Employer is entitled to request a certificate from a qualified medical practitioner that states the child is critically ill and requires the care or support of the parent;
  7. The Employer may also consider Critically Ill Child Care Leave requests other than those listed above and may grant leave (with or without pay) at its discretion;

Appendix E: Crime-Related Child Death or Disappearance Leave

  1. The parties agree that the provisions related to Crime-Related Death or Disappearance Leave, at section 49.5 of the ESA, allow an employee who has been working for at least six months to take up to 52 weeks of unpaid leave from work where their child, step-child or foster child under the age of 18 has disappeared as a result of a crime. The unpaid leave can be up to 104 weeks where the child dies as a result of a crime.
  2. The parties agree that all APTPUO members who have been employed by the University of Ottawa for at least six months are entitled to the Crime-Related Death or Disappearance Leave, pursuant to the ESA;
  3. To access Crime-Related Death or Disappearance Leave, APTPUO members must notify the Employer in writing of their intent to take leave as soon as possible and provide a plan setting out the required period of time required for the leave;
  4. The Employer may also consider Crime-Related Death or Disappearance Leave requests other than those listed above and may grant leave (with or without pay) at its discretion;

Appendix F: Personal Emergency Leave

  1. The parties agree that the provisions related to Personal Emergency Leave, at section 50.1 of the ESA, allow an employee to take an unpaid leave from work because of an illness, injury or medical emergency of an individual or an urgent matter that concerns an individual as defined at section 50.1 (2).
  2. The parties agree that all APTPUO members employed by the University of Ottawa for more than six months are entitled to the Personal Emergency Leave, pursuant to the ESA;
  3. To access Family Caretaker Leave, APTPUO members must notify the Employer in writing of their intent to take leave as soon as possible and provide a plan setting out the required period of time for the Critically Ill Child Care Leave;
  4. Changes in the plan’s timelines must be made known to the employer in writing, and are permissible only in the event that all of the requirements of the section remain met;
  5. The Employer is entitled to request a certificate from a qualified medical practitioner that states the child is critically ill and requires the care or support of the parent;
  6. The Employer may also consider Critically Ill Child Care Leave requests other than those listed above and may grant leave (with or without pay) at its discretion;

Appendix G: Emergency Leave, Declared Emergencies

  1. The parties agree that the provisions related to Emergency Leave (Declared Emergencies), at section 50.1 of the ESA, allow an employee who has been working to take up unpaid leave from work because of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act and,
    1. because of an order that applies to him or her made under section 7.0.2 of the Emergency Management and Civil Protection Act;
    2. because of an order that applies to him or her made under the Health Protection and Promotion Act;
    3. because he or she is needed to provide care or assistance to an individual referred to in subsection (8) of the ESA; or
    4. because of such other reasons as may be prescribed.
  2. The parties agree that all APTPUO members employed by the University of Ottawa are entitled to the Emergency Leave (Declared Emergencies), pursuant to the ESA;
  3. To access Emergency Leave (Declared Emergencies), APTPUO members must notify the Employer in writing of their intent to take leave as soon as possible and provide a plan setting out the required period of time for the Critically Ill Child Care Leave;
  4. The entitlement to Emergency Leave (Declared Emergencies) of the employee ends on the day the emergency is terminated or disallowed;
  5. The Employer may also consider Emergency Leave (Declared Emergencies) requests other than those listed above and may grant leave (with or without pay) at its discretion;

Appendix H: Reservist Leave

  1. The parties agree that the provisions related to Reservist Leave, at section 50.2 of the ESA, allow an employee to take up an unpaid leave from work because:
    1. the employee is deployed to a Canadian Forces operation outside Canada;
    2. the employee is deployed to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath; or
    3. the prescribed circumstances apply.
  2. The parties agree that all APTPUO members employed by the University of Ottawa for at least the prescribed period of the leave or, if no period is prescribed, for at least six consecutive months, whichever is less, are entitled to the Reservist Leave, pursuant to the ESA;
  3. To access Reservist Leave, APTPUO members must notify the Employer in writing of their intent to take leave as soon as possible and provide a plan setting out the required period of time for the Reservist Leave;
  4. Changes in the plan’s timelines must be made known to the employer in writing, and are permissible only in the event that all of the requirements of the section remain met;
  5. The Employer is entitled to require an evidence of entitlement from the employee;
  6. The Employer may also consider Reservist Leave requests other than those listed above and may grant leave (with or without pay) at its discretion;