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Maternity Leave and Sick Leave

Here is the joint statement issued March 18, 2004:

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To: All WCB Employees
From: Kathleen Barclay, Manager, Labour Relations
Bonnie Pearson, Business Agent, CEU
Subject: MATERNITY LEAVE AND SICK LEAVE
Date: March 18, 2004

The WCB and the CEU have reached an agreement that effective immediately a birth mother may apply for sick leave for the time immediately following the birth of her child. This agreement arises out of a case taken to the Supreme Court of Canada where it was determined that a woman who has given birth is eligible for sick leave for the period of time they are unable to do their normal work. This period of time is individually determined by the attending physician and the woman.

The employee must provide a note from her physician stating the expected time of incapacity and she will receive sick leave pay instead of maternity top-up for that time period. Employment Insurance requires that this money be reported to them by the employee. This money will then be deducted from the maternity E.I. claim. As E.I. will not extend the 17 week end date for maternity leave this change will not affect the maternity end date.

And example of how this may look is:

Last Day of Work January 30, 2004
E.I. Claim Start Date February 1, 2004
Maternity Top-Up Start Date: February 2, 2004
Baby?s Birth Date: February 14, 2004
Sick Leave Start Date: February 16, 2004
Sick Leave End Date: March 5, 2004
15 days sick leave recorded
Maternity Top-up resumes: March 8, 2004
Maternity Leave End Date: May 28, 2004
17 weeks since start of leave

If the mother opts to go on parental leave that leave would continue as usual.

Please note this is a voluntary option and the employee may opt to continue on uninterrupted maternity top-up pay.

Individuals should do a careful examination of the value of the sick leave option versus remaining on EI top-up.

If you have any questions please contact your HR Advisor or your Shop Steward.



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