3. Adoptive Leave

3. Adoptive Leave

3.1 General

3.1.1 An employee who has adopted a child is eligible for adoptive leave in accordance with the Manitoba Employment Standards Code.

3.1.2 Employees must submit an application in writing for adoptive leave at least four (4) weeks before the mday specified in the application as the day the leave is to commence.

3.1.3 Adoptive leave shall consist of a period, not exceeding thirty-seven (37) weeks subject to 3.1.4, 3.2.1 and 3.2.2.

3.1.4 An employee who gives less notice than specified in 3.1.2 shall be eligible for a period of adoptive leave of thirty-seven (37) consecutive weeks less the number of days by which the notice given is less than four weeks.

3.2 Commencement and Termination of Leave

3.2.1 Adoptive leave shall commence no later than the first anniversary date of the adoption of the child or of the date on which the child comes into the actual care and custody of the employee.

3.2.2 An employee may terminate the adoptive leave earlier than the date set out in 3.1.3 or 3.1.4 by giving written notice not less than one pay period prior to the date the employee wishes the leave to terminate.

3.3 Supplemental Unemployment Benefits Plan (Adoptive)

3.3.1 An employee except those covered by the Canadian Union of Public Employees, Local 110, and Trades Agreements taking adoptive leave pursuant to this article shall be entitled to receive pay for the period of leave up to ten (10) weeks in the amount of ninety percent (90%) of the salary being received at the time leave was taken, this pay to include any benefits received from HRDC to a SUB Plan. The implementation of this clause is subject to the successful arrangement of a SUB Plan with HRDC.

3.3.2 In respect of the period of adoptive leave, payments made according to the SUB Plan will consist of the first ten (10) weeks as follows: a) for the first two (2) weeks (waiting period), payment equivalent to his/her ninety percent (90%) of gross salary, and

b) for up to the next immediate eight (8) weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety (90%) of his/her gross salary.

3.3.3 Where the employee intends to take additional leave, the employee must commence the leave immediately on expiry of the adoptive leave without a return to work after expiry of the adoptive leave.

3.3.4 An employee taking additional leave is entitled, provided the terms and conditions of the Master Policies so provide, to prepay the cost of such benefit plans for the duration of the leave. Where the employee prepays the cost, such payment from the employee will include both the Division and employees’ share of the costs.

3.3.5 The HRDC start date for the adoptive leave waiting period is the start date for which an employee is eligible for payment under this section.

3.3.6 For ten (10) month employees where any portion of the ten (10) weeks for adoptive leave top-up falls during the summer break, winter break, spring break, or any other period for when the employee is not earning salary, the employee is not entitled to receive adoptive leave benefits pursuant to this Article for that portion of the adoptive leave period.

3.3.7 Subject to the qualifying period being met, where an employee has commenced adoptive leave prior to the date of adoption of this policy, and a portion of the first ten (10) weeks falls after that date, the employee shall be entitled to receive the paid adoptive leave benefit for that portion (if any) of the first ten (10) weeks of adoptive leave that falls after the date of adoption of the policy.

3.3.8 A specific application or registration for a Supplemental Unemployment Benefits Plan is not required. The only requirement from HRDC is that the comment section of the Record of Employment confirm that the conditions of Section 38 of the Employment Insurance Regulations are met.

3.3.9 Employees must be regular full or part-time employees (not term/temporary) of the Division during the period when adoptive leave benefits may be paid by the Division in order to be eligible to receive those payments.

3.3.10 The qualifying period of seven (7) consecutive working months in the employ of the Division must be served, as per the Employment Standards Code, in order to qualify for any adoptive leave payment. For greater certainty, should an employee fail to serve the full qualifying period prior to the start of the adoptive leave, then that employee shall be eligible to receive adoptive leave benefits only for that portion of the ten (10) weeks which occurs after the completion of the seven (7) month qualifying period.

3.3.11 The Division requires, from each employee on adoptive leave, a copy of the letter from HRDC that confirms their approval with effective dates for adoptive benefits in order to accurately calculate her entitlement.

3.3.12 Employees not eligible for adoptive leave benefits from HRDC shall not be eligible for the Supplemental Unemployment Benefits Plan.

3.3.13 If both adoptive parents are employed by the Division only one employee shall be eligible for the Supplemental Unemployment Benefits Plan.

3.3.14 Should payments to employees be required prior to receipt of the Statement, an estimate of the correct entitlement will be made with an adjustment made following receipt of the Statement.

3.4 Reinstatement of Employee

An employee who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits.

3.5 Employment Deemed Continuous

For the purpose of calculating pension and other benefits of an employee to whom leave is granted in accordance with this section, employment after the termination of the leave shall be deemed to be continuous with employment before the commencement of the leave.

3.6 Additional Personal Leave

Additional personal leave may be granted to an employee provided a mutually satisfactory agreement can be concluded between the Division and the employee.

3.7 Authorization for Leave

The Chief Superintendent or designee shall be authorized to grant leaves in accordance with the Adoptive Leave Section, with the exception that additional leave requested in accordance with Section 3.6 shall require approval of the Board.