APPENDIX Sample Maternity and Parental Leave Policy (This sample policy is intended as a resource to assist legal workplace employers in adapting their own Maternity and Parental Leave Policies) Table of Contents 1. Introduction 2. Associates (Employed Lawyers) Maternity and Parental Leave A. Eligibility B. Leave Provisions 1. Maternity Leave a) Health-related Maternity Leave b) Portion of Maternity Leave that is not Health-Related c) Pregnancy-related Illness d) Unpaid Maternity Leave 2. Parental Leave a) Paid Parental Leave b) Both Parents Lawyers with Firm c) Unpaid Parental Leave C. Benefits D. Impact of Leave on Consideration for Partnership E. Return to Work Requirement III Partners Maternity and Parental Leave A. Eligibility B. Leave Provisions 1. Maternity Leave a) Health-related Maternity Leave b) Portion of Maternity Leave that is not Health-Related c) Pregnancy Related Illness 1
2. Paid Parental Leave 3. Unpaid Parental Leave C. Benefits D. Return to Work Requirement IV Procedures A. Approval B. Transitional Provisions 1. Case-load Advisor 2. Leave Memorandum 3. Notice of Return to Work 4. Reminder Memo 5. Meeting After Leave 6. Impact of Leave on Future Work and Earnings C. Transitional Work Scheduling 1. Transition 2. Reduced Work Schedule Prior to Birth 3. Reduced Work Schedule on Return 5. Conclusion I. Introduction Maternity and Parental Leave Professional Staff (Lawyers) Sample Policy ( Firm Name ) has implemented this leave policy to enable partners and associate lawyers of the firm who are new parents to spend time with their newborn or newly adopted children. ( Firm Name ) recognizes the physical, emotional and psychological demands of both childbirth and adoption, and considers that a period of leave is important for the well-being of both the parent and the child. This policy is adopted as an affirmation of the firm's commitment to support its lawyers both in their decisions to become parents and in their work as lawyers. The firm also recognizes its commitment to providing and maintaining high quality legal services to its clients in the most economical and efficient manner possible. By implementing this policy, 2
( Firm Name ) seeks to reconcile these two objectives. The Employment Standards Code, R.S.A. 2000, c. E-9 and the Employment Insurance Act, S.C. 1996, c. E - 5.6, c.23 currently applies only to employed lawyers and not to those who are self-employed, and as such, this leave policy deals separately with associates (employed lawyers) and partners. II. Associates (Employed Lawyers) Parental Leave A. Eligibility Any associate lawyer in good standing, who gives birth or adopts a child, and who has been employed by the firm on a full-time or part-time basis for at least 52 consecutive weeks prior to the date on which a leave period is to begin, is eligible for the benefits under this leave policy. Lawyers who are spouses of persons giving birth or adopting a child, and who have similarly been employed full-time or part-time for 52 weeks, are considered eligible for parental leave benefits under this policy, regardless of family status or gender. B. Leave Provision 1. Maternity Leave Maternity leave is available to employed lawyers who are pregnant or have given birth. In accordance with the Employment Standards Code, the maternity leave entitlement is 15 weeks. For the purpose of this policy, maternity leave consists of two leave periods: 1) health-related maternity leave; and 2) that portion of the 15 week period that is not health related. Employed lawyers must apply for and receive the maternity benefits under the EI Act for both maternity leave periods. a) Health-related Maternity Leave: i) It is acknowledged that a portion of any maternity leave is a health-related leave. You are entitled to 15 weeks maternity leave a portion of which is healthrelated leave. Lawyers on health-related maternity leave are to be compensated like lawyers who are on leave for any other health-related cause. If you wish to avail yourself of health-related compensation during that portion of your leave, you will be required to provide relevant information on your medical condition and the length of leave recommended by your doctor. Once the health-related period of maternity leave is established by your doctor, as a supplement to E.I benefits, the employed lawyer will receive a top-up of her pay to the level that is in accordance with the sickleave provisions of the firm's disability and sick leave policy. The top-up will be paid in compliance with the E.I Regulations s. 38 and therefore will not be deducted from E.I. benefits but is intended as a supplement to them. ii) The employed lawyer is not to return to work before the expiration of the health-related maternity leave unless she provides the firm with a medical certificate indicating that the resumption of work will not endanger her health. The period of health-related maternity leave may be extended upon receipt of a written statement from her physician explaining that a longer health-related absence is necessary in 3
the circumstances. b) Portion of Maternity Leave that is not Health Related: The employed lawyer is entitled to 15 weeks maternity leave a portion of which is health-related leave as explained above. The remainder of maternity leave is taken as non health-related maternity leave. During the non-health-related portion of maternity leave, a top-up to E.I benefits of %of normal weekly earnings for weeks will be paid to the employed lawyer. The top-up will be paid in compliance with the E.I Regulations s.38 and therefore will not be deducted from E.I benefits but is intended as a supplement to them. (The employer is not obligated to provide a top-up during the portion of maternity leave that is not health related. This does not abrogate the 15 week entitlement to unpaid maternity leave.) c) Pregnancy-related Illness: In the event of pregnancy- related illness before or after the maternity leave period, benefits are available under the disability and sick leave provisions of the firm's disability benefit plan and/or through EI Act and are not intended to be covered by this policy. d) Unpaid Maternity Leave: Any associate lawyer who is ineligible for benefits under the firm's parental leave policy, is entitled to an unpaid maternity leave of absence for weeks. 2. Parental Leave A birth mother is entitled to take up to 37 consecutive weeks of unpaid job protected leave in addition to her 15-week maternity leave. Unpaid job protected parental leave of 37 consecutive weeks is also available to men and women lawyers in the firm who are adoptive parents or whose partner has given birth, including lawyers in common-law relationships, regardless or whether those relationships are of persons of the opposite or of the same sex. These parental leave entitlements are as required by the Employment Standards Code. a) Paid Parental leave: Paid parental leave is available to both men and women in the firm, including lawyers in common-law relationships, regardless of whether those relationships are of persons of the opposite or of the same sex. Of the 37 week entitlement, a paid parental leave period of up to continuous weeks will be available to lawyers following the birth or adoption of a child. Employed lawyers under this part must apply for and receive parental benefits under the E.I Act. The firm's policy is designed to supplement and add to those benefits rather than to replace them. Employed lawyers on paid parental leave will be entitled to receive a top-up to E.I benefits to % of the normal weekly earnings for weeks. Employed lawyers are also entitled to unpaid parental leave for the remaining weeks of the 37 week entitlement. (The employer is not obligated to provide a top-up to earnings during parental leave). b) Both Parents Lawyers With Firm: Where both parents are lawyers with the firm: 4
i) the payments for parental leave that would normally be made to an individual parent will be split between the parents in a proportion to be agreed upon by the parents and the firm; and ii) the parents will not take parental leave at the same time. 2. Unpaid Parental Leave In special circumstances, (list circumstances) further extensions of the leave or other requests for leave in response to unanticipated family needs will be dealt with on a case by case basis. C. Benefits All regular benefits provided by the firm to associate lawyers (list benefits if desired), will continue to be paid by the firm during all periods of paid leave, so long as the associate lawyer continues to make any contributions normally made by that lawyer. In addition, vacation pay and regular salary increases will continue to accrue as they would have accrued if the lawyer was not on leave. Vacation pay and regular salary increases will not continue to accrue during the period of unpaid leave. For unpaid parental leaves extending beyond weeks, no benefits will be paid by the firm but the associate lawyer may opt to keep up the payment of those benefits. (If the employer and employee are sharing or the employee is paying health premiums, consideration should be given to the impact or the clawback of EI benefits.) D. Impact of Leave on Consideration for Partnership An employed lawyer, who has given birth and/or has been pregnant will not be affected for consideration of partnership for having taken advantage of the firm s maternity leave or parental leave policies. An employed lawyer who is a parent or adoptive parent will not be affected for consideration of partnership for having taken advantage of the firm s parental leave policies. If an extended unpaid parental leave is taken in addition to the entitlement periods, the partnership decision may be postponed by the length of that additional leave or until the next partners meeting at which admissions are considered. E. Return To Work Requirement after paid leave An employed lawyer who has taken paid maternity or parental leave is expected to return to work at the firm on a full-time basis or on an agreed upon reduced work schedule and remain working at the firm for a period of not less than months following return from leave. If an employed lawyer does not return to work for the month period or resigns during that period, the lawyer must repay a pro-rata share of the top-up salary received during the period of paid leave, excepting that portion paid during health-related maternity leave. III. Partners Parental Leave A. Eligibility 5
All partners in good standing who give birth or adopt a child are eligible for the maternity and parental leave benefits under this leave policy. Partners who are spouses of persons giving birth or adopting a child, are eligible for parental leave benefits under this policy, regardless of family status or gender. B. Leave Provisions 1. Maternity Leave The maternity leave portions of this part of the policy are applicable only to partners who are pregnant or have given birth. The maternity leave entitlement offered hereunder is weeks. For the purpose of this policy, maternity leave consists of two leave periods: healthrelated maternity leave and paid maternity leave. a) Health-related maternity leave: It is acknowledged that a portion of any maternity leave is health-related leave. Partners on health-related maternity leave are to be compensated like lawyers who are on leave for any other health-related cause. If you wish to avail yourself of health-related compensation during that portion of your leave, you will be required to provide relevant information on your medical condition and the length of leave recommended by your doctor. The partner is not to return to work before the expiration of this period unless she provides the firm with a medical certificate indicating that the resumption of work will not endanger her health. The period of health-related maternity leave may be extended upon receipt of a written statement from her physician explaining that a longer health-related absence is necessary in the circumstances. b) Portion of maternity leave that is not health-related: In addition to healthrelated maternity leave, all partners are entitled to a portion of maternity leave that is not health-related of which weeks will be paid. Partners on paid maternity leave will continue to receive full remuneration. Their participation in partnership profits will not be affected by the leave taken. c) Pregnancy Related Illness: In the event of pregnancy-related illness before or after the maternity leave period, benefits may be available under the disability and sick leave provisions of the firm's disability benefit plan and are not intended to be covered by this policy. 2. Paid Parental Leave Paid parental leave following the birth or adoption of a child is available to both men and women partners in the firm, including partners in common-law relationships, regardless of whether those relationships are of persons of the opposite or of the same sex. A paid parental leave period of up to continuous weeks will be available to partners following the birth or adoption of a child. Partners on paid parental leave will continue to receive full remuneration. Their participation in partnership profits will not be 6
affected by the leave taken. 3. Unpaid Parental Leave If a Partner wishes to extend the parental leave past the period allowed under the paid leave portions of the policy, he or she may apply for an additional period of unpaid leave of up to weeks. Unpaid parental leave may be taken immediately after the paid leave is used or within the first 52 weeks after the birth of a baby or the arrival of an adopted child into the home. In special circumstances (list circumstances), further extensions of the leave or other requests for leave in response to unanticipated family needs will be dealt with on a case by case basis. C. Benefits All regular benefits provided by the firm to partners (list benefits if desired), will continue to be paid by the firm during all periods of leave. D. Return To Work Requirement The partner who has taken a paid leave is expected to return to work at the firm on a full-time basis or on an agreed upon reduced work schedule and remain working at the firm for a period of not less than months following return from leave. If a partner does not return to work for the month period or resigns during that period, that partner must repay a pro-rata portion of the remuneration received during the period of paid leave excepting that portion paid during health-related maternity leave. IV. Procedures This part of the policy applies to both partners and employed lawyers of the firm. A. Approval 1. Notice: Any lawyer who wishes to take a leave must notify the firm in writing at least 6 weeks prior to the anticipated date the leave will begin. Where a medical condition makes it impossible to comply with this notice period, or the date of the adopted child s placement was not foreseeable, the lawyer should give the firm written notice at the earliest possible date. In either case the notice period should provide the expected starting and ending dates of the leave required and should be directed to the Managing Partner ( or other designate). 2. Leave periods: Approval of a 15 week maternity leave and/or 37 week parental leave will be automatic. Any other leave or leave periods contemplated by this policy 7
will be at the discretion of the firm. Factors considered in determining whether a discretionary leave will be granted are the lawyer's needs and family circumstances, the special skills of the lawyer, client demands for the skills of that lawyer, and the overall situation at the firm at the time. The lawyer will receive a written response indicating the firm's decision within four weeks of submitting the application for discretionary leave. The Approval will be accompanied by a statement from the firm of the impact the discretionary leave will have (where applicable) on progress toward partnership, benefits and eligibility for salary increases. B. Transitional Provisions 1. Case-load Advisor: It is the joint responsibility of the leave-taking lawyer and the firm to ensure that: 1) the leave has the least possible impact on the productivity of the lawyer and the firm; and 2) the service to the clients is maintained. To assist in achieving this goal, the firm shall designate a partner of the firm to: 1) assist the leavetaking lawyer in transferring work; 2) to ensure that the lawyer's work is appropriately distributed; 3) to handle any difficulties concerning the distribution of the leave-taking lawyer's work arising during the leave period; and 4) to assist the leave-taking lawyer in acquiring work assignments and re-transfer of files upon the return to work. The caseload advisor will be the liaison for any emergency contact with the leave-taking lawyer required during the leave and will keep the leave memorandum containing the list and whereabouts of all of the leave-taking lawyer s files. 2. Leave memorandum: One month prior to the leave, the leave-taking lawyer will develop a leave memorandum directed to his or her case-load advisor and to the appropriate individuals in the firm, identifying each file in his or her case load and the designated lawyers who will be handling these matters during the individual's leave period. No later than two weeks prior to the expected date of departure, the lawyer will have completed the memo and met with each person taking over any file to review that file. 3. Notice of Return to Work: The leave-taking lawyer must give the firm written notice of the day he or she intends to return to work at least four weeks before the end of the leave-taking lawyer s specified leave or four weeks before the end of the entitled leave, whichever is earlier. If the leave-taking lawyer fails to provide the required notice, or does not report to work the day after the leave ends, the firm does not have to reinstate the leave-taking lawyer unless the failure to notify or return to work was due to unforeseen or unpreventable circumstances. 4. Reminder memo: Three weeks prior to the scheduled date for returning to work, the leave-taking lawyer will prepare a reminder memo to the case-load advisor respecting the date of return to work as well as outlining any reduced work schedule upon returning to work at the firm. The case-load Advisor will have the responsibility for circulating the memo to the required persons at the firm. 5. Meeting After Leave: Upon return to work after leave, the case-load advisor, the leave-taking lawyer and the lawyer with temporary charge over any of the leave-taking lawyer's files will meet to decide which files are most appropriately transferred back to 8
the returning lawyer at what point in time. 6. Impact of Leave on Future Work and earnings: Apart from a possible temporary deferment of the partnership decision outlined for employed lawyers taking discretionary leave, no lawyer will be penalized in any way for taking any maternity or parental leave authorized under this policy and all lawyers taking such leaves are guaranteed the same or equivalent position and earnings with the firm upon their return to work. C. Transitional Work Scheduling 1. Transition: It is the joint responsibility of the leave-taking lawyer and the firm to facilitate the transfer of work both before and after the leave. It is the policy of the firm that leave-taking lawyers have the opportunity to be as productive as possible during the transition periods before and after taking a maternity or parental leave. 2. Reduced Work Schedule Prior to Birth: Lawyers may find that the physical impact of pregnancy necessitates a reduced hour schedule prior to the date of birth of a child. Lawyers may request to work a reduced hour schedule for a period of up to months immediately prior to the expected date of birth of a child. In response to such requests, the firm will negotiate that lawyer's work schedule, salary and benefits for the requested period. 3. Reduced Work Schedule on Return: Lawyers may find that the demands of child care necessitates a reduced hour schedule on return to work. Lawyers may request to work a reduced hour schedule for a period of up to months immediately following return to work after leave. In response to such requests, the firm will negotiate that lawyer's work schedule, salary and benefits for the requested period. V. Conclusion This policy will be reviewed from time to time and may be modified as the firm continues to grow and change. Changes which reduce the benefits available under this policy will come into effect on months' notice to all lawyers and will apply only to leaves commencing after the expiration of the notice period. 9