Family Medical Leave is unpaid, job-protected leave of up to twenty eight (28) weeks in a 26-week period. It may be taken to provide care and support to a specified family member (listed in the policy) for whom a qualified health practitioner has issued a certificate indicating that the family member has a serious medical condition and there is a significant risk of death occurring within a period of 26 weeks.
Submit a written request to your manager or supervisor, stating your wish to take a Family Medical Leave, or submit a request through the Time Off module in SuccessFactors.
All employees, whether full-time or part-time, permanent, temporary or contract, are entitled to Family Medical Leave.
The twenty eight (28) weeks of a Family Medical Leave may be shared by all employed family members who take a Family Medical Leave to provide care and support to a specific family member. For example, if one spouse takes ten (10) weeks of Family Medical Leave to care for his or her child, the other spouse can take only eighteen weeks of Family Medical Leave.
The City continues your basic benefits coverage (health, dental, group life insurance, STD and LTD) for the duration of the leave for a maximum of twenty eight weeks. Coverage of benefits for part-time employees continues on a pro-rated basis. If you normally pay premiums for benefits that are not covered by the basic plan, for example additional coverage for group life insurance you are still responsible for paying those premiums during the leave.
If you want to maintain pension service credits you must pay your pension contributions for the duration of the leave. The City will match these contributions.
You earn vacation credits during the leave. If you accumulate sick leave credits, you continue to earn these credits during the period of leave. You accumulate full service and seniority during the leave, however Family Medical Leave days are not counted towards the completion of the probationary period.
If you are entitled to Ill Dependent Leave you may wish to access that leave before family medical leave, as ill dependent leave is paid leave. You do not have to use ill dependent leave before applying for Family Medical Leave. You may wish to use it for other instances or family members.
Statutory holidays are treated in the same way as in other unpaid leaves. If a statutory holiday occurs during your leave you are not paid for that holiday.
You submit a request to your supervisor stating how much time you are requesting. Note that a request for leave beyond twenty eight weeks is at the discretion of your Division. If the extended leave is granted you may take that time as vacation, Voluntary Leave, Leave without Pay or personal leave provisions if they are in your collective agreement. The benefits you receive during an extended leave depend on the conditions specified by the type of leave you take e.g. if you take Voluntary Leave, benefits are included; if Leave without Pay, benefits are not included.
If you have taken a Family Medical Leave and your family member did not die within the designated 26 weeks, you may take another leave at a later time if you are facing a similar situation or if another family member is at risk of dying. Every time you take a new Family Medical Leave, you need a new medical certificate.
There is only one option for this leave and that is to receive no pay during periods that you are away from work on Family Medical Leave.
Family Medical Leave is part of the Employment Standards Act and all employers are required to approve requests for these leaves, subject to the conditions set out in the Family Medical Leave policy.
You are responsible for ensuring that the appropriate paperwork is completed for an employee to take the leave and be eligible for EI benefits.
You need to request the employee to provide a copy of the certificate from the qualified health professional.
Indicate on your attendance report that the employee is absent from work with permission for a Family Medical Leave and include the return date.
During the leave, an employee may request additional leave. A request for leave beyond twenty eight weeks is at divisional discretion. If you approve an extended leave it can be covered by vacation, Voluntary Leave, Leave without Pay as well as personal leave provisions contained in the applicable collective agreements.
Note that employees are eligible for different leave provisions depending on their bargaining unit or non-union status.
The benefits an employee receives during an extended leave depends on the conditions specified by the type of leave taken e.g. Voluntary Leave includes benefits; benefits are not included in a Leave without Pay.
The employee may have taken a Family Medical Leave and his/her family member did not die within the designated 26 weeks. That employee is entitled to another Family Medical Leave if he/she is facing a similar situation with the same family member or if another family member is at risk of dying. Employees are required to get a separate medical certificate for every occurrence of Family Medical Leave.
When an employee is on Family Medical Leave the leave ends on the last day of the week in which the family member dies.
Employees are entitled to twenty eight weeks of Family Medical Leave.
Executive Management Team
November 8, 2004
January 20, 2020