S-4.2, r. 5.1 - Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions

Section 76.53 Disposition versions

2012-09-01

76.53. An officer is entitled to one of the following leaves:

(1)  a leave without pay not exceeding 2 years immediately following the maternity leave provided for in section 76.7;

(2)  a leave without pay not exceeding 2 years immediately following the paternity leave provided for in section 76.30. However, the duration of the leave must not exceed the 125th week following the birth;

(3)  a leave without pay not exceeding 2 years immediately following the adoption leave provided for in section 76.41. However, the duration of the leave must not exceed the 125th week following the child’s arrival in the home.

The full-time officer who does not prevail himself or herself of the leave without pay shall be entitled, upon agreement with the employer, to a partial leave without pay not exceeding 2 years. The duration of the leave must not exceed the 125th week following the child’s birth or arrival in the home. During the partial leave without pay, the officer may be assigned to his or her position or to any other duties agreed upon between the officer and the employer.

During a leave provided for in this section, the officer may, upon agreement with the employer, prevail himself or herself once of one of the following modifications:

(1)  convert a leave without pay into a partial leave without pay, or vice versa, as the case may be;

(2)  convert a partial leave without pay into a different partial leave without pay.

An officer who does not take his or her leave without pay or partial leave without pay may, for the part of the leave that his or her spouse did not use, elect to benefit from a leave without pay or partial leave without pay by complying with the formalities prescribed.

Where an officer’s spouse is not employed by an employer referred to in subparagraph 3 of the first paragraph of section 76.18, the officer may prevail himself or herself of a leave at the time of the officer’s choosing within 2 years following the birth or adoption, without, however, exceeding the deadline set at 2 years from the birth or adoption. The officer may also, upon agreement with the employer, prevail himself or herself of a partial leave without pay under the same terms.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.