Pregnancy and Parental Leave for Members of Council Policy — full text

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ISSUED BY: SUPERSEDES: PAGE: Council DATE ISSUED: February 19, 2019 N/A 1 of 3 THE TOWN OF CARLETON PLACE PREGNANCY AND PARENTAL LEAVE FOR MEMBERS OF COUNCIL POLICY __________________________________________________________________________ 1.0 PURPOSE This policy provides guidance on how the Municipality addresses a Member's pregnancy or parental leave in a manner that respects a Member's statutory role as an elected representative. 2.0 LEGISLATIVE AUTHORITY Section 270 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires that a municipality must adopt and maintain a policy with respect to the pregnancy and parental leaves of Members of Council. 3.0 DEFINITIONS "CAO" - shall mean the Chief Administrative Officer (CAO) or designate duly appointed by the Municipality as prescribed in Section 229 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. "Clerk" - shall mean the person or designate duly appointed by the Municipality as prescribed in Section 228 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. "Council" - shall mean the Council of the Municipality in accordance with the Council Composition By-Law in effect. "Head of Council" - shall mean the Mayor of the Town. "Member" - shall mean a Member of Council. "Municipality" - shall mean the Corporation of The Town of Carleton Place. "Pregnancy and/or Parental Leave" - an absence of 20 consecutive weeks or less as a result of a Member's pregnancy, the birth of a Member's child or the adoption of a child by the Member in accordance with Section 259(1.1) of the Municipal Act, 2001. 4.0 SCOPE This policy applies to Members of Council. ISSUED BY: SUPERSEDES: PAGE: Council DATE ISSUED: February 19, 2019 N/A 2 of 3 5.0 POLICY STATEMENT The Municipality recognizes a Member's right to take leave for the Member's pregnancy, the birth of the Member's child or the adoption of a child by the Member as required by and in accordance with the Municipal Act, 2001. 6.0 POLICY REQUIREMENTS 6.1 Council supports a Member's right to pregnancy and/or parental leave in keeping with the following principles: 1. A Member is elected to represent his or her constituents. 2. A Member's pregnancy and/or parental leave does not require Council approval and his or her office cannot be declared vacant as a result of the leave. 3. A Member will continue to receive communication from the Municipality as if the Member were not on leave. 4. A Member reserves the right to participate as an active Member of Council at any time during his or her leave. 5. A Member shall continue to receive all remuneration, reimbursements and benefits afforded to all Members of Council. 6.2 Where a Member will be absent due to a Pregnancy and/or Parental Leave, the Member shall provide written notice to the Clerk and Chief Administrative Officer indicating expected start and end dates. 6.3 The Head of Council may make temporary appointments to any committees, boards, task forces, etc. that are constituted by the Municipality and where the Member is the only Member of Council on that body. 6.4 Notwithstanding, at any point in time during a Member's Pregnancy and/or Parental Leave, the Member may provide written notice to the Clerk of their intent to lift any of the temporary appointments to exercise their statutory role. 6.5 The Member shall provide written notice to the Clerk of any changes to their return date. 7.0 COMPLIANCE The Integrity Commissioner may investigate complaints against Members related to ISSUED BY: SUPERSEDES: PAGE: Council DATE ISSUED: February 19, 2019 N/A 3 of 3 this policy. 8.0 ACCOUNTABILITY FRAMEWORK Members, the Chief Administrative Officer and Clerk are responsible for adhering to this policy. 9.0 POLICY REVIEW This Policy shall be reviewed at least once per term of Council. 10.0 REFERENCES Policies and Procedures/Documents Code of Conduct for Members of Council and Local Boards Procedural By-Law Other Resources Municipal Act, 2001, as amended