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POL.COR.18.06
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Pregnancy and Parental Leave - Employee Policy
Policy
Pregnancy and Parental Leave - Employee Policy
POL.COR.18.06
Policy Type:
Corporate Policy
Date Approved: July 9 2018
Department:
Staff Report:
By-Law No.:
Administration
FAF.18.101
2018-43
Policy Statement
The Town of The Blue Mountains ("the Town") recognizes that life events such as pregnancy,
childbirth and when a child joins a family are significant periods of time for all persons involved.
The Town supports employees through these events with the provision of pregnancy and
parental leaves in accordance with Ontario's Employment Standards Act (ESA). The Town is fully
committed to maintaining an inclusive and respectful work environment consistent with the
Ontario Human Rights Code (OHRC). New parents and pregnant employees who require
additional supports that are not covered under this policy should seek advice from their
Manager or the Human Resources Department for more information pertaining to their specific
needs.
Purpose
The purpose of this policy is to provide employees with an overview of pregnancy and parental
leaves available under the ESA, outline the roles and responsibilities of employees and
supervisors in the accommodation of pregnancy-related needs, and implementing pregnancy
and parental leaves of absence.
Application
This policy applies to employees who are eligible to take pregnancy and parental leave as
permitted under applicable employment standards legislation. Unionized employees should
also refer to their applicable collective agreement for any related provisions.
POL.COR.18.06
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Pregnancy and Parental Leave - Employee Policy
Definitions
Parent: As per the Ontario Employment Standards Act, a "parent" includes:
- a birth parent (biological)
- an adoptive parent (whether or not the adoption has been legally finalized)
- a person who is in a relationship of some permanence with a parent of the child and who
plans on treating the child as his or her own. This includes same-sex, trans and gender diverse
partnerships
Parent Who Has Given Birth: The parent who carried and delivered a child, including through
caesarean section.
Pregnancy: The process of having a baby from conception up to the period following childbirth.
Pregnancy Leave: The leave provided under Ontario's Employment Standards Act to the parent
who has given birth, for the purpose of recovering from the physical demands of child birth.
Parental Leave: The leave provided under Ontario's Employment Standard's Act to parents for
the purpose of providing care to any child that has come under the care, custody, and control
of the parent for the first time. Applies to the parent who has given birth following the end of
the pregnancy leave. Leave for the purpose of adoption is considered parental leave.
Procedures
Pregnancy Leave:
A pregnant employee who has at least thirteen (13) weeks of employment before the expected
date of birth is entitled to and must be granted a pregnancy leave of absence without pay, not
exceeding seventeen (17) weeks in duration provided they:
- submit a note in writing to their direct Supervisor and the Human Resources
department for pregnancy leave at least four (4) weeks before the date on which
the leave is to commence; and
Parental Leave:
Parental Leave is the leave provided under Ontario's Employment Standard's Act to parents for
the purpose of providing care to any child that has come under the care, custody, and control
of the parent for the first time. Applies to the parent who has given birth following the end of
the pregnancy leave. Leave for the purpose of adoption is considered parental leave.
POL.COR.18.06
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Pregnancy and Parental Leave - Employee Policy
A parent who has given birth is entitled to 61 weeks of parental leave beyond the 17 weeks of
pregnancy leave. The child's other parent is entitled to a maximum of 63 weeks of parental
leave. If the child's other parent chooses to take parental leave, they must begin their leave no
later than 78 weeks after the birth or after the child first comes into their care, custody or
control. Employees may take a shorter leave if desired; however once commencing the leave it
must be taken all together. For instance, employees cannot begin the leave, return to work, and
then decide to take the remainder of the leave at a later date.
Notice Period
Employees are encouraged to provide as much notice as possible before taking pregnancy or
parental leave so that the Town can plan accordingly. Employees must give the Town written
notice at least four (4) weeks before the start of the leave. Where an employee must begin
their leave immediately due to unforeseen circumstances such as illness or complications
caused by pregnancy, and cannot provide four weeks' notice, the employee will inform their
supervisor as soon as possible. Employees must give the Town four weeks' written notice of
when they plan to end the leave or if they wish to change the return date to an earlier or later
time. Employees who decide not to return to work at the end of the leave are requested to give
the Town at least four weeks written notice of his/her intention to terminate employment.
Right to Reinstatement
Upon their return, an employee who has taken pregnancy leave, parental leave, or both is
entitled to return to the same job that they had before the leave. In the event that the job that
the employee held before taking a leave no longer exists upon their return, the employee will
be placed in a comparable job.
Employment Insurance
The Federal Employment Insurance Act provides eligible employees with pregnancy leave
and/or parental leave benefits that are payable over the period that the employee is off on
such leaves. Employment insurance is paid to one parent or the other, or can be split between
both parents.
Health & Wellness Benefits
For employees who are eligible for benefits, continued coverage will be offered during
pregnancy leaves and parental leaves as follows:
- Benefit coverage includes extended health and dental coverage, group life insurance and
accidental death and dismemberment insurance benefits and the employee assistance plan
(EAP).
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Pregnancy and Parental Leave - Employee Policy
- Employees enrolled in optional life insurance will have the option to continue coverage during
their leave. If an employee chooses to cease coverage during leave and wishes to continue
coverage upon their return, the employee will have to reapply. This will require an employee to
medically qualify for this coverage with the Insurer.
- Unionized employees are advised to review their respective Collective
Agreements where applicable for specific details on their benefits during
pregnancy and parental leave.
Performance Appraisal
When it is known that an employee will be taking pregnancy or parental leave, their supervisor
is advised to complete a Performance Appraisal (PA) before the individual commences their
leave.
Pay Increases During Leave
An employee who is away from the workplace due to a pregnancy or parental leave is entitled
to any annual pay increase they normally would receive during that time.
- An employee who was due for a step increase during their leave, and did not
have a PA completed prior to commencing their leave, may be required to work
for an assessment period before the step increase will be initiated.
- Pay or step increases will take effect upon the employee's effective date of
return.
Seniority, Service and Vacation
Seniority and service will continue to accrue for employees who are on pregnancy and parental
leave. Vacation pay does not accrue while an employee is on leave. Vacation time is earned
while on leave and may be taken prior to the employees return.
OMERS Pension
If an employee wishes to maintain pension service credits he/she must pay the employee's
contributions for the duration of the leave. The Town will match these contributions if the
contributions are completed prior to the end of December 31st of the year following the leave
end.
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Pregnancy and Parental Leave - Employee Policy
Return of Town Property for Duration of Leave
Employees who will be away from the workplace on a pregnancy or parental leave must leave
all Town property (such as laptops, pagers, cell phones, etc.) with their direct supervisor at the
end of their last scheduled work day before the leave. If an employee has to start their leave
earlier than was anticipated, the employee must make arrangements with their supervisor to
return the property as soon as it is possible to do so.
Exclusions
This policy does not apply to Members of Council.
References and Related Policies
POL.COR.17.05 Vacation Policy
Employment Standards Act of Ontario Guide to Pregnancy and Parental Leave:
https://www.ontario.ca/document/your-guide-employment-standards-act-0/pregnancy-and-
parental-leave
EI Maternity and Parental Benefits Overview:
https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental.html
Consequences of Non-Compliance
Compliance with this policy shall be interpreted in a manner consistent with the Ontario Human
Rights Code. Failure to comply with this Policy will result in the appropriate disciplinary action
up to and including termination of employment.
Review Cycle
This policy will be reviewed once per term of council or as required due to legislative change.