CUPE Local 3902 (Unit 5): Vacations & Leaves

Pregnancy Leave Up to 17 weeks
Parental Leave Up to 35 weeks (37 for non-birth parent)
Non-Birth Parent Leave Up to 1 week
Sick Leave 5 days per contract year
Serious Illness, Surgery and Hospitalization Up to 2 months
Gender Reassignment Surgery Leave Up to 2 months
Bereavement Leave 3 consecutive days (5 days if extensive travel required) per contract year
Compassionate Leave One week per contract year
Jury Duty Leave 1 week
Professional Development 3 days
Holidays Statutory holidays and Presidential Days
Vacation 3 weeks per contract year

Pregnancy Leave

An employee who has been employed for at least thirteen (13) weeks and who is pregnant shall be granted a pregnancy leave of absence of up to seventeen (17) weeks upon written request submitted at least two (2) weeks in advance. Where the University requests the submission of a certificate from a legally qualified medical practitioner (e.g., physician, obstetrician/gynecologist, midwife) confirming that the employee is pregnant and the probable date of delivery, such certificate shall be at the University’s expense. The employee and the employing Department shall record in writing their joint understanding of the anticipated beginning and ending dates of the leave; however, the ending date of a leave may not be extended beyond the ending date of the employee’s appointment.
An employee may return to work within the original period of appointment upon giving two (2) weeks’ notice in writing of intention to do so or upon confirming previous arrangement for return. The employee shall be reinstated to the position or shall be provided with alternative work of a comparable nature at the same rate of pay for the remainder of the appointment.
In the event of a miscarriage, a stillbirth, or birth of the child earlier than expected, the employee may begin the leave immediately, but shall notify the employing Department as soon as possible, but no later than ten (10) working days subsequent to the first day of leave; on request and at the University’s expense, the employee shall provide a certificate from a legally qualified medical practitioner (e.g., physician, obstetrician/gynecologist, midwife) stating the date of birth, stillbirth, or miscarriage, and the date the employee was expected to give birth.
Effective July 1, 2017, the University will pay the lesser of eight hundred (800) dollars or ninety-five (95) percent of salary during the one (1) week waiting period for Employment Insurance benefits, provided that the employee applies for, and receives, Employment Insurance.
For the next fifteen (15) weeks, or until the end of the appointment (whichever comes first), the University will pay the lesser of four hundred (400) dollars or the difference between Employment Insurance benefits and ninety-five (95) percent of the actual salary which the employee was receiving on the last day worked prior to the commencement of the maternity leave, provided that the employee applies for, and receives, Employment Insurance.

Parental Leave

An employee who has been employed for at least thirteen (13) weeks and who is the parent of a child is entitled to a leave of absence without pay for up to thirty-five (35) weeks following (a) the birth of the child; or (b) the coming of the child into the custody, care and control of the employee for the first time.
An employee who has not taken pregnancy leave is entitled to a leave of absence without pay of up to thirty-seven (37) weeks.
Application for such leave shall be submitted in writing to the employing Department at least two (2) weeks in advance, indicating the date on which the leave is to begin. Parental leave may begin no more than fifty-two (52) weeks after the day the child is born or comes into the custody, care and control of the employee for the first time. Parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends, unless the child has not yet come into the custody, care and control of the employee for the first time.
An employee may return to work within the original period of appointment upon giving two (2) weeks’ notice in writing of the intention to do so or upon confirming the previous arrangement for return. The employee shall be reinstated to the position or shall be provided with alternative work of a comparable nature at the same rate of pay for the remainder of the appointment.
Effective July 1, 2017, the University will pay the lesser of eight hundred (800) dollars or ninety-five (95) percent of salary during the one (1) week waiting period for Employment Insurance benefits, provided that the employee applies for, and receives, Employment Insurance.
For the next eight (8) weeks, or until the end of the appointment (whichever comes first), the University will pay the lesser of four hundred (400) or the difference between Employment Insurance benefits and ninety-five (95) percent of the actual salary which the employee was receiving on the last day worked prior to the commencement of the parental leave, provided that the employee applies for, and receives, Employment Insurance.
In the case where the employee who is the parent of a child stops working because the child comes into the custody, care and control of the parent for the first time sooner than expected, the employee must provide written notice to take leave within two (2) weeks of stopping work.

Non-Birth Parent Leave

Upon the birth or adoption of a child, a non-birth parent shall be entitled to up to one (1) week without loss of pay within six (6) weeks of the birth of the employee’s child, or the coming of the child into the care, custody and control of a parent for the first time. Such requests shall be made as far in advance as possible. For clarity, this provision is available to any non-birth parent.

Sick Leave

  1. Employees who are unable to attend work due to illness or injury, shall be granted up to five (5) sick days per contract year, or a pro-rated portion equivalent thereof for any portion of an employee’s appointment that is less than twelve (12) months and for employees holding partial or part-time appointments.
  2. To qualify for sick leave without loss of pay, the employee must promptly, and in advance if possible, notify the supervisor of the employee’s absence and expected date of return to work.
  3. Employees may be required to provide a physician’s certificate, at the University’s expense, upon return to work. All certifications by medical practitioners respecting sickness or injury shall be treated as confidential.
  4. Sick leave credits shall not accumulate from one period of employment to another.
  5. Where an employee is unable to perform duties because of illness or injury for a period beyond the period of paid sick leave, the employee may request sick leave without pay for the period of illness or injury, or the end of the contract, whichever comes first.

Serious Illness, Surgery and Hospitalization

  1. An employee who provides a certificate from a licensed physician confirming that the employee is unable to attend work and/or perform duties due to a serious illness, required surgery and/or hospitalization may be granted up to two (2) months of paid leave at the employee’s regular rate of pay during the period of the employee’s appointment.

Gender Reassignment Surgery Leave

An employee who provides a certificate from a medical practitioner confirming that the employee requires a leave of absence in order to undergo the medical procedure(s) related to a physical change from one gender to another shall be granted up to two (2) months of paid gender reassignment surgery leave at the employee’s regular rate of pay during the period of the employee’s appointment.

Bereavement Leave

The University will grant up to three (3) days of paid leave in the event of the death of an employee’s spouse or same-sex partner, children (including step-children), grandchildren, parents, parents-in-law, sibling (including step-brother, step-sister), brother-in-law, sister-in-law, and grandparents, or for the death of a person whose relationship is not defined above, the impact of which is comparable to that of the immediate family (e.g., a close friend). If extensive travel is required, the employee shall be permitted no fewer than five (5) consecutive days of leave per contract year without loss of pay.

Compassionate Leave

Upon request, an employee shall be granted leave without loss of pay for up to one (1) week to attend to an ill relative, spouse, child or close associate, at the employee’s request once per contract year. Unpaid compassionate leaves under this article may be granted during the same contract year.

Jury Duty Leave

Upon written request, supported by a copy of the summons, an employee shall be granted leave without loss of pay of no longer than one (1) week or until the end of the appointment (whichever comes first), to appear for, sit for, or serve jury duty, or Crown witness service, provided that upon return to work the employee shall provide the supervisor with written confirmation of the date(s) and time(s) on which the employee appeared and/or served, signed by an appropriate official of the Court. An employee who requires additional leave to serve jury duty or Crown witness service supported by a summons shall be granted leave without pay for the additional period required or until the end of the appointment (whichever comes first).

Professional Development

In each year of the 2017-2019 collective agreement, Postdoctoral Fellows will be entitled to take three (3) days off work without loss of pay per year of active employment (or part thereof pro-rated in half-day increments) to attend conferences, courses, or pursue any other activities that help advance their professional and/or general career development. Scheduling of such days must be requested by the employee as far in advance as practicable and must be approved by the supervisor.

An employee may make a request to the employee’s supervisor for pay in lieu (pay for a 100% FTE employee would be calculated on the basis of 2080 hours/year in order to calculate the hourly rate and then 8 hours/day for calculation of the pay in lieu) of some or all of the three days off work provided for in this article in order to defray expenses related to the employee attending such conferences, courses or other activities that help advance their professional and/or general career advancement. Approval of any such request is at the sole discretion of the supervisor and shall not be subject to the grievance and/or arbitration provisions of the Collective Agreement.

Holidays

The University will observe the following holidays:

  • New Year’s Day
  • Family Day
  • Good Friday
  • Victoria Day
  • Canada Day
  • Civic Holiday
  • Labour Day
  • Thanksgiving Day
  • Day before Christmas Day
  • Christmas Day
  • Boxing Day
  • Day before New Year’s Day

and any holiday declared by the President of the University of Toronto. An employee shall be entitled to observe holidays of the employee’s religion other than those specified above; however, except in situations where it is not possible to do so, the employee shall notify the employee’s supervisor in writing of the employee’s intention at least two (2) weeks prior to the said holiday.

Any employee required to work on any of the above-named holidays shall be provided time off in lieu at the rate of one and one half (1 ½) hours for each hour worked.

Any employee required to work on any holiday declared by the President of the University of Toronto shall be provided time off in lieu at the rate of one (1) hour for each hour worked.

Vacation

Full-Time employees shall be granted vacation with pay of three (3) weeks per contract year.

Employees shall be entitled to request vacation in increments of no less than one half (1/2) day.

While on vacation an employee will receive regular straight time pay.

Vacation credits are to be used on a year to year basis by employees to take vacation and shall not be accumulated from year to year.

If a Holiday under Article 12, or a Presidential Day, falls during an employee’s vacation period, the employee will not be required to use any vacation credit to cover the holiday.

Any vacation time not used at the time the employee ceases employment in the bargaining unit shall be paid out to the employee.