Leave with Pay

Policy and Procedures

The University expects employees to be present at work in accordance with prescribed days and hours of work. However, an employee may be authorized to be late or absent from work and may be compensated either totally or partially for this period of absence in accordance with the University’s leave with pay policies.

1 – Statutory (Public) Holidays

A list of approved statutory holidays is available on the Human Resources website.

1.1 – Terms and Conditions

• Employees are entitled to take time off work on public holidays and be paid public holiday pay. Employees who work on a public holiday are entitled to be paid premium pay (1.5 X regular rate) for hours worked and public holiday pay.
  • Alternatively, they may elect to be paid at their regular rate for hours worked and take another day off (substitute holiday) with public holiday pay. Public holiday pay is calculated with respect to the four weeks worked prior to the work week in which the substitute day falls.
  • For example, an employee who works 21 hours per week, the holiday pay is calculated as follows:
    • 21 hours X 4 weeks/20 = 4.2 hours
  • If this employee takes a day off (7 hours) then 4.2 hours are paid as a substitute holiday and 2.8 hours are taken as annual leave. Time off must be scheduled by mutual agreement between the Department Head and the individual employee.
• Employees must work the scheduled work day before and the scheduled work day following a statutory holiday to qualify for pay for the holiday. This requirement is deemed to have been met if an employee is on vacation or on other approved paid leave.
• The University is open on Easter Monday and some employees will be scheduled to work that day. Employees required to work Easter Monday will receive equivalent time off without loss of pay. Time off must be scheduled by mutual agreement between the Department Head and the individual employee.

1.2 – Statutory Holidays – Employees in a Casual Appointment

• Employees as noted above are entitled to statutory holidays or pay in accordance with the Employment Standards Act. Generally, employees in this category will NOT receive compensation if they:
  • failed to work a regularly scheduled day preceding or following a statutory holiday; or
  • agreed to work on a statutory holiday and, without reasonable cause, failed to report for and perform work; or
  • were employed under an arrangement whereby the employee may elect to work or not when requested to do so.
• Christmas Holiday Schedule
  • For the Christmas period each year, there will be Premium Days and Designated Days off with pay. Employees scheduled to work on those days identified as Premium Days will be paid in accordance with the Overtime Scheduled on a Statutory Holiday policy. Employees scheduled to work on those days identified as Designated Days will be granted days off with pay at some other time. Such time off is to be scheduled by mutual agreement between the Department Head and the individual employee.
• When Christmas and New Year’s fall on the following days the Premium Days and Designated Days will be:

2 – Annual Leave

2.1 – Accrual for First Year of Service

• Each employee shall receive the following annual leave with the right to take days as they are accumulated.
  • Levels Three (3) to Seven (7): 1.83 days per month
  • Levels Eight (8) and higher: 1.83 days per month
• Employees in replacement appointments earn annual leave at the rate based on the level of the position they are replacing (see above).
• During the first year of service, an employee will earn annual leave as noted above for each month in which s/he worked one-half (0.5) or more of the working days – with the right to take days as they accumulate in accordance with Scheduling Annual Leave.

2.2 – Accrual after First Year of Service

Annual leave shall be earned monthly at the rate of one-twelfth (1/12) of the employee’s annual vacation entitlement; such vacation entitlement will be calculated, according to the number of years of service from the date of hire, as follows:

• Up to and Including Level Seven (7)

• Levels Eight (8) to Twelve (12)
  • Employees in Levels Eight (8) to Twelve (12) inclusive shall receive twenty-two (22) working days’ vacation up to fourteen (14) years of service and shall receive twenty-five (25) working days’ vacation after fourteen (14) years of service.
• On an employee’s 25th anniversary service date, s/he will be granted, on a one-time basis only, an additional ten (10) working days of paid leave.

2.3 – Accumulating Annual Leave

• An employee should not accumulate annual leave in excess of thirty (30) days. In special circumstances and upon written application to the employee’s Supervisor, with a copy to the Assistant Vice-President (Human Resources), an employee may be permitted to accumulate earned annual leave up to a maximum of forty (40) days for special extended vacation.

2.4 – Scheduling Annual Leave

• It is University’s policy that employees take annual leave each year. Although the University has the right to schedule an employee’s annual leave, the practice in most cases is to permit employees to take their annual leave when it is convenient for them. The current policy recognizes that circumstances may prevent employees from using all of their leave entitlement and so it provides for limited accumulation of annual leave. It reads as follows: “The Department Head is responsible for scheduling annual leave to ensure that operational requirements of the department are met. In so doing, s/he will consider the wishes of employees. Conflicts between employees will be resolved based on seniority. However, an employee will not be permitted to exercise seniority rights to change her/his selected vacation period once the annual leave schedule has been established.”

2.5 – Reporting Annual Leave

• Employees are required to report annual leave taken by completing a monthly leave report and submitting it to their Supervisor.
• A designated staff member in each department is responsible for entering and approving leave taken for members of the department after the monthly leave report has been approved by the Manager and/or Department Head. Employees can view annual leave balances on Carleton Central and may also request and obtain information regarding annual leave credits from their Supervisor.
• The Department of Human Resources prepares reports that are distributed to Department Heads. These reports show annual leave balances for all employees in the unit and all are accompanied by a communication encouraging Managers to talk to staff in their area who have excess leave balances.
• When employees transfer from one department to another, any balance of vacation is transferred to the new department. In cases where the employee has leave in excess of 30 days, the new department can negotiate with the old department for the employee to take the excess leave before moving.
• If by September 30 an employee has a balance of accumulated annual leave in excess of thirty (30) days, the Manager must ensure the employee is scheduled to take:
  • their full earned annual leave entitlement during the next leave year, and
  • the amount required to ensure their accumulated total is reduced to thirty (30) days by the following September 30, or at least ten (10) additional days, whichever is less.

2.6 – Vacation Entitlement While on Leave Without Pay

• The University will hold an employee’s accumulated annual leave credits while the employee is on leave without pay. However, annual leave will not accrue during this period. In the case of an incomplete month of service, the employee is entitled to that month’s vacation credit only when the employee has worked one-half (0.5) or more of the working days in the month.

2.7 – Compensation for Statutory Holidays Occurring During Annual Leave

• When a statutory holiday is observed during an employee’s annual vacation, the employee will not record it as a day of annual leave but will observe it as a regular statutory holiday.

2.8 – Compensation for Illness during Annual Leave

• Where an employee on vacation satisfies the employer that s/he was incapacitated due to serious illness or accident, s/he will be allowed to claim sick leave for this period to the extent that s/he has accumulated sick leave. In such instances, the employee will not lose vacation time.

2.9 – Termination

• When an employee terminates her/his employment, her/his final pay cheque will be credited or debited, in accordance with the current rate of pay, for annual leave accumulated or owed at the date of termination.

3 – Sick Leave

3.1 – Eligibility during the First Year of Service

• At the date of hire an employee will accrue sick leave at the rate of one and one-half (1.5) days for every full calendar month of service. (A full calendar month of service is defined as more than half the normal working days of the month). The leave entitlement will continue during the employee’s first year of service.
• If during the first year of service, an employee requires more sick leave than is accumulated, annual leave credits or overtime credits may be used or leave without pay may be granted for a period not to exceed the length of the waiting period for the University’s Long Term Disability Insurance Plan. If an employee wishes to maintain all, or a portion, of her/his benefits plans while on sick leave without pay, s/he is responsible for paying the full premium(s).

3.2 – Eligibility Following Completion of One Year of Service

• After the completion of one (1) year of service, employees in continuing or term appointments are eligible to receive full salary while absent from work on sick leave to a maximum of one hundred and thirty (130) working days, which represents the waiting period for Long Term Disability Insurance benefits for any one (1) illness. If an employee is absent from work due to illness on the date of completion of one (1) year of service the sick leave bank of one hundred and thirty (130) days will not be available until the employee resumes full-time employment following the illness in question.
• Upon return to work following sick leave or long-term disability leave the employee is again eligible for the sick leave bank of one hundred and thirty (130) days. In the case of a recurrence of the same illness or injury that required the original sick leave or long-term disability leave, the employee shall be entitled to the lesser of one hundred and thirty (130) days or the period of time required to serve the waiting period for long term disability benefits

3.3 – Notification Procedures

• Employees are required to notify their Supervisor (or designate) as soon as possible on the first day of the employee’s absence. In the case of an anticipated absence of less than five (5) days, employees will contact their Supervisor on a daily basis. In the case of an anticipated absence of more than five (5) days, employees will keep their Supervisor informed on a weekly basis. Failure to comply with this provision may result in a denial of sick leave pay. The employee must also satisfy that s/he was ill and unable to work in order to receive sick leave pay. Supervisors should notify Human Resources if sick leave continues beyond one month.
• Employees may be required to provide a physician’s certificate for any absence due to illness in excess of five (5) consecutive working days. Employees may be allowed up to seven (7) working days of uncertified sick leave per year after which the employee may be required to provide a physician’s certificate or accept an examination by a medical representative designated by the University. Failure to attend such an examination may result in loss of pay.

4 – Special Leave

• Special leave to a maximum of six (6) days per annum will be granted as follows:
  • Illness in the employee’s household and/or immediate family – up to five (5) days per occasion.
  • Fire or other problem resulting in property damage in the employee’s residence – two (2) days per occasion.
  • Medical, dental and legal appointments for the employee or her/his immediate family requiring absence from work – one half-day (0.5) per occasion.
  • Moving of an employee’s household – one (1) day per occasion.
  • Preparing for or writing an examination for a credit course – one half-day (0.5) per occasion.
  • Marriage – up to four (4) days at the employee’s discretion.
  • Birth of a child (for spouse) – up to five (5) days per occasion.
  • Religious observance of up to two (2) days per year.
• With supervisory permission, an employee may be allowed an early departure or a late arrival to attend medical, dental and/or legal appointments for the employee or for her/his immediate family not requiring a half (0.5) day’s absence. Such permission will not be unreasonably withheld.
• Late arrival is not to be more than one (1) hour after the normal starting time, and early departure is not to be more than one (1) hour before the normal quitting time.
• Definition of Immediate Family:
  • a spouse;
  • a child, step-child, foster child, ward of the employee, grandchild;
  • a parent, step-parent, forester parent, grandparent;
  • a sibling;
  • a parent of the employee’s spouse; or
  • a relative of the employee who is dependent on the employee for care and assistance. “Spouse” includes both married and unmarried couples, of the same sex or the opposite sex.

5 – Court Leave

• Paid leave will be granted to any employee who is required by any Canadian body with powers of subpoena to be a witness or juror. The employee shall notify her/his Supervisor immediately upon receiving notification that s/he will be required to attend court and present proof of required service.

6 – Bereavement

• The University will allow an employee up to five (5) working days off without loss of pay in order to make the necessary arrangements and to attend the funeral of a member of his/her immediate family.
• Up to five (5) days of bereavement for:
  • a spouse;
  • a child, step-child, foster child, ward of the employee, grandchild;
  • a parent, step-parent, foster parent; grandparent;
  • a sibling;
  • a parent of the employee’s spouse; or
  • a relative of the employee who is dependent on the employee for care and assistance.
• Up to three (3) days of bereavement for:
  • a spouse of the employee’s child;
  • a spouse of the employee’s sibling;
  • an aunt/uncle;
  • a niece/nephew; or
  • a step-grandparent.
• If during a vacation period, an employee is bereaved in circumstances under which s/he would have been eligible for leave, s/he shall be granted bereavement leave and her/his vacation credits will be adjusted accordingly.

7 – Pregnancy / Maternity Leave (For Birth Mothers)

7.1 – Eligibility

• In accordance with the provision of the Employment Standards Act of Ontario, birth parents have the right for up to seventeen (17) weeks of unpaid pregnancy/maternity leave on request for the care of a newly born child, provided the employee has thirteen (13) weeks of continuous employment with the University prior to the baby’s expected due date.

7.2 – Employment Insurance-Supplemental Unemployment Benefit (SUB)

• The employee who is in receipt of Employment Insurance (E.I.) pregnancy/maternity benefits is eligible to receive up to 17 weeks of supplementary payments (top-up payments) from the University as follows:
  • for the one-week waiting (serving) period required by the E.I. plan, a payment equal to ninety-five percent (95%) of the employee’s weekly gross salary, and
  • for each of the fifteen (15) weeks where the employee receives E.I. pregnancy/maternity leave benefits, supplementary payments equal to the difference between ninety-five (95%) of the employee’s weekly gross salary and the E.I. standard rate.
  • 17^th week of top-up payments will be paid at the end of leave to bridge from the end of EI benefits and return from leave date
  • Replacement or casual employees are not eligible for supplementary leave benefits.

7.3 – Scheduling Leave

• The employee must apply, in writing, to their Department Head at least two (2) weeks prior to the commencement of leave and must give four (4) weeks’ notice to end the leave earlier.

7.4 – Seniority Rights

• Seniority rights continue during pregnancy/maternity leave.

7.5 – Benefits

• The University will hold the employee’s accumulated annual leave credits during pregnancy/maternity leave. Annual leave will accrue during the employee’s pregnancy/maternity leave and be credited to the employee on actual return to work.
• While on pregnancy/maternity leave, the employee receiving supplementary leave benefits will continue to participate in the University benefit plans on a normal cost-sharing arrangement. Benefits and benefit plan premiums will be based on the nominal salary. For those employees not receiving supplementary payments, the University will continue to pay its share of benefit plans if the employee agrees to continue paying their share of the premiums.

7.6 – Return to Work

• A continuing employee who returns to work from pregnancy/maternity leave shall be returned to the position held prior to the leave.
• A term employee who returns to work from pregnancy/maternity leave shall be returned to the position held prior to the leave provided the expiry date of the leave does not exceed the specified termination date of the term appointment.
• A replacement employee who returns to work from pregnancy/maternity leave shall be returned to the position held prior to the leave provided that the continuing or term employee who was being replaced has not returned to the position.
• A casual employee who returns to work from pregnancy/maternity leave shall be returned to the position held prior to the leave provided that the work of the position still exists.

Additional information and Maternity Leave Guide

8 – Parental Leave

Parental leave is intended for parents who are away from work to care for their newborn or newly adopted child.

8.1 – Eligibility

• Birth parents who take pregnancy/maternity leave are entitled to up to sixty-one (61) weeks of unpaid parental leave or as prescribed by legislation in force.
• Birth parents who do not take pregnancy/maternity leave and other new parents, including adopting parents, are entitled to up to sixty-three (63) weeks of unpaid parental leave or as prescribed by legislation in force, provided they have been employed for at least thirteen (13) weeks with the University before the commencement of the leave.
• The terms and conditions that apply to supplementary pregnancy/maternity leave benefits will also apply to those parents who have not taken pregnancy/maternity leave and for the legal adoption of a child provided that the claimant is eligible and approved for E.I. benefits payments (shareable up to 40 standard or up to 69 extended EI parental benefits).
• Replacement or casual employees are not eligible for supplementary leave benefits.
• While on parental leave, the employee receiving supplementary benefits shall continue to participate in the University benefit plans on a normal cost-sharing arrangement. Benefits and benefit plan premiums will be based on the nominal salary. For those employees not receiving supplementary parental leave benefits, the employer shall continue to pay the employer share for applicable staff benefit plans if the employee agrees to continue paying the employee share of the costs.
• Financial considerations, benefits and return to work terms and conditions are the same as those outlined in the Pregnancy/Maternity Leave policy.

Additional information and the Parental Leave Guide

9 – Elections

• Employees who are eligible to vote in federal, provincial and municipal elections are entitled to three (3) consecutive hours of leave, while the polls are open, for the purpose of voting. If an employee’s hours of employment do not allow for three (3) consecutive hours before the closing of the polls, the employee may, at a time convenient to the Supervisor, be absent from work without loss of pay. Employees may waive all or part of the time off.

10. Self-Funded Leave Plan

10.1 – Purpose of the Plan

• The purpose of the plan is to fund a leave of absence which will afford employees an opportunity to have an extended break from work for personal reasons. It is not intended to help fund a retirement or other permanent separation from the University. Government regulations require that upon completion of the leave of absence the employee is to return to the University for a period equal to or greater than the duration of the leave.

10.2 – Salary Deferral

• Deferral of salary may not exceed thirty-three and one-third percent (33 1/3 %) of annual nominal salary. The deferred amount will be held in a separate account for each participant by the Bank of Nova Scotia. Interest will be credited to the account monthly. The accumulated interest will be paid to the employee each year during the deferral period. The interest is taxable in the calendar year in which it is earned and the amount must be reported by the employee on his/her personal tax return for that year. The amount of interest earned each year will be reported by the University to the employee and to the Canada Revenue Agency on a T4A form.
• Examples of Salary Deferral Options for an Annual Nominal Salary of $60,000

10.3 – Duration of Leave

• The leave must be at least six (6) months and no longer than twelve (12) months. The leave must start within six (6) years of the date of the first salary deferral. The leave must be taken at the end of the deferral period. The employee may not, for example, take a leave in year two (2) and then pay the University back over the next three years. During the leave, the individual may not be employed by the University in any capacity even if that employment is casual and unrelated to his/her normal duties.

10.4 – Eligibility

• The plan is available to non-academic staff with a continuing appointment with the University, following the completion of the probation period.

10.5 – Application Process

• An application, in writing, must be made through the employee’s Department Head to their Dean, University Librarian, Director or Vice-President as appropriate. The application will be reviewed and a decision made based on the operational requirements of the applicant’s work unit. Upon approval, the application should be forwarded to the Assistant Vice-President (Human Resources) for implementation.

10.6 – Benefit Coverage During the Salary Deferral Period

• Retirement Plan contributions, at the choice of the employee, can either be based on the nominal salary (100%) or the reduced salary. The University will match the contributions made by the employee. The amount of pensionable service credited will be pro-rated according to the choice made by the employee.
• Income Tax and Canada Pension Plan contributions will be based on the reduced salary.
• Life Insurance, Long Term Disability and E.I. premiums and benefits will be based on the nominal salary (100%) and normal premium cost-sharing arrangements will apply.
• Extended Health Care and Dental Insurance premiums remain the same and the normal cost sharing arrangements apply.
• Vacation and sick leave credits will accumulate as if the employee is receiving one hundred percent (100%) of salary.

10.7 – Benefit Coverage During the Leave Period

• Under present Revenue Canada regulations, Retirement Plan contributions are permitted. Any future changes to the regulations will be considered by the University in the context of the plan.
• Income Tax and Canada Pension Plan contributions will be deducted from the deferred salary payments.
• Benefit coverage based on nominal salary (100%) will be available, at the choice of the employee, in the Life Insurance, Long Term Disability, Extended Health Care, and Dental Insurance Plans. Premiums for coverage under these plans will be the full responsibility of the employee. The University will not pay any portion of these premiums. This premium cost-sharing practice is consistent with the University policy on leave without pay.
• The premiums will be deducted from the deferred salary payments if the employee elects to maintain coverage.
• Vacation and sick leave credits will not accumulate.

10.8 – Payment of the Deferred Salary

• The deferred salary will be paid by the University in equal installments on regular pay dates.

10.9 – Return from Leave

• On return from leave, an employee has the right to return to the same position held prior to going on leave. Vacation and sick leave balances to the credit of an employee immediately prior to the leave will be reinstated.

10.10 – Cancellation of the Leave

• It is expected that an individual will continue to be committed to his/her plan for self-funded leave. However, in the case of unforeseen or extenuating circumstances, an employee may withdraw from the plan up to three (3) months prior to taking her/his leave of absence provided that s/he notifies the Department Head or Dean and the Assistant Vice-President (Human Resources) in writing. The accumulated salary deferral, less required tax withholdings, plus any accrued interest not already paid will be returned to the employee on withdrawal.
• Withdrawal from the plan does not prevent the employee from reapplying at a later date. Should an employee die while participating in the plan, any balance in the employee’s account at the time of death shall be paid to the employee’s estate.

10.11 – Other Matters

• An employee shall assume the responsibility of making himself/herself aware of the implications of the plan related to its effect on pension provisions and income tax. Those wishing to participate in the last five (5) years before retirement should take care to look into the implications of doing so.
• The University intends to maintain the plan in force indefinitely, but nevertheless retains the right to amend or discontinue the plan in whole or in part, at any time. However, no amendment to the plan initiated by the University shall operate to reduce the benefits accruing to employees who are enrolled in the plan at time of amendment.
• This plan is administered by Human Resources.