Leaves of Absence

Welcome to the Saanich Teachers’ Association’s Maternity and Parental Leave and Benefits webpage!

At the STA, we recognize the importance of supporting our valued members throughout their journey into parenthood. We understand that this transformative chapter requires comprehensive policies and benefits to ensure a smooth and fulfilling transition. The STA is here to help you understand the full scope of these policies and benefits along the way.

Here, you will find a wealth of information regarding maternity and parental leave policies, benefits, and resources designed to assist and guide our members through this remarkable phase of life.

The STA president typically holds bi-yearly workshops on maternity/parental leaves. These will be announced in the STA-In-Touch newsletter, as well as on the STA Website Calendar.

Teacher Resources:

• Link Maternity/Parental handbook (link coming soon)
• Federal Government EI Maternity and Parental Leave Benefits

FAQs:

What is Maternity Leave?

• Maternity Leave is a type of medical leave that is available to support pregnant individuals recover from childbirth.

What is Parental Leave?

• Parental Leave is a type of paid leave to support parents of newly born or adopted babies.

When do I have to give notice to the employer of my maternity leave? How do I apply?

• Employment Insurance:
  • You must apply for EI (Maternity Leave) through the EI benefits webpage.
• Supplemental Employment benefit (SEB – aka top up from the employer during Maternity Leave):
  • You can apply to the employer as soon as you know your due date.
  • Apply using the Leave of Absence request form, located on the ESS “My Dashboard”. You will need to include a doctor’s note with the estimated due date.
  • Please note, you can declare your pregnancy leave and parental leave separately.

How long is Maternity/Parental Leave?

• Maternity Leave – up to 17 weeks of unpaid leave.
  • During the first week you will receive 100% of your current salary from the employer.
    During the following 15 weeks you will go on Employment Insurance (EI) and receive a salary top up from the employer (supplemental employment benefits – SEB) to 100% of your regular salary.
• Parental Leave (inclusive of Adoption Leave)
  • Standard parental leave is 35 weeks. Extended parental leave is up to 61 weeks. Note that the amount of pay you receive is the same – if your leave is longer, your pay is more spread out.
  • Also note, that once you start receiving parental leave, you cannot change the option you’ve chosen.

When is the earliest I can go on maternity leave?

• You can begin maternity leave once the child is born.
• Should you have health complications as a result of your pregnancy prior to giving birth, you should contact the school district about going on medical pregnancy leave ahead of maternity leave (up to 13 weeks prior to the due date).

What is the number of hours required to qualify for Employee Insurance (EI) while on parental leave?

• 600 hours of work from the previous year.

What is the supplemental employment benefit (SEB)?

• Teachers on maternity leave that meet the EI eligibility requirements and have continuing or temporary status will have their salary topped up to 100% for the 16 weeks
• If you work in a temporary assignment that does not meet or exceed that length of 16 weeks, your top-up will continue until the end date of your temporary assignment.

What are the eligibility requirements to access the SEB plan in Saanich?

• Answer Coming Soon

Do I pay income tax while on EI?

• Yes
• Please keep in mind that the Employer will deduct income tax based on the income you receive from the Employer. Service Canada will deduct income tax based on the income you receive from Service Canada. Keep in mind that when the top-up and EI benefits are combined, it will likely put you in a higher income tax bracket resulting in possibly owing taxes after you file opposed to getting a tax return. You may want to put some additional funds aside to account for this.

Are you able to collect the SEB if you are not collecting EI?

• If you are not on EI, you will be able to collect 1 week of SEB for the maternity leave, and 2 weeks of SEB for parental leave.

What is my pay when I am on leave?

• Your pay while on the leave will be reduced to what you receive for top-up and EI.

Do I continue to accrue seniority while on maternity/parental leave?

• Yes, for up to two years

Do I continue to get credit for an increment on the pay scale while on maternity/parental leave?

• Yes

Can I buy back my pension while I’m on leave?

• Yes, you will need to contact the the Teachers Pension Plan at 1-800-665-6770 to start the process.
• You should start the process of buying back your pension as soon as possible. The cost of the buy back increases each time your pay increases. If you pay increases as you go up the steps of the grid, and when teachers receive a general pay increase.

Will I continue to receive BlueCross benefits while on leave?

• The employer will continue to pay into their share of the benefits. Please keep in mind that once you are no longer receiving top-up, you will not be getting income from the Employer for them to deduct your share of the benefits. From this point on, if you wish to remain on the benefits plan, you will need to pay your share directly to the Employer on a monthly basis.

Welcome to the Saanich Teachers’ Association’s Maternity and Parental Leave and Benefits Information Page

This document outlines the procedures and policies of our collective agreement, Employment Standards Act (ESA), and Service Canada (EI) for Maternity and Parental leaves. The STA typically holds online workshops on maternity/parental leaves. These will be announced in the STA-In-Touch monthly newsletter, as well as on the STA website calendar. Please feel free to reach out to the local president (Shannon Toronitz) at lp63@bctf.ca for more information.

BC Employment StandardsAct (ESA):  What is Maternity/Pregnancy Leave? (Employment Standards Act Part 6 Section 50)

• Unpaid Maternity leave supports pregnant individuals to recover from childbirth regardless of the length of time employed. 

• Unpaid Maternity leave is available if a pregnancy ends in miscarriage or termination for up to 6 consecutive weeks of unpaid leave from the date of the event. 

• Unpaid Maternity Leave of up to 17 weeks can start up to 13 weeks before the expected due date, but no later than the actual birth date and ending no later than 17 weeks after the leave begins. 

• An unpaid additional 6 consecutive weeks is available if the pregnant parent is unable to return to work due to health reasons related to the birth or pregnancy loss. (ESA Part 6 section 50.3)

• If at the end of the period of the leave provided for in this article (G.23), the teacher is unable to return to duty because of ill health, the teacher shall qualify for sick leave benefits. (G.23.3 of the collective agreement)

BC Employment Standards Act (ESA): What is Parental Leave?

• An employee is entitled to take unpaid parental leave to support newly born or adopted babies. 

• Post birth mothers: Up to 61 consecutive weeks of unpaid leave, immediately following maternity leave (maternity leave of 17 weeks + parental leave of 61 weeks = 78 weeks leave in total)

• Other Parents: Up to 62 consecutive weeks of paid leave, within 78 weeks of the child’s birth.

• Adoptive Parents: Also up to 62 weeks, within 78 weeks starting from the date the child is placed.

• Up to 5 more unpaid weeks if the child has physical, psychological, or emotional needs.

Collective Agreement Language for Parental and Extended Parental 

• G.23.4: A Parental Leave (inclusive of adoption leave) shall be granted upon request as provided for in the ESA Act, part 6 for a stated period of time so that the return to duty will coincide with the commencement of the following term or semester or following spring break
• G.23.5: A teacher returning from leave shall be reassigned to the same position held prior to the leave
• A teacher may choose to apply for a transfer to another position (pursuant to Article E.13 Posting Vacancies, and Article E.14.Filling Vacancies)

• A teacher granted leave under Article G.23.1 or G.23.4 who chooses not to return to work at the expiration of that leave may apply for Extended Parental Leave
• Under normal circumstance such application shall be made no later than four (4) weeks prior to the expiration of the Article G.23.1 or G.23.4 leave
• Leave shall be granted upon request for a period not to exceed thirty (30) school months, with return to coincide with the commencement of a term or semester
• A teacher may apply within four (4) weeks of the expiration of their leave to extend it provided that the total requested extended parental leave period does not exceed thirty (30) school months with a return according to Article G.25.1.c
• G.23.5: A teacher returning from leave shall be reassigned to the same position held prior to the leave, if available, or to one comparable to that held prior to the leave
• A teacher may choose to apply for a transfer to another position (pursuant to Article E.13 Posting Vacancies, and Article E.14.Filling Vacancies)
• A teacher wishing to return early from Extended Parental Leave may do so only in instances where the return will not displace a teacher working in a contract, 
• A teacher may also return early from Extended Parental Leave to work as a TTOC and/or apply for postings for the remainder of their leave of absence. 

Applying for Maternity Leave-ESA Part 6 Sect 50(4)

A request for leave

• Needs to be given in writing to the employer,

• If the request is made during the pregnancy, the request must be given to the employer at least 4 weeks before the day the employee proposes to begin leave, and

•  If required by the employer, the request needs to be accompanied by a medical practitioner’s or nurse practitioner’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave.

• If a teacher proposes to return to work earlier than 6 weeks after giving birth to the child, the employer may require the employee to give the employer a medical practitioner’s or nurse practitioner’s certificate stating the employee is able to resume work.

• If at the end of the pregnancy leave the teacher is unable to return to work for reasons related to the birth or termination of the pregnancy, the teacher can request up to an additional six (6) weeks of unpaid leave. The teacher shall qualify for sick leave benefits due to ill health. (G.23.3 of the collective agreement)

• However, failure to give notice does not eliminate the right to take leave.

*Please note, you can declare your pregnancy leave and parental leave separately.*

 Job Protection

 During  your pregnancy or parental leave, the employer:

• Must not terminate employment, or change working conditions without written consent. (ESA Section 54)
• A teacher returning from Maternity, Parental, or Extended Parental Leave shall be assigned to the position they previously held, if available, or to one comparable to that held prior to the leave. (G.23.2, G.25.5 of the collective agreement)

• A teacher wishing to return early from Extended Parental Leave may do so only in instances where the return will not displace a teacher working in a contract. A teacher may also return early from Extended Parental Leave to work as a Teacher Teaching on Call and/or to apply for postings for the remainder of their leave of absence. (G.25.6 of the collective agreement)
• A teacher may choose to apply for a transfer to another position (G.23.2b, Gl.23.5b of the collective agreement.

Employment Insurance (EI) – Maternity Benefits

• Maternity benefits are only available to the person who has recently given birth. 
• They cannot be shared between parents. 
• The person receiving maternity benefits may also be entitled to parental benefits.
• You must apply for EI (Maternity Leave) through the EI benefits webpage.

Employment Insurance(EI)-Parental Benefits

• Available to parent(s) of a newborn or newly adopted child
• Must choose between two options: standard and extended parental benefits
• Your choice determines the number of weeks and the weekly amount that you will receive
• If sharing, each parent must choose the same option and submit their own application. Parents can receive their weeks of benefits at the same time or one after another.
• You don’t have to take weeks of parental benefits consecutively but you must take them within specific periods starting the week of your child’s date of birth or the week your child was placed with you for the purpose of adoption.
• These periods are: standard parental benefits-within 52 weeks(12 months); extended parental benefits-within 78 weeks (18 months)
• Before you apply, carefully consider whether standard or extended parental benefits are your best option. You can’t change between standard and extended parental benefit options once a week of parental benefits has been paid to you or if a payment has been made to the other parent when benefits are shared.

Benefit Overview

Eligibility for EI Benefits:

• Are pregnant or have recently given birth when requesting maternity benefits
• Are caring for a newborn or newly adopted child when requesting parental benefits.
• Your employment earnings have decreased by more than 40% for at least one week.
• You have accumulated 600 insured hours of work in the 52 weeks prior to starting of claim or since start of last claim, whichever is shorter. 
• Teachers earn 9.1 hours/day or 45.5 hours/week, prorated based on time worked.

Supplemental Employment Benefits (SEB) as per our Collective Agreement-Maternity/Paternity Leave

• Apply using the Leave of Absence request form, located on the ESS “My Dashboard”. You will need to include a doctor’s note with the estimated due date.

• During the first week of Maternity Leave you will receive 100% of your current salary from the employer. (G.12.1a of the collective agreement) 

• During the following 15 weeks of Maternity Leave you will receive Employment Insurance (EI) and receive a salary top up from the employer (supplemental employment benefits – SEB) to 100% of your current salary. (G.12.1b of the collective agreement)

• When a teacher takes pregnancy leave to which they are entitled under the Employment Standards Act and the collective agreement, and the teacher is NOT in receipt of EI maternity benefits, the Board shall pay the teacher ninety-five (95) per cent of their current salary for the first two weeks of the leave. (G.12.2) 
• When a teacher takes parental leave, to which they are entitled pursuant to the Employment Standards Act and the collective agreement, a) the Board shall pay the teacher ninety-five (95)%  of their current salary for the first two weeks of such leave, except where the teacher is in receipt of EI benefits for that period and b) where the teacher is entitled to receive EI parental benefits, the teacher will receive the difference between eighty-five (85)% of their current salary and the amount of EI parental benefits received by the teacher, for the period of time the teacher is entitled to receive those benefits, up to a maximum of ten (10) weeks. 
• Teachers also have the option of taking two weeks of parental leave at 95% of their salary if they are not applying for benefits through Service Canada (EI).

• The Employer will deduct income tax based on the income you receive from the Employer. Service Canada will deduct income tax based on the income you receive from Service Canada. Keep in mind that when the top-up and EI benefits are combined, it may put you in a higher income tax bracket resulting in taxes owing after you file.

Waiting Period:

• Before you start receiving benefits, there is a 1 week waiting period for which you won’t be paid. If you apply for both IE Maternity and Parental benefits, you only need to serve the waiting period once. If you are sharing parental benefits for the same child, only one parents will serve the waiting period.
• Temporary measures will improve access to Employment Insurance benefits. For more information, visit Temporary Employment Insurance measures to respond to major changes in economic conditions

* There is an option of waiving the one-week waiting period for EI as a temporary measure that the government has put in place during this time of economic uncertainty. While this is helpful for many Canadians, it does not make financial sense for members who have access to SEB under Article G.12 at 100% of their salary for the first week of their leave, then they get 15 weeks of top up, giving them 16 weeks at full salary. If they waive the waiting period, members would lose that first week and have only 15 weeks at full salary.*

What about my pension?

You should start the process of buying back your pension as soon as possible. For more information contact Teachers Pension Plan or the BCTF for more info: 

Contacts:

Teachers’ Pension Plan: 604-660-4088 (Lower Mainland) or 1-800-665-6770
Website: pensionsbc.ca

BCTF: 604-871-2283 or 1-800-663-9163

Q &A

Q: When do I give my employer notice of my maternity leave?

You can apply to the employer as soon as you know your due date.

Q: How do I apply for maternity leave?

You can apply using the Leave of Absence request form located on the ESS “My Dashboard”. You will need to include a doctor’s note with the estimated due date. Please note that you can declare your maternity leave and parental leave separately.

Q: If I am on maternity or parental leave over Christmas break or spring break do I receive top up? Yes.

Q: If I am on maternity leave over summer break do I get top up from the employer? No. If your leave straddles the summer months, no top-up is paid during that time, and unfortunately, it can’t be moved. If your entitlement of 16 weeks carries into September, your top-up will start again for the remaining number of weeks left. 

Q: If I am on parental leave over summer break do I get top up from the employer? This can be moved to avoid the summer months, so that you don’t miss out on any top-up. Please contact Christine Mctavish for more information on this. 

Q: Do I continue to accrue seniority while on maternity/parental leave?

Yes, for up to two years.

Q: What happens with Pacific BlueCross benefits while on leave?

The current policy in Saanich is to allow teachers on maternity or parental leave to continue with benefits at the current cost sharing rate of 20% for up to 20 months. When you are receiving SEB your share will be deducted from your pay. After SEB has ended and should you wish benefits coverage to continue, you would be responsible for payment of your share of monthly benefit premiums before the first month of coverage. Please contact Christine Mactavish, Director of Hr, for more information regarding benefit coverage. 

Q: Do I continue to accrue experience credit increments on the pay scale while I’m on parental leave?

A teacher on Extended Parental leave will be entitled, during the school year in which the teacher commenced leave, to experience increments in accordance with Article B.27.

Q: Am I able to collect SEB if I am not collecting EI?

If you are not on EI, you will be able to collect 1 week of SEB for maternity leave, and 2 weeks of SEB for parental leave.

1. How long does it take Service Canada to process the EI claim?

It can take up to 6 weeks.

Q: Will Payroll take care of the Record of Employment(ROE)?

Yes, following your final day of work, Payroll will process an ROE, and will forward it online to EI.

Q: What about my annual Teacher Regulation Branch membership fee? It is your responsibility to ensure that this annual fee is paid. You can contact the Ministry of Education TRB at Vancouver: 604-660-2355

Toll Free: 1-888-356-2741

Q: How do I add a child to my benefits? 

You can add a new child to your benefits by completing the Group Insurance Change form (available on the Teacher Dashboard under Benefit forms) and submit to payroll_benefits@saanichschools.ca within 4 months.

Q: What is the number of hours required for EI Eligibility while on Parental leave? 

600 hours worked in the previous year

Q: What is my pay when I am on leave?

Your pay while on the leave will be reduced to what you receive for top-up and EI.