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Article 40A Maternity Leave

​Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees​​

​​​40A.01

​In this Article “date of delivery” means when the pregnancy of an Employee terminates with the birth of a child or the pregnancy otherwise terminates.

​40A.02

​An Employee who has completed ninety (90) days of continuous service before commencing leave shall be granted up to seventy-eight (78) weeks of maternity leave without pay which includes parental leave. A pregnant Employee should apply for maternity leave as soon as possible prior to the Employee’s expected date of delivery, but in any case shall give the Employer at least two (2) weeks’ notice in writing of the date on which the Employee intends to commence leave.

​40A.03

​An Employee who is eligible for maternity leave shall take at least six (6) weeks of such leave immediately following the actual date of delivery. The Employee, with the agreement of the Employer, may shorten this six (6) week period by providing the Employer with a medical certificate indicating the resumption of the Employee’s full duties will not endanger the Employee’s health.

​40A.04

​An Employee granted leave without pay pursuant to Clause 40A.02 shall, upon return to work, be returned to their former position or be placed in another comparable position within the same Department at not less than the same salary that had accrued to them prior to commencing leave, and at the same level of benefits that is applicable to Employees in their classification. Employees will be required to give the Employer two (2) weeks’ notice in writing of their intention to return to work.

​40A.05

​Notwithstanding any date initially selected for the start of maternity leave, if an Employee subsequently indicates in writing that the Employee is no longer able to carry out the Employee’s full normal duties, the Employee may commence the maternity leave at an earlier date. If the Employee presents medical evidence supporting an inability to continue work the Employee will be eligible for illness benefits in accordance with Articles 31, 32 and 33A of this Agreement up to the date of delivery.

​40A.06

​Notwithstanding any other provisions of this Article, a pregnant Employee may qualify for a Supplemental Employment Insurance Benefit (S.E.B.) covering the period the Employee has provided medical evidence from the Employee’s physician or midwife which satisfies the Employer that the Employee remains medically unable to do the Employee’s job following the date of commencement of a maternity leave, as originally determined by the Employee, or the date of delivery, whichever comes first. An Employee must apply and when approved, submit to the Employer, proof of receipt of Employment Insurance maternity benefits, in order to be paid the S.E.B. payments. Leave then taken under this Supplemental Plan shall be considered to form part of maternity leave without pay for the purposes of Clauses 40A.02 and 40A.03. An Employee who is eligible for S.E.B. plan shall not be eligible for illness leave benefits pursuant to Articles 31, 32 and 33A. An Employee applying for S.E.B. payments must do so no later than eight (8) weeks after the date of delivery. Where exceptional circumstances can be shown, the Employer may consider request beyond the eight (8) week requirement.

​40A.07

​Notwithstanding any other provisions in this Article, if during the ten (10) week period immediately preceding the estimated date of delivery the pregnancy of an Employee interferes with the performance of the Employee’s duties, the Employer may, by notice in writing to the Employee, require that the Employee proceed on maternity leave.

​40A.08

​An Employee who has completed one (1) year of continuous service and resigns for maternity reasons and who is re-employed in any capacity within six (6) months from the date of the Employee’s resignation shall be considered to have been on leave without pay but for the purpose of vacation leave shall be treated like a new Employee. All previous service with the Employer will be used in calculating entitlements under Article 37.

​40A.09

​A pregnant Employee who presents medical evidence from the Employee’s physician or midwife which satisfies the Employer that continued employment in the Employee’s present position may be hazardous to themself or to the Employee’s unborn child, may request a transfer to a more suitable position if one is available.

​40A.10

​An Employee who at the commencement of Maternity Leave is participating in the Government Employees’ Prescription Drug Plan, the Group Extended Medical Benefits Plan, the Group Dental Plan and the Group Life Insurance Plan shall continue to be covered under these Plans throughout the total period the Employee is on Maternity Leave, and the Employer and the Employee premium contributions if applicable shall continue. In advance of any such leave and subject to Articles 34.05 and 35.01(h), the Employee shall make arrangements to ensure the Employee’s share of benefit premiums are paid each pay period when due for the duration of the maternity leave.​

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