Maternity/Paternity Leave

ARTICLE 11: MATERNITY/PARENTAL LEAVE 

11.01 Maternity/Parental Leave shall not constitute a cause for termination of engagement but may require an extension of the program as determined by the Program Director. 

11.02 Proof for Leave 

a) AHS may require a Resident Physician to provide proof to support the maternity leave. Such proof may include a medical certificate confirming pregnancy and the estimated date of delivery. 

b) For parental leave related to adoption, AHS may require a Resident Physician to provide a legal certificate of adoption. 

11.03 Maternity Leave 

a) Eligibility for maternity leave pay and benefits commences eight (8) weeks following the first day that the Resident Physician commences the duties of her appointment. If leave is required prior to completing eight (8) weeks of service, the Resident Physician may be eligible for sick leave and/or an unpaid general leave of absence in accordance with Articles 17 and 18. 

b) A Resident Physician who is pregnant shall be granted a maximum of seventeen (17) weeks of maternity leave. Such leave may commence up to eight (8) weeks prior to the predicted date of birth and shall commence no later than the date of delivery. 

c) The Resident Physician shall receive up to seventeen (17) weeks of sufficient pay inclusive of the Employment Insurance one (1) week waiting period to match ninety percent (90%) of her salary when combined with Employment Insurance benefits for maternity leave. 

d) If the Resident Physician has a valid health-related reason for being absent from work prior to eight (8) weeks before her estimated delivery date or following seventeen (17) weeks of maternity leave and is eligible for paid Sick Leave as per Article 17, the Resident Physician may access the paid Sick Leave. 

e) For medical accommodation prior to the commencement of maternity leave, refer to Article 19.03. 

f) When a maternity leave commences in the final year of training, maternity pay and benefits will conclude at the end of the final Appointment Year, unless the Resident Physician’s appointment is extended, and the Resident Physician is required to return at the conclusion of the maternity leave. 

g) A Resident Physician whose pregnancy ends other than as a result of a live birth within sixteen (16) weeks of the estimated due date is entitled to maternity leave. If maternity leave has not already commenced in accordance with Article 11.03(b) such maternity leave shall commence on the date that the pregnancy ends. Such maternity leave shall end sixteen (16) weeks after the commencement of the leave. 

11.04 Parental Leave 

a) In the event of the birth or adoption of a child, where a Resident Physician has not been granted maternity leave, a Resident Physician shall be granted a maximum of two (2) weeks leave of absence with full pay and benefits to be taken within the first fifty-two (52) weeks following the birth or adoption of a child. 

b) In addition, a Resident Physician shall receive at her/his request additional leave without pay or benefits as follows: 

i. Maternity Leave granted – total leave of up to seventy-eight (78) weeks inclusive of any leave taken under Article 11.03(b), or

ii. No Maternity Leave granted – total leave of up to sixty-two (62) weeks inclusive of any leave taken under Article 11.04(a). c) 

• In the event that the parental leave relates to the adoption of a child, the leave may commence on one (1) days’ notice, provided the application for such leave is made when the adoption has been approved, and the Program Director is kept informed of the progress of the adoption proceedings.