7.6
ESA Leaves
Employees will be entitled to receive any paid or unpaid form of leave provided for under the Employment Standards Act, 2000 in accordance with the terms and eligibility conditions set out in the Employment Standards Act, 2000. On returning from any statutory leave as scheduled, the employee will be returned to the same or comparable job with their length of service recognized in accordance with applicable law. ESA legislation is subject to change and where a conflict exists between the below ESA Leaves and the Employment Standards Act, 2000, the Employment Standards Act, 2000 will prevail.
Bereavement Leave The employee's Supervisor shall grant the appropriate number of paid days leave based on the following: ●
●
up to five (5) working days for immediate family or significant other ○ spouse (includes both married and unmarried couples, of the same or opposite genders) ○ parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse ○ spouse of the employee's child ○ brother or sister of the employee ○ relative of the employee who is dependent on the employee for care or assistance up to two (2) working days for other significant relationships at the discretion of the Head of School.
Paid leave of absence in respect of bereavement shall only be allowed for days on which the employee had been scheduled to work. TMS reserves the right to request an employee to provide proof of eligibility for bereavement leave, as are appropriate for the circumstances. This may take the form of a death certificate, notification from a funeral home, a published obituary or a copy of a printed program from a memorial service. An employer may require an employee to provide evidence “reasonable in the circumstances” that they are eligible for bereavement leave. Decisions about the time an employee takes for Bereavement leave will be made at the discretion of the Employee’s supervisor and/or Head of School.
Family Medical Leave In accordance with the Employment Standards Act, 2000 (ESA) an employee can take unpaid family medical leave of up to twenty-eight (28) weeks in a 52-week period. An employee must inform the employer in writing that they will be taking a family medical leave of absence. The leave is available to provide care or support to certain family members and people who consider the employee to be like a family member in respect of whom a qualified health practitioner has issued a certificate indicating that they have a serious medical condition with a significant risk of death occurring within a period of 26 weeks. 34