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.

The specified family members for whom a family medical leave may be taken are:

● the employee's spouse (including same-sex spouse) ● a parent, step-parent or foster parent of the employee or the employee's spouse ● a child, step-child or foster child of the employee or the employee's spouse ● a brother, step-brother, sister, or step-sister of the employee ● a grandparent or step-grandparent of the employee or of the employee's spouse ● a grandchild or step-grandchild of the employee or of the employee's spouse ● a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee ● a son-in-law or daughter-in-law of the employee or of the employee's spouse ● an uncle or aunt of the employee or of the employee's spouse ● a nephew or niece of the employee or of the employee's spouse ● the spouse of the employee's grandchild, uncle, aunt, nephew or niece ● family medical leave may also be taken for a person who considers the employee to be like a family member. Employees wishing to take a family medical leave for a person in this category must provide their employer, if requested, with a completed copy of the compassionate care benefits attestation form, available from Employment and Social Development Canada, whether or not they are making an application for EI Compassionate Care Benefits or are required to complete the form to obtain such benefits.

The specified family members do not have to live in Ontario in order for the employee to be eligible for family medical leave. The 28 weeks of a family medical leave do not have to be taken consecutively; however, part of a week is counted as a one (1) full week of leave. An employee may be entitled to more than one leave for the same event. Each leave is separate and the right to each leave is independent of any right an employee may have to the other leave(s).

Family Responsibility Leave

The minimum standard under ESA for all employers is to provide unpaid job-protected time off work for up to 3 days per calendar year. This leave may be taken for the death, illness, injury, medical emergency or urgent matter relating to: ● The employee’s spouse ● a parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step grand-child of the employee or their spouse ● The spouse of the employee’s child ● The employee’s brother or sister ● A relative who is dependent on the employee for care or assistance.

Family Caregiver Leave

An employee shall be allowed to take an unpaid leave of up to eight (8) weeks to provide care or support to a family member with a serious medical condition. A part-week taken as such leave will be deemed as being a full week of leave. The physician caring for the family member must issue a certificate stating that the individual has a serious medical condition. For the purpose of this leave, a family member shall include a spouse, child, child of a spouse, parent, or parent of a spouse, or any other individual prescribed in section 49.3(5) of the Employment Standards Act, 2000.

Critical Illness Leave

Employees employed with TMS for at least six consecutive months are entitled to an unpaid, job-protected leave of up to 37 weeks in a 52-week period to provide care or support to a critically ill child (under 18 years of age), or a leave of up to 17 weeks in a 52-week period to care for certain adult family members prescribed in section 49.4(1) of the Employment Standards Act, 2000. TMS will require employees to provide a certificate stating the child or adult family member is critically ill and requires care or support from one or more parents or family members, and that sets out the period during which the child or adult family member will require care or support. If the certificate sets out a period of less than the employee’s maximum leave entitlement under the Employment Standards Act, 2000, the employee will only be entitled to take leave for the amount of time specified in the certificate.

Domestic or Sexual Violence Leave

Employees who have been employed with TMS for at least 13 consecutive weeks are entitled to both 10 days’ and 15 weeks’ domestic or sexual violence leave in relation to reasons enumerated under 49.7(2) of the Employment Standards Act, 2000. An employee who has committed the domestic or sexual violence giving rise to the need for such leave will have no entitlement to this leave.

Employees are required to inform the School as soon as possible before or after having taken domestic or sexual violence leave. If the employee plans to take this leave for longer than 10 days, the employee must inform the School of their intention in writing as soon as possible after commencing leave. The School may deem the employee as having taken a full day or week of leave in accordance with the Employment Standards Act, 2000. The School may request evidence that is reasonable in the circumstances to support an employee’s entitlement to this leave, and will ensure the confidentiality of such information and records connected with this leave in accordance with the Employment Standards Act, 2000.

Crime-related Child Death or Disappearance Leave

Employees are entitled to leaves of up to 104 weeks in the case of the disappearance or death of a child that is a result of a crime. The employee must have been employed by TMS for a minimum of 6 months.

Child Death Leave

Employees are entitled to up to 104 weeks of unpaid leave if a child of the employee dies for any reason if the employee has been employed for at least 6 consecutive months.

Organ Donor Leave

Organ donor leave is unpaid, job-protected leave of up to 13 weeks, for the purpose of undergoing surgery to donate all or part of certain organs to a person. In some cases, organ donor leave can be extended for up to an additional 13 weeks. An employee is entitled to organ donor leave whether they are a full-time, part-time, permanent, or term contract employee. To qualify for organ donor leave, the employee must: ● Be covered by the ESA; ● Have been employed by their employer for at least 13 weeks; ● Undergo surgery to donate all or part of one of the following organs to another person: o Kidney, Liver, Lung, Pancreas, Small bowel

Pregnancy and Parental Leave

Pregnancy Leave

A pregnant employee shall be eligible for a pregnancy leave if her start date with TMS is at least thirteen (13) weeks prior to the expected birth date. A pregnancy and parental leave of absence, without pay, shall be granted to employees in accordance with the Employment Standards Act, 2000 (ESA).

Employees shall be entitled to seventeen (17) weeks of unpaid pregnancy leave, AND up to sixty-one (61) weeks of unpaid parental leave, which must begin immediately following the end of the pregnancy leave in most cases. Pregnancy leave shall begin no earlier than seventeen (17) weeks before the expected birth date. The employee shall provide written notice of her intent to take such leave as soon as possible and in any event no later than a minimum of two (2) weeks prior to the pregnancy leave, in order to facilitate planning. Employees must provide a medical certificate stating the expected date of birth to Human Resources a minimum of two (2) weeks prior to the beginning of the leave.

Paid Parental Leave for Partners

An employee shall be granted up to two (2) paid days off to assist the family immediately before, during or immediately after the birth of a child by the employees’ partner or adoption of a child. These full days must be taken within 2 school working days immediately before or after the birth of the child or adoption of a child.

New Parents (other than Birth Mothers) and Adoptive Parents

New Parents (other than Birth Mothers who are addressed within the above section) and adoptive parents, shall be eligible for sixty-three (63) weeks of unpaid parental leave, under the following conditions: i. Start dates with TMS shall be at least thirteen (13) weeks prior to the birth, or obtaining custody of the child ii. The employee shall provide written notice as soon as possible and in no event less than two (2) weeks prior to the leave, in order for the necessary service arrangements to be made iii. The parental leave shall begin no later than seventy-eight (78) weeks after the day the child is born, or comes into custody iv. Employees shall provide a medical certificate, stating the expected, or actual, date of birth, or other supporting documentation acceptable to the employer a minimum of two (2) weeks prior to the date of the leave