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TRANSCRIPT
City of Hamilton Guide to Employee Leaves of Absence
Human Resources City of Hamilton
Updated February 2018
CONTENTS
Navigating the Guide ............................................................................................................................ 4
Guiding Principles ................................................................................................................................. 5
Employee Responsibilities .................................................................................................................... 6
Leader Responsibilities ......................................................................................................................... 7
Types of Leaves of Absences ............................................................................................................... 8
Legislative Leaves ................................................................................................................................ 9
Pregnancy Leave ......................................................................................................................... 10
Parental Leave ............................................................................................................................. 11
Family Medical Leave ................................................................................................................... 12
Organ Donor Leave ...................................................................................................................... 14
Family Caregiver Leave ................................................................................................................ 15
Critical Illness Leave (Minor Child) ............................................................................................... 16
Critical Illness Leave (Adult) ......................................................................................................... 18
Child Death Leave ........................................................................................................................ 20
Crime-Related Child Disappearance Leave ................................................................................. 21
Domestic or Sexual Violence Leave ............................................................................................. 22
Sick Leave .................................................................................................................................... 24
Family Responsibility Leave ......................................................................................................... 25
Bereavement Leave ..................................................................................................................... 27
Declared Emergency Leave ......................................................................................................... 28
Jury Duty Leave (Juries Act, 1990) .............................................................................................. 29
Leave to Run for Municipal Elections (Municipal Elections Act, 1996) ......................................... 30
Leaves Under City of Hamilton Policies and Procedures (Discretionary) ............................................ 31
Personal Time .............................................................................................................................. 32
Bereavement Leave ..................................................................................................................... 33
Accommodation for Religious Observation ................................................................................... 34
Unpaid Leave of Absence (Non-Union Employees) ..................................................................... 35
Holiday Closure ............................................................................................................................ 36
O Days – Doctor Appointment ...................................................................................................... 37
Vacation Entitlement..................................................................................................................... 38
Requesting a Leave of Absence ......................................................................................................... 39
Notes .................................................................................................................................................. 40
OMERS Broken Service: ................................................................................................................. 40
Still have Questions? .......................................................................................................................... 41
NAVIGATING THE GUIDE
Beyond paid vacation and banked lieu time, there are a number of unpaid leaves available that
allow employees to take time away from the workplace to address emergency situations or to deal
with personal responsibilities and obligations. Many of these leaves are provided through Provincial
Legislation such as the Employment Standards Act and the Juries Act, whereas other leaves are
provided through the City’s internal Human Resources policies and/or collective agreements.
It can be confusing to navigate the various leaves as they have each have distinct eligibility criteria
and rules, can often be combined, and occasionally do not match with federal employment insurance
legislation. In order to provide clarity, Human Resources has developed this Manager’s guide to
outline the requirements, terms and conditions of the various leaves, as well as to detail the roles and
responsibilities of employees and managers in requesting and approving a leave of absence.
In this document, you will find:
1. Guiding Principles to follow when considering leaves of absence
2. An overview of responsibilities for direct supervisors and employees requesting leave
3. Information that outlines the criteria and terms and conditions of each type of leave of
absence available under the Employment Standards Act, the Juries Act, the Municipal
Elections Act, and internal City of Hamilton Policies.
GUIDING PRINCIPLES
1. The City is fully compliant with all provincial and federal employment related legislation.
2. Employees are entitled to access various types of leaves under legislation such as the
Employment Standards Act, the Juries Act, and within the Municipal Elections Act
3. If employees meet eligibility criteria for a legislated leave, the City has an obligation to provide
the leave. Once the leave ends, the employee must be returned to their job or to a
comparable position if their original position has been made redundant.
4. Where some of the leaves under City of Hamilton policies are discretionary, reasonable
consideration will be made to all leave requests made by employees
5. Leaves of absence will be administered fairly in a manner which complies with legislation and
supports employee wellness while considering the operational requirements of the City.
6. Where applicable, the governing collective agreement addressing Leaves of Absence for
unionized employees will prevail.
7. Where required by legislation, policy or collective agreement, employees will be asked to
provide reasonable proof as to their eligibility to the entitled leave.
EMPLOYEE RESPONSIBILITIES As a City of Hamilton employee, your responsibilities for the leave of absence process are as
followed:
1. Obtaining pre-approval from your manager or supervisor where possible. The exception to this
is in the event of an emergency which may require immediate unpaid leave. Employees are
expected to contact their direct supervisor as soon as possible in the event of an emergency.
2. Be knowledgeable about the individual policies, applicable collective agreement, legislation,
processes, timelines and requirements for application for a leave of absence. Information can
be gained through an Employee’s Manager, their Union, Human Resources, or within
applicable legislation.
3. Seek information and become aware of the impact that an unpaid leave of absence has on
OMERS contributions, pro-rating of vacation, continuation of benefits coverage, etc. that might
arise when taking an unpaid leave.
4. Demonstrate good faith in adhering to the terms and conditions for a leave of absence. Failure
to do so may result in a denial of the leave or disciplinary action.
LEADER RESPONSIBILITIES As a leader at the City of Hamilton, your responsibilities for the leave of absence process are as
followed:
1. Be knowledgeable of the various leaves of absence available to employees through internal
City of Hamilton Policies, Collective Agreements and Provincial Legislation
2. Provide Employees with information regarding leaves as requested, or direct them to
appropriate persons within Human Resources Records Management to consult with
3. Ensure that Employees’ requests for Leaves of Absence meet the criteria established within
the various policies, procedures or legislation
4. Approve requests, and obtain documentation to support Leave of Absence requests where
required
5. Communicate with Human Resources to ensure that proper paperwork is filled out and that
absences are recorded appropriately
TYPES OF LEAVES OF ABSENCES Legislative Leaves
Employees are legally entitled to a number of leaves of absence through the Employment Standards
Act, 2000 (ESA), the Juries Act, 1990, and in the Municipal Elections Act, 1996. The employer cannot
deny these leaves unless the employee has exhausted maximum leave time or has demonstrated
that they are not eligible for the leave being claimed.
If employees are eligible for the leaves under these acts, employers have an obligation to provide the
leave. Any employee who exercises their right to take any legislated leave of absence shall not be
subject to any reprisal.
Legislated Leaves Include (but are not limited to):
Employment Standards Act, 2000
• Pregnancy Leave • Critical Illness Leave (Child and Adult)
• Parental Leave • Crime-Related Child Disappearance Leave
• Family Medical Leave • Child Death Leave
• Organ Donor Leave • Domestic or Sexual Violence Leave
• Family Caregiver Leave • Reservist Leave
• Sick Leave
• Family Responsibility Leave
• Declared Emergency Leave
• Bereavement Leave
Juries Act, 1990
• Jury Duty Leave
Municipal Elections Act, 1996
• Leave to Run for Municipal Election (municipal employees only)
Leaves under City of Hamilton Policies and Procedures (Discretionary)
The City of Hamilton has a number of policies that provide employees with the opportunity to take
leaves of absence beyond those that are legislated. These policies have been developed by the City
for a number of reasons:
1. To account for those circumstances not covered in the above noted legislation.
2. To provide greater benefit beyond what is found within legislated leaves;
3. To allow employees to achieve greater work-life harmony e.g. to provide employees with an
opportunity to attend to personal or family issues or responsibilities.
LEGISLATIVE LEAVES
PREGNANCY LEAVE Maximum Length of Leave: Seventeen (17) weeks; or twelve (12) weeks for stillbirth/miscarriage
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton, however employees can
receive 6 weeks of Short Term Disability benefits paid by the City immediately following the delivery.
Eligibility Criteria:
• Available only to the birth parent
• Must be employed minimum of thirteen (13) weeks
• Available to all employees of the City of Hamilton
• Where an employee has a stillbirth or miscarriage within the seventeen (17)- week period
preceding their due date, the employee is entitled to a pregnancy leave that ends on the date
that is the later of:
o Seventeen (17) weeks after the leave began; or
o Twelve (12) weeks after the stillbirth or miscarriage.
Impact:
• Seniority:
o No impact – seniority accrues normally.
• Benefits:
o No Impact - all employer paid benefit coverage continues. Employee paid coverage
(i.e. Optional life insurance) must be purchased by post-dated cheque in order for
coverage to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Leave must be requested with a minimum of two weeks notice before the start
of the leave; medical or legal certificate confirming birth, custody, care and/or control.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), Non-Union Pregnancy & Parental
Leave Policy (link) or the Leave page on Canada.ca website (link). Please also review the
“Pregnancy & Parental Leave and You” document (link).
PARENTAL LEAVE Maximum Length of Leave: Sixty-one (61) weeks, or sixty-three (63) weeks if the employee did not
take pregnancy leave.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria:
• Available to the Parent of a Child
• Leave must commence within seventy-eight (78) weeks of the child’s birth or after the child first
comes into care, custody and control of the parent
• Employee must have been employed minimum of thirteen (13) weeks
• All employees of the City of Hamilton
Impact:
• Seniority:
o No impact – seniority accrues normally.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Leave must be requested with a minimum of two weeks’ notice prior to start of
leave; medical or legal certificate confirming birth, custody, care and/or control (if requested).
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), Non-Union Pregnancy & Parental
Leave Policy (link) or the Leave page on Canada.ca website (link). Please also review the
“Pregnancy & Parental Leave and You” document (link).
FAMILY MEDICAL LEAVE Maximum Length of Leave: Twenty-eight (28) weeks within a fifty-two (52) week period; If two
employees have requested leave to care for the same person, the total amount of leaves of all
employees shall not exceed twenty-eight (28) weeks in a fifty-two (52) week period.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria: Available to City of Hamilton Employees who are required to provide care or
support to one of the below listed persons, where that person has a serious medical condition with a
significant risk of death occurring within a period of twenty-six (26) weeks or less.
• Employee’s Spouse
• A parent, step-parent, or foster parent of the employee or employee’s spouse
• A child, step-child or foster child of the employee or the employee’s spouse
• A child who is under legal guardianship of the employee or the employee’s spouse
• A brother, step-brother, sister or step-sister of the employee
• A grandparent, step-grandparent, grandchild or step-grandchild of the employee or 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 the employee’s spouse
• An uncle or aunt of the employee or the employee’s spouse
• A nephew or niece of the employee or the employee’s spouse
• The spouse of the employee’s grandchild, uncle, aunt, nephew or niece
• A person who considers the employee to be like a family member
Impact:
• Seniority:
o No Affect – accrues normally
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: A written request must be submitted to manager or supervisor stating
proposed begin and end date of leave; a certificate issued by a qualified health practitioner must be
provided.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link) or the Family Medical Leave page on
Ontario.ca website (link).
ORGAN DONOR LEAVE Maximum Length of Leave: Maximum of thirteen (13) weeks, beginning on the date of the surgery
unless specified in a certificate issued by a legally qualified medical practitioner. Where medically
supported, the leave may be extended up to another thirteen (13) weeks.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria: Employee must have been employed with the City of Hamilton for at least thirteen
(13) weeks prior to the leave. Undergoes surgery to donate all or part of one of the following organs
to another person:
• Kidney
• Liver
• Lung
• Pancreas
• Small bowel
Impact:
• Seniority:
o No Affect – accrues normally.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: A written notice must be provided to the employer when possible. In situations
where two weeks’ notice is not possible, the employee should provide written notice as soon as
possible. Employees must provide a note from a qualified medical practitioner that confirms surgery
and indicates dates of leave
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link) or the Organ Donor Leave page on
Ontario.ca website (link).
FAMILY CAREGIVER LEAVE Definition: The Family Caregiver Leave allows employees, who must provide care or support to a
family member with a serious chronic or episodic medical condition, with the ability to take up to eight
weeks of unpaid leave.
Maximum Length of Leave: Eight weeks each calendar year in the case of each qualifying family
member; weeks do not have to be consecutive; partial weeks are counted as a full week.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria: Employees must have a qualified health practitioner issued certificate stating that
the family member in question has a serious medical condition. Family Members Include the
following:
• The employee’s 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 grandparent, step-grandparent, grandchild or step-grandchild of the employee or the
employee’s spouse
• The employee’s brother or sister
• Any relative of the employee is dependent on the employee for care or assistance
Impact:
• Seniority:
o No Affect – accrues normally.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Employees must advise the employer in writing before or as soon as possible
after beginning the leave. The employee must provide a copy of a certificate from a health practitioner
stating that the person in question has a serious medical condition.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), or the Family Caregiver Leave page on
Ontario.ca website (link).
CRITICAL ILLNESS LEAVE (MINOR CHILD) Definition: This leave will provide leave to care or support for a critically ill minor child who is a family
member of the employee. Under the Ontario Employment Standards Act, critically ill means that an
individual’s baseline state of health has significantly changed, and their life is at risk as a result of an
illness or injury.
Maximum Length of Leave: Thirty-seven (37) weeks in a fifty-two (52) week period. The length of
leave required must be specified in the medical certificate; if the certificate sets out a period of less
than thirty-seven (37) weeks, the employee is only entitled to the leave indicated. The leave ends at
the last date specified in the certificate, or at the end of the week in which a death occurs.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria:
• All employees of the City of Hamilton
• Must have been employed by the City for at least six consecutive months
• Is required to provide care or support to a critically ill minor child who is a family member of an
employee
• Employees must have a qualified health practitioner issued certificate stating that the family
member in question has a serious medical condition. Family members can include:
o A child, step-child or foster child of the employee or the employee’s spouse
o A child who is under legal guardianship of the employee or the employee’s spouse
o A brother, step-brother, sister or step-sister of the employee
o A grandchild or step-grandchild of the employee or the employee’s spouse
o A brother-in-law, step-brother-in-law, sister-in-law, or step-sister-in-law of the employee
o A son-in-law or daughter-in-law of the employee or the employee’s spouse
o An uncle or aunt of the employee or the employee’s spouse
o A nephew or niece of the employee or the employee’s spouse
o The spouse of the employee’s grandchild, uncle, aunt, nephew or niece
o A person who considers the employee to be like a family member
Impact:
• Seniority:
o No Affect – accrues normally.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: An employee is required to advise the employer in writing before or as soon
as possible after beginning the leave. The employee must indicate the start and end date of the
leave. The employee is also required to submit a certificate from a qualified health practitioner that
states that the child is critically ill and in need of care. Additionally, the certificate must set out the time
period of the care needed.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), or the Critical Illness Leave (Minor
Child) page on Ontario.ca website (link).
CRITICAL ILLNESS LEAVE (ADULT) Definition: The Critical Illness leave allows an employee to take an absence without pay to provide
care or support to a critically ill adult family member. Under the Ontario Employment Standards Act,
critically ill means that an individual’s baseline state of health has significantly changed, and their life
is at risk as a result of an illness or injury.
Maximum Length of Leave: Seventeen (17) weeks in a fifty-two (52) week period. The length of
leave required must be specified in the medical certificate; if the certificate sets out a period of less
than seventeen (17) weeks, the employee is only entitled to the leave indicated. The leave ends at
the last date specified in the certificate, or at the end of the week in which a death occurs.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria:
• All employees of the City of Hamilton
• Employee must have been employed by the City for at least six consecutive months
• Employee is required to provide care or support to a critically ill adult family member. Family
can include:
o Employee’s Spouse
o A parent, step-parent, or foster parent of the employee or employee’s spouse
o A child, step-child or foster child of the employee or the employee’s spouse
o A child who is under legal guardianship of the employee or the employee’s spouse
o A brother, step-brother, sister or step-sister of the employee
o A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the
employee’s spouse
o A brother-in-law, step-brother-in-law, sister-in-law, or step-sister-in-law of the employee
o A son-in-law or daughter-in-law of the employee or the employee’s spouse
o An uncle or aunt of the employee or the employee’s spouse
o A nephew or niece of the employee or the employee’s spouse
o The spouse of the employee’s grandchild, uncle, aunt, nephew or niece
o A person who considers the employee to be like a family member
Impact:
• Seniority:
o No impact on seniority.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: An employee is required to advise the employer in writing before or as soon
as possible after beginning the leave. The employee must indicate the start and end date of the
leave. The employee is also required to submit a certificate from a qualified health practitioner that
states that the child is critically ill and in need of care. Additionally, the certificate must set out the time
period of the care needed.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), or the Leave page on Canada.ca
website (link).
CHILD DEATH LEAVE Definition: Allows an employee to take a leave upon the death of an employee’s child or a child who
is under the legal guardianship of an employee.
Maximum Length of Leave: One-hundred and four (104) weeks.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria: An employee must have been employed with the City for at least six consecutive
months.
Impact:
• Seniority:
o No affect – accrues normally
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: An employee must inform the employer in writing and provide a written plan
that indicates the weeks in which the employee will take the leaves.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), or the Child Death Leave page on
Ontario.ca website (link).
CRIME-RELATED CHILD DISAPPEARANCE
LEAVE Definition: Allows an employee to take a leave of absence if an employee’s child, or a child who is
under the legal guardianship of an employee disappears and it is probable that the child disappeared
as a result of a crime.
Maximum Length of Leave: One-hundred and four (104) weeks. If during the leave, circumstances
change such that it is not probable that the child died or disappeared as a result of crime, the leave
ends on the day on which it no longer seems probable. If during the one-hundred and four (104)
weeks leave the child is found alive, the employee may take fourteen (14) additional leave days after
the day that the child was found. If the child is found dead, the leave ends at the end of the week in
which the child is found. The employee may then be eligible for child death leave.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria:
• Must have been employed by the City for at least six consecutive months prior to the leave
• Entitled to take a leave if their child or a child that they have legal guardianship over,
disappears as a result of a crime
• If the employee is charged with the crime, or if it is probable that they were a party to the
crime, they are not entitled to the leave
Impact:
• Seniority:
o No Affect – accrues normally.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: An employee must inform the employer in writing and provide a written plan
that indicates the weeks in which the employee will take the leaves.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), or the Crime-Related Child
Disappearance Leave page on Ontario.ca website (link).
DOMESTIC OR SEXUAL VIOLENCE LEAVE Definition: The Domestic or Sexual Violence Leave will provide a to a leave of absence when an
employee, or the employee’s child, is the victim of domestic or sexual violence or experiences the
threat of sexual or domestic violence.
Maximum Length of Leave: Ten (10) days and/or fifteen (15) weeks.
Paid/Unpaid by the City of Hamilton: First five (5) days is paid by the City, remainder of leave is
unpaid.
Eligibility Criteria:
• Employee must have been employed at the City for at least thirteen (13) consecutive weeks
• Employee, or child of the employee experiences domestic or sexual violence, or threat of
domestic or sexual violence
• A child is defined in the Employment Standards Act as a child, step-child, foster child or child
who is under the employee’s legal guardianship, and who is under eighteen (18) years of age
• A leave of absence is taken for the following reasons:
o To seek medical attention
o To obtain services from a victim services organization
o To obtain psychological or other professional counselling
o To seek legal or law enforcement assistance, including preparing for or participating in
any civil or criminal legal proceedings
o To move temporarily or permanently
o Such other purposes as may be prescribed
Impact:
• Seniority:
o No impact – accrues normally.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Employees can request leave through their supervisor or directly through
Human Resources. Requests are to be kept confidential and leave processing must occur through
Human Resources only.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), or the Domestic or Sexual Violence
Leave page on Ontario.ca website (link).
SICK LEAVE Maximum Length of Leave: Three days per calendar year, taken as full days.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton
Eligibility Criteria: Employees who have been employed at the City of Hamilton for at least two
consecutive weeks.
Impact:
• Seniority:
o No Affect – accrues normally.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Employees must notify their manager/supervisor before the leave is taken or
as soon as possible. An employer may require an employee to provide reasonable evidence to
support the emergency leave of absence.
FAMILY RESPONSIBILITY LEAVE Maximum Length of Leave: Three (3) days per calendar year, taken as full days.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria:
• Employees who have been employed at the City of Hamilton for at least two consecutive
weeks.
• Family Responsibility Leave can be taken for the following purposes:
o The illness, injury or medical emergency of a family member, or
o An urgent matter that concerns an family member
o Eligible Family Members Include:
▪ The employee’s 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 grandparent, step-grandparent, grandchild or step-grandchild of the employee
or of the employee’s spouse.
▪ The spouse of a child of the employee.
▪ The employee’s brother or sister.
▪ A relative of the employee who is dependent on the employee for care or
assistance
Impact:
• Seniority:
o No Affect – accrues normally.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Employees must notify their manager/ supervisor before the leave is taken or
as soon as possible. An employer may require an employee to provide reasonable evidence to
support the emergency leave of absence.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), or the Family Responsibility Leave
page on Ontario.ca website (link).
BEREAVEMENT LEAVE Maximum Length of Leave: Two (2) leave days per calendar year
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria:
• Employees who have been employed at the City for at least two consecutive weeks
• Eligible Family Members Include:
o The employee’s spouse.
o A parent, step-parent or foster parent of the employee or the employee’s spouse.
o A child, step-child or foster child of the employee or the employee’s spouse.
o A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of
the employee’s spouse.
o The spouse of a child of the employee.
o The employee’s brother or sister.
o A relative of the employee who is dependent on the employee for care or assistance
Impact:
• Seniority:
o No Affect – accrues normally.
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Employees must notify their manager/ supervisor before the leave is taken or
as soon as possible. An employer may require an employee to provide reasonable evidence to
support the emergency leave of absence.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review the Bereavement Leave page on Ontario.ca website (link).
DECLARED EMERGENCY LEAVE Maximum Length of Leave: For the duration of an emergency declared under section 7.0.1 of the
Emergency Management and Civil Protection Act.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria:
• Some employees identified under the Emergency Management and Civil Protection Act may
be entitled to an unpaid leave in the event that there is a Declared Emergency. Employees
may be identified:
a) because of an order that applies to him or her made under section 7.0.2 of the
Emergency Management and Civil Protection Act;
b) because of an order that applies to him or her made under the Health Protection and
Promotion Act;
c) because he or she is needed to provide care or assistance to an individual as defined in
the ESA (parent, child, grandparent, spouse, dependent)
d) because of such other reasons as may be prescribed under the Act
Impact:
• Seniority:
o No Affect – accrues normally
• Benefits:
o No Affect- all employer paid benefit coverage continues. Employee paid coverage (i.e.
Optional life insurance) must be purchased by post-dated cheque in order for coverage
to continue.
• OMERS:
o Broken service purchase cost shared with employer.
o Broken service purchased at employee’s option.
• Vacation:
o No Affect- employee entitled to full paid vacation.
Leave Requirements: Employees must advise their Supervisor before starting leave or as soon as
possible. The employer may request reasonable evidence to show that the employee is entitled to the
leave.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review Article 7.0.1 of the Emergency Management and Civil Protection Act (link).
JURY DUTY LEAVE (JURIES ACT, 1990) Definition: Specified as an unpaid leave in the Juries Act, the City of Hamilton provides coverage as
specified in the Jury Duty/Witness Duty Policy for Non-Union Staff, or within Collective Agreements
for Union Staff.
Maximum Length of Leave: For the duration of the Trial.
Paid/Unpaid by the City of Hamilton:
• Non-Union Employees: Paid – the City pays the employee their regular rate for their regularly
scheduled hours. The stipend from the Province for jury duty service, minus fees incurred,
must be turned into the City
• Unionized Employees: Paid, details should be reviewed in appropriate collective agreements.
Eligibility Criteria: Any City Employee who is required by law to serve as a juror or a witness in a
trial.
Impact:
• Seniority:
o No Affect – accrues normally.
• Benefits:
o No Affect- all benefit coverage continues.
• OMERS:
o No affect due to this being a paid leave and normal contributions apply.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Employees must request leave from their managers as soon as possible
before beginning leave. Proof of summons must be provided if requested.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), Jury Duty Policy (link) or the Juries Act
1990 (link).
LEAVE TO RUN FOR MUNICIPAL
ELECTIONS (MUNICIPAL ELECTIONS ACT, 1996) Maximum Length of Leave: The leave of absence must start on the day of nomination and ending
on voting day. If the employee is elected, they are deemed to have resigned from their position.
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria: A Municipal Employee who is seeking election within a Municipal Election is
required to take a leave of absence for the election period.
Impact:
• Seniority:
o No Affect – accrues normally.
• Benefits:
o If leave is under 30 days, all benefits continue.
o Beyond 30 days, employees have the option of purchasing all benefits coverage (with
the exception of LTD) by post-dated cheque.
• OMERS:
o Broken service purchase cost fully paid by employee.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Employees must provide written notice to the employer of their intentions to
take a leave as soon as possible.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link), or the Municipal Elections Act 1996
page (link).
LEAVES UNDER CITY OF HAMILTON
POLICIES AND PROCEDURES
(DISCRETIONARY)
PERSONAL TIME Maximum Length of Leave: Five (5) days maximum per year; days must be repaid through working
outside of normal business hours and/or taking half-hour lunches.
Paid/Unpaid by the City of Hamilton: Paid, but time must be made up.
Eligibility Criteria:
• Must be operationally feasible.
• Available to permanent full-time employees who have passed their probation period.
Impact:
• Seniority:
o No Affect- accrues normally.
• Benefits:
o No Affect – all benefit coverage continues.
• OMERS:
o No affect due to this being a paid leave (time made up) and normal contributions apply.
• Vacation:
o No affect – employees entitled to full paid vacation.
Leave Requirements: Personal time is arranged between an employee and their leader.
For more information about this type of leave, please review the “Flexible Work Arrangements Policy”
(link).
BEREAVEMENT LEAVE Maximum Length of Leave: Three (3) to five (5) days dependent on the employee’s relationship with
the deceased.
Paid/Unpaid by the City of Hamilton: Paid by the City of Hamilton.
Eligibility Criteria:
• Non-Union employees must meet eligibility under the Bereavement Leave Policy
• Applies to permanent non-union employees
• Unionized employees are covered under their collective agreement
Impact:
• Seniority:
o No Affect- accrues normally.
• Benefits:
o No Affect – all benefit coverage continues.
• OMERS:
o No affect due to this being a paid leave and normal contributions apply.
• Vacation:
o No affect employee entitled to full paid vacation.
Leave Requirements: Contact immediate supervisor as soon as possible to advise of need for
bereavement leave; employer may request supporting documentation.
For more information about this leave of absence and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link) or the Bereavement Leave Policy (link).
ACCOMMODATION FOR RELIGIOUS
OBSERVATION Maximum Length of Leave: None specified; dependent on the religious accommodation needed.
Accommodation may not always be taken in the form of an unpaid leave; there are a number of
measures that can be used to accommodate, including:
• Scheduling changes
• Compensatory time
• Flexible work arrangements
• Vacation, subject to employee agreement in writing
Paid/Unpaid by the City of Hamilton: Unpaid, but can be paid through compensatory time, vacation
by the City of Hamilton.
Eligibility Criteria: All City of Hamilton Employees are eligible for this leave (including full and part
time permanent, contract, temporary and probationary employees, students, interns, volunteers, and
applicants for employment).
Impact:
• Seniority:
o No Affect- accrues normally.
• Benefits:
o No Affect – benefit coverage continues.
• OMERS:
o No affect when taken as a paid leave and normal contributions apply.
o Broken service purchase cost fully paid by employee if nonpaid.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation
Leave Requirements: The employee must make a request for accommodation in writing to his or her
supervisor or manager, as designated in the workplace. The request must:
• Identify the religious observance for which the accommodation is needed;
• Identify the nature of the accommodation required
For more information about this type of leave and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link) or the Flexible Work Arrangement
Policy (link).
UNPAID LEAVE OF ABSENCE (NON-UNION
EMPLOYEES) Definition: This leave pertains to Non-Unionized employees, for Union Employees, refer to your
applicable Collective Agreement (link).
Maximum Length of Leave: Up to One Year; Employees who wish to extend another leave with
unpaid leave of absence may be able to do so if approved by the General Manager. The extension
may not result in a total leave greater than eighteen (18) months, must not create costs for the City,
must be operationally feasible, and must follow collective agreement guidelines
Paid/Unpaid by the City of Hamilton: Unpaid by the City of Hamilton.
Eligibility Criteria: Full and Part Time Permanent Employees and Full-Time Temporary Employees
who have passed the probation period. Employees must use up vacation and lieu time prior to
commencing the leave.
Impact:
• Benefits:
o If leave is under thirty (30) days, benefits continue.
o Beyond thirty (30) days, employees are responsible for the cost of the benefit
premium(s).
• OMERS:
o Broken service purchase cost fully paid by employee.
o Broken service purchased at employee’s option.
• Vacation:
o Yes – vacation will be adjusted according to time taken.
Leave Requirements: An employee must submit a written request for time off at least six (6) weeks
in advance (for periods of two months or less); or six (6) months in advance for periods of two (2)
months or longer. The request must indicate:
• Start date for the leave
• Specific date of return to work
• Reason for the leave (at a high level)
For more information about this type of leave, please review the “Non-Union Unpaid Leave of
Absence Policy” (link).
HOLIDAY CLOSURE Maximum Length of Leave: Three (3) days over December holiday period.
Paid/Unpaid by the City of Hamilton: Unpaid unless vacation days are used.
Eligibility Criteria: All non-essential employees must use vacation days or take unpaid time to cover
the holiday closure.
Impact:
• Seniority:
o No Affect- accrues normally.
• Benefits:
o No affect – all benefit coverage continues.
• OMERS:
o Broken service purchase cost fully paid by employee if nonpaid.
o Broken service purchased at employee’s option.
• Vacation:
o No affect – employee entitled to full paid vacation.
Leave Requirements: Mandatory; Employees must indicate whether they choose to use unpaid days
or vacation days.
For information regarding your essential or non-essential status, connect with your direct supervisor.
O DAYS – DOCTOR APPOINTMENT Maximum Length of Leave: Two (2) half (1/2) days per year.
Paid/Unpaid by the City of Hamilton: Paid by the City of Hamilton.
Eligibility Criteria: All employees.
Impact:
• Seniority:
o No affect- accrues normally.
• Benefits:
o No affect – all benefit coverage continues.
• OMERS:
o No affect.
Leave Requirements: Request leave directly from Supervisor.
VACATION ENTITLEMENT Maximum Length of Leave: Varies depending on tenure at the City of Hamilton, entitlements are
specified in Collective Agreements (LINK) or in the Non-Union Vacation entitlement policy (LINK).
Paid/Unpaid by the City of Hamilton: Paid by the City of Hamilton.
Eligibility Criteria:
• Permanent employees at the City of Hamilton.
• Temporary employees may have vacation entitlements included within their employment
contracts.
Impact:
• Seniority:
o No affect- accrues normally.
• Benefits:
o No affect – all benefit coverage continues.
• OMERS:
o No affect.
Leave Requirements: Submit vacation request to supervisor, as per the departmental standards.
For more information about this type of leave and how it relates to you as a City of Hamilton
employee, review your applicable Collective Agreement (link) or the Non-Union Vacation Entitlement
Policy (link).
REQUESTING A LEAVE OF ABSENCE
Once you have reviewed the guidelines, all employees must submit their request for a leave of
absence to their leader. If your requested leave extends thirty (30) days or more, you must complete
a Leave of Absence Request form (link) and provide the completed copy to your Leader for approval.
If your leave is less than thirty (30) days, a form isn’t required, however you must still request
approval through your leader. Once approved, your Leader will notify Human Resources that your
leave has been approved, and Human Resources will process your leave of absence in system.
NOTES
OMERS Broken Service:
OMERS broken service contributions are calculated at two times the rate the member would normally
pay for a similar length of paid service. The employee then either pays the full cost of this calculation
or the cost is shared equally between the employee and the employer depending on the type of leave
purchased. Examples of leaves requiring the full cost to be paid by the employee are authorized
leaves and legal strikes or lockouts. Examples of shared cost leaves are maternity / parental leaves,
personal emergency leaves, family medical leaves, family caregiver leaves and other statutory
leaves, the employee’s pension contributions are matched by the employer. Note: Purchase of
nonpaid leaves is optional.
Service related to statutory leaves (even when not purchased) is considered “eligible service” for
purposes of determining when the member first becomes eligible for OMERS unreduced early
retirement.
STILL HAVE QUESTIONS?
• For questions relating to your seniority or vacation connect with HR Records.
• For questions relating to your health benefits (Extended Health Care, Dental, Life Insurance,
Accidental Death and Dismemberment, or Optional Life) at [email protected].
• For questions relating to your pension connect with Pensions in Finance/Payroll.
• For questions relating to your Record of Employment, your pay or top-up connect with
Finance/Payroll.
• For questions relating to your sick time connect with [email protected].