Faculty Association - WUFA
Windsor University Faculty Association
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University of Windsor
401 Sunset Avenue
Windsor, ON Canada N9B 3P4
(519) 253-3000 ext. 0


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University of Windsor




Frequently Asked Questions about Pregnancy, Parental and Adoption Leaves

How long is pregnancy leave?
A few years ago the government lengthened the time that expectant mothers can be on pregnancy and parental leave. The time period is as follows: 17 weeks on pregnancy leave and 35 weeks on parental leave for a total of 52 weeks (1 year) leave.

Do I have to take the whole 52 weeks?
No. You can return any time with 4 weeks written notice to your head/dean.
You will be paid as follows:
17 weeks at 100% top-up of EI benefits to your nominal salary amount by the university for the pregnancy leave portion. If you are the parent who took pregnancy leave and are planning to take parental leave, you must take it immediately following pregnancy leave.
If someone has taken pregnancy leave and received 17 weeks at 100% top-up, they are entitled to an additional 9 weeks of parental leave at 100% top-up of EI benefits. In other words, the total amount of top-up for pregnancy and parental leave will not exceed 26 weeks.
If the parent taking the parental leave did not take pregnancy leave, he/she is entitled to 12 weeks of parental leave at 100% top-up to EI benefits.

I am up for promotion/tenure/renewal during my pregnancy leave. Will this affect my application?
You are entitled to your leave without penalty. Simply notify your head/dean of the length of absence and your promotion/tenure/renewal process will continue from the day you return to work. Consideration for Tenure can be delayed up to 1 year by putting notice in writing to the Provost.

Do I have to fill out any forms?
You have to notify your head/dean in writing two weeks before leaving on pregnancy leave and provide a medical certificate from a doctor indicating predicted date of birth. This information will be sent to Human Resources for their reference. Human resources will then contact you with information needed to secure the Employment Insurance benefits from the government.

I am supposed to go on sabbatical but can’t because of my due date. What should I do?
Advise your head/dean of this situation and you will be entitled to sabbatical when you return to work full time. The application processes outlined in the Collective Agreement for sabbatical study will still apply.

My partner is pregnant and I'd like to take parental leave once the baby arrives. What steps do I need to take?
On the occasion of the birth of a child, the other parent has two options: taking parental leave, or taking a 7-day leave with full salary and benefits.
Can my partner and I share the 35 weeks parental leave?
Yes. If both of you work at the University, you can both partake in parental leave under the terms in Article 21. If your partner is employed elsewhere, the two of you are eligible for parental leave at the same time but beware that there is a fixed amount of EI payment for your parental leave. You both can claim the EI payment until it is used up. At that time you can still take the rest of your eligible parental leave, but you will not receive any further EI payment. We suggest you contact Human Resources Canada for further information on this.

Are my medical and dental benefits covered while I’m on pregnancy/parental/adoption leave?
Yes.

Are my pension payments covered while I’m on pregnancy/parental/adoption leave?
No. A university employee going on leave can opt to pay their half of the pension contribution (6%) through postdated cheques and then the university will match the payments. Otherwise, no payments will be made by the University. Arrangements for this should be made through Human Resources.

My due date is halfway through the term, I hate leaving my department in the lurch for a replacement professor, should I offer to mark the exams or teach the odd night course after the baby is born to help them out?
This is the most common question we get at WUFA. Our professors are professional, responsible people and are often concerned about their sudden absence from the classroom or areas of research. But having a family is an important part of life, too. We encourage people to take their leave and enjoy every minute of it! The Collective Agreement allows for the hiring of Sessional Instructors to fill in vacancies and it is the department’s responsibility to worry about finding a replacement. No matter how much you worry about your students or want to help mark their exams, you won’t be paid a cent to do either. The University will manage without you for several months and this has been proven in the past!

I am a sessional instructor. Am I eligible for pregnancy leave? How many hours can I claim for EI benefits?
Article 57:05 reads as follows:
A sessional instructor who is pregnant, and who has been employed as a sessional instructor for at least one (1) semester in the academic year prior to her expected day of delivery, shall be entitled to take one (1) unpaid semester off teaching as pregnancy leave without loss of membership in the bargaining unit. In addition, if such member expects to deliver during the semester in which she is teaching, she shall be entitled to a pregnancy leave of five (5) weeks with full salary and all other rights, privileges and benefits, such leave to be taken within the six (6) weeks prior to, or following her expected date of delivery. However, a sessional instructor who is employed in a full-time capacity outside the bargaining unit shall be entitled to paid pregnancy leave with full salary for a period of two (2) weeks. The University agrees that it will not discriminate against any sessional instructor who elects to exercise this option.
We have heard from members who have been on pregnancy leave as sessional instructors that some pre-planning is needed to make a successful claim at the Employment Insurance (EI) office. EI will only count the number of contact hours shown on the letter of appointment. The most recent news we have heard is that the EI office will be looking for somewhere between 650 and 700 hours of work over the last 52 weeks in order to qualify for benefits. Hours from another job can be used to supplement the University’s hours. You must apply to the Employment Insurance office with an ROE (Record Of Employment available by request through Human Resources Ext: 2090). Employment Insurance may indicate that the worker doesn’t have enough hours, BUT, the next time the worker has a break in employment again (like an additional sessional course), her new ROE should be given to the Employment Insurance office with another application. Eventually (hopefully) she can get enough hours over 52 weeks to become eligible for benefits. EI, however, will only consider the last 20 weeks of pay to figure out how much the EI payment will be per week. Here is where a double course (like Intersession/Summer) comes in handy if you normally only teach one sessional course in fall and winter.

I am adopting a child. How much leave am I entitled to? If I have to travel to adopt the child, can that be considered part of the leave time?
Article 21 states the following about adoption leave:
21:12 On the occasion of the adoption of a child and the coming of the child into the member’s care, custody and control for the first time, a member, who is a parent and who is paid and employed by the University, is entitled to parental leave of thirty seven (37) weeks.

21:13 On the occasion of the adoption of a child coming into the care, custody and control of a parent for the first time, the child’s parent who is not taking parental leave pursuant to Article 21 shall be entitled to a leave with full salary and benefits of up to ten (10) days, to be taken at the discretion of the member within four (4) weeks of the adoption of the child. The member taking such leave shall give the Dean, or Head as designate of the Dean, as much notice as possible.

21:14 Where a member has adopted a child who has come into the member’s care, custody and control for the first time and the member is taking a parental leave pursuant to Article 21 such member shall be entitled to the same entitlements, terms and conditions under 21:07 for the first seventeen (17) weeks (top up of EI benefits to 100% of salary). For the remaining twenty (20) weeks the member shall be entitled to the same entitlements, terms and conditions under 21:11 (top up of EI benefits to 100% salary for the first 12 weeks). In either case, the total weeks of top-up shall not exceed 26 weeks.

Article 21 does not refer specifically to travel when adopting a child. However, if travel is required to bring the child into the care, custody and control of a parent for the first time it would seem logical to be included. Since each case is different, we recommend you speak with WUFA for further advice at (519) 253-3000 ext. 3366.

Last updated: January 28, 2009