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HomeMy WebLinkAboutPregnancy and Parental Leave Policy for Members of Council - GOV-COU-2039POLICY GOV-COU-2039 Pregnancy and Parental Leave for Members of Council Category GOV - Governance Sub-category COU - Council Approval Type COUNCIL Department/Division Legislated Services Author and Position City Clerk Date Approved November 18, 2024 Last Reviewed/Amended Click here to enter a date. Next Review Date June 1, 2027 Related Policies or Procedures • Municipal Act, 2001 Policy Purpose The purpose of the policy is to establish the procedure for Members of Council to declare a pregnancy or parental leave as required by section 270 of the Municipal Act and identify the remuneration package and other administrative matters. Definitions “Council agenda” means the package provided to council for meetings of council including closed meetings which includes the agenda, minutes and supporting agenda documentation. “Pregnancy and Parental Leave” for the purposes of this policy means an absence of 20 consecutive weeks or less as a result of a Member’s pregnancy, the birth of a Member’s child or the adoption of a child by the Member in accordance with Section 259 (1.1) of the Municipal Act, 2001. Policy Scope This policy protects members of Council from removal of office and paid leave of absence due to pregnancy, the birth of a child or the adoption of a child up to twenty (20) consecutive weeks, not to extend beyond a member’s term of office. Unlike municipal employees who are entitled to pregnancy and/or parental leave in accordance with the Ontario Employment Standards Act, members of Council are not considered employees and are not eligible for employment insurance. Application ☐ Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part- time, Casual, Probationary, Student, Management, Non-union) • Click or tap here to enter text. ☐ Unions (Indicate below which categories apply: All Unions, CUPE 68 Civic, CUPE 68 Mechanics, CUPE 791, IATSE, IBEW, KPFFA) • Click or tap here to enter text. ☒ Council ☐ Specified Positions: Click or tap here to enter text. ☐ Other: Local Boards and Advisory Committees Policy Content 1. The City of Kitchener supports a member of Council’s right to pregnancy and parental leave (“leave”) in keeping with the following principles: a. An elected member shall not be required to obtain Council approval to take pregnancy and parental leave, not exceeding 20 weeks. b. An elected member shall not have their elected office declared vacant as a result of such leave. c. An elected member shall continue to receive all Council communication while on leave unless otherwise indicated on the Leave Advisory Form. d. An elected member shall continue to reserve the right to participate as an active member of Council at any time during such leave. e. An elected member shall continue to receive all remuneration and benefits afforded to Council members. f. An elected member shall ensure that constituency services continue in their absence as indicated on the Leave Advisory Form. 2. Prior to the Leave, a member of Council shall complete the Leave Advisory Form attached as Attachment A to this policy and submit the form to the City Clerk. 3. In keeping with the principles above, if an out of office message is applied in accordance with the Leave Advisory Form, constituency inquiries shall be referred to staff in the Office of Mayor and Council (OMC) for triaging and response. 4. If a member of Council wishes to seek a leave in excess of 20 consecutive weeks, the member shall complete the extended leave section of the Leave Advisory Form and submit to the City Clerk as soon as the need for an extended leave is known. If an extended leave is requested, the City Clerk shall prepare a report for Council’s consideration of the extended leave. 5. A member of Council shall notify the Human Resources division as soon as practicably possible of the birth or adoption of a child if benefit coverage is required. 6. As the elected head of City Council, the Mayor may request that Council make temporary appointments to any committees, boards etc. that may be vacated as a result of such leave. 7. At any time, the elected official on leave may advise the Clerk of changes to their return date, through reasonable written notice, and their intention to resume any and all statutory roles including work on committees. Results of Review ☐ No Edits Required ☐ Housekeeping Edits ☐ Substantial Edits ☐ Repeal/Replace Policy History Administrative and Housekeeping Changes Date Nature of Change yyyy-mm-dd Departmental re-organization/Titling changes/ Standing Committee restructuring. Substantial Changes Date Council/CLT Directive yyyy-mm-dd As Per Council/CLT Directive - Report #