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Family Care and Health Leave

Work and Family Provisions in Canadian Collective Agreements

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A. FAMILY CARE AND HEALTH LEAVE

Dependent care responsibilities - whether they involve a child, elderly (grand)parent, or another family member in need of support and assistance - can constitute a major time commitment for many workers, both young and old. In the absence of other support networks (an extended family structure, child and elder care providers, etc.), employees may need to take a few days off to stay at home with a sick child, to take family members to the hospital and to medical appointments, or to make arrangements for long-term care. But they may also need long-term leaves of absence for the care and nurturing of an infant, following a parental leave; to provide assistance at home to someone who depends on their care; or to spend time with a dying relative. In these and in other situations, employees may find that the demands they are facing in their private lives clash with their work requirements, and vice versa.

Women tend to be disproportionately affected by this conflict, since they still often bear the majority of family care and household responsibilities, irrespective of their employment status. These difficulties may be compounded for employed single mothers, who are much likelier to earn a low income and, hence, to fall below the poverty line. However, men may also experience stress and pressure due to incompatible obligations at home and work. Providing an appropriate period of leave for family care is often key to ensuring some balance in employees’ lives. This may also reduce recourse to other leave arrangements, such as sick leave, which would otherwise be used to cope with family concerns.

Unions and employers have addressed this in a number of collective agreement clauses. These include leaves for: general family care, elder care, child rearing, illness or accidents involving family members, appointments, violence at home, and other household or family emergencies.


General Family Care

General family care leave refers to a period of time off accorded to an employee to attend to family matters related to the care, nurturing, health or education of family members.

Although maternity, parental and adoption leaves appear in the labour legislation of most Canadian jurisdictions, only Quebec and British Columbia provide leave for general family care.

Box 3.1

Legislative Provisions Regarding Leave for Family Responsibilities: Quebec and British Columbia

Both Quebec and British Columbia provide, in their labour standards legislation, a short-term period of leave for employees in order to take care of specific family responsibilities/emergencies.

Quebec’s Act Respecting Labour Standards includes a provision regarding "Childcare leave": "An employee may be absent for five days per year without pay to fulfill obligations relating to the care, health or education of his/her minor child in cases where his/her presence is required due to unforeseeable circumstances or circumstances beyond his/her control." The employer must be advised of the absence as soon as possible. Moreover, the "leave may be divided into days, and, with the approval of the employer, into smaller periods. The employee must have taken all reasonable steps to assume his/her childcare obligations by other means and to limit the duration of the leave." (s. 81.2)

British Columbia’s Employment Standards Act stipulates that "An employee is entitled to up to 5 days of unpaid leave each year, to meet responsibilities related to the care, health, or education of a child in the employee’s care or the care or health of any other member of the employee’s immediate family." (s. 52) Notice that this provision, in contrast to Quebec’s legislation, includes both responsibilities for a child and care for immediate family members1.

Contrary to more specific types of leave which will be examined in the following sections, general family care leave usually defines "family matters" more broadly and therefore gives greater latitude to employees by covering more situations.

General paid leave

Although there are no legislative requirements to pay employees for short-term general family leave, a number of contract clauses opt to do so.

(08570) Subject to the Supervisor’s approval and the exigencies of the Corporation’s operations, Permanent and Term employees may be granted special leave, with pay, not to exceed three (3) days (twenty-four (24) hours) a year to attend to the temporary care of a sick family member; needs related to the birth or the employee’s child; medical or dental appointments for dependent immediate family members; meeting with school authorities; home and family emergencies.

Saskatchewan Telecommunication has signed a memorandum of agreement regarding family leave. Family leave days can be used for anything that the employee deems to be necessary for five days out of the year to attend to family matters.

(04020) In an effort to enhance employee’s work life and help balance non-emergency family responsibilities, permanent employees shall be granted five (5) Family Leave Days per year."

In the following example, employees of the Council of Marine Carriers are entitled to up to seven (7) days of paid leave with the possibility of an extension should the situation require. This is one of the longer paid leaves available to employees found in a Canadian collective agreement. However, the reference to "urgent domestic affairs" may restrict its use.

(03112) An employee shall be entitled to compassionate leave of up to seven (7) days to attend to urgent domestic affairs. Leave of more than seven days may be taken, subject to Company approval, if the circumstances warrant.

Use of sick leave credits for general family care

Many companies allow employees to use at least part of their sick leave credits to obtain a paid general family care leave.

Note that the duration of the leave of absence is not specified in the first illustration below, as is the case in most other clauses. This may offer an employee more flexibility in determining the length of time required to deal with a given situation, as long as it can be justified.

(04594) Family Matters - Leave of absence with pay shall be granted to Employees when it is essential that they attend to a family matter in respect to their spouse, parent, child, sister, brother, mother-in-law, father-in-law, or common-law spouse. Such leave shall be deducted from sick leave credits, if any. An employee must notify his/her immediate Supervisor of his/her absence as soon as possible and provide a valid reasons for the absence and an estimate of the duration of the absence.
(02813) For the purpose of dealing with medical emergencies as well as unforeseen child care responsibilities the parties have agreed to provide permanent employees with up to three (3) days of Primary Care Leave in a calendar year. In order to make use of the Primary Care Days, the employee must have the equivalent number of days in his or her sick bank.

Long-term unpaid leave

Some agreements provide for a longer period of leave, without pay, in order to care for a dependent.

As the clause below demonstrates, such leave may pursue more than one goal. In this instance, the granting of a one-year unpaid leave is designed to help employees provide care for a dependent while at the same time creating employment-related opportunities for other workers.

(06720) In the spirit of co-operative attempts to create training and employment opportunities, the parties agree to the following full-time unpaid leaves, which will be advertised widely to employees and granted subject to local operating requirements: (...)
  1. Family Leave: An employee at his or her option shall be entitled to a leave of absence, without accumulation of credits, of up to one (1) year for care of a dependent person.

Leave for Serious Household or Domestic Emergencies

A number of collective agreements provide a leave for "serious household or domestic emergencies." Contract language of the sort is broad and general enough to cover many potential situations affecting an employee and his or her family, including but not restricted to medical emergencies.

(05353) (a) Employees will on request be granted time off up to a maximum of one (1) day without deduction of pay or sick benefit for a serious household or domestic emergency, including any unscheduled medical emergency involving a dependent.

(b) In other emergency situations beyond the control of the employee, when an employee is unavoidably delayed for a period of up to one-half (1/2) day, there will be no loss of pay or benefit and such time off will subsequently be make up at a mutually agreeable to the department head and the employee.

(06747) Where leave from work is required, an employee shall be entitled to special leave at their regular rate of pay for the following: (...)

4) serious household or domestic emergency - one day;

(06756) The Deputy Head may grant an employee special leave with pay for a period of up to five (5) consecutive working days: (...)

where special circumstances not directly attributable to the employee prevent his/her reporting to duty, including:

   (i) serious household or domestic emergencies;


Family Illness Leave

Although sick leave for employees has been part of collective agreements for a long period of time, leave to care for an ill or injured family member is a relatively recent phenomenon in collective bargaining. It is distinct from general family care leave in that it pertains specifically to health-related problems.

With some exceptions, most leave for family illness is for a short-term duration. It is designed to give employees the opportunity to stay at home for a few days to provide care for a sick family member (usually a child), to accompany a relative to hospital, or to make necessary arrangements for longer-term care at home or in a health institution.

Serious/critical illness in the family

The following agreements allow leave in the event that there is a "critical" or "serious" illness in the family. The use of such terms restricts the range of situations for which a leave could be requested.

Most clauses that provide leave for serious illness include only immediate family members. However, some collective agreements define family more broadly, as will be seen in the first example below. From an employee’s perspective, a leave with regular salary and benefits is obviously preferable, especially if it is not at the expense of sick leave or holiday credits. Employers may sometimes retain a degree of discretion in granting such a leave of absence by requiring the prior approval of a manager.

(10528) An Employee may be granted leave with pay for the serious illness of a member of the immediate family or someone with whom they had an equivalent relationship. Members of the immediate family shall include spouse, mother, father, brother, sister, son, daughter, father-in-law, mother-in-law, grandparents, grandchildren, sister-in-law, brother-in-law, son-in-law or daughter-in-law.
(04594) In case of serious illness in the immediate family (as defined above) leave of absence may be granted, by the Vice President, Human Resources, with full pay and not charged to sick leave credits, holiday entitlement, or other accrued time off.
(11235) Teachers shall be granted leave with pay in the following circumstances: (...)

up to three (3) days in the event of serious illness of a child or spouse to arrange alternate care

A leave for critical illness is sometimes provided in collective agreements as part of a compassionate or bereavement leave clause. Such leave may be used by employees to provide moral support and to spend time with a dying relative. It may also be necessary for an employee to take time off to deal with the emotional trauma engendered by such circumstances.

(05028) Leave necessitated by the critical illness or death of a spouse, child, parent, brother, sister, parent of a spouse, son-in-law, daughter-in-law, or a member of the employee’s household, shall be granted by the superintendent of schools with salary and benefits:

a) up to and including seven consecutive calendar days for critical illness

Short-term family illness leave

In contrast to the previous subsection, the leave granted in the following examples does not require that the illness be serious or critical. It is either paid or compensated through the use of sick leave credits. In general, it applies to members of the immediate family, although this can be defined more or less broadly, depending on the agreement.

In some cases, leave for family illness is conditional on an employee being the only one available or able to provide care. The burden of proof may lie with the employee and leave may not always be automatically granted.

(06747) In the case of illness or hospitalization of a dependent child of an employee, and when no one at the employee’s home other than the employee can provide for the needs of the ill child, the employee shall be entitled, after notifying their supervisor to use up to a maximum of two (2) days paid leave at any one time for this purpose.
(06680) Subject to Article 24.13.3, leave with pay shall be granted to employees under the following circumstances: up to five (5) days per fiscal year where no one other than the employee can provide for the medical needs of a member of his/her immediate family during illness
(06757) Where a regular employee is required to care for his/her sick dependants or a sick person permanently residing in his/her place of residence, the Employer shall grant special leave with pay up to a maximum of five (5) consecutive working days.
(04597) (...) employees may utilize their sick leave entitlements to attend to the illness of a dependent family member, living under the same roof as the employee, up to a maximum of five (5) days per calendar year when other care givers are not readily available.

In comparison to some of the clauses above that restrict leave eligibility to employees who must attend to the needs of members of their household, the following example provides for leave in the event that a family member who resides outside the community becomes seriously ill. This leave may also be extended, subject to the employer’s approval.

(06756) The Deputy Head may grant an employee special leave with pay for a period of up to five (5) consecutive working days:
  1. where a member of the immediate family requires surgery or becomes ill (not including childbirth) and the employee is required to care for his/her dependents or for the sick person
  2. where a member of the employees immediate family residing outside the employee’s community of residence becomes seriously ill. (...)

Special leave in excess of five (5) consecutive working days for the purposes enumerated [above] may only be granted with the Employer’s approval.

Leave for accidents involving a family member

Although the term "illness" can in practice be understood to encompass situations such as accidents, some unions and employers have negotiated contract language that includes both terms.

(04116) In an emergency (sudden, serious or incapacitating illness or injury) other than death, involving the parent, spouse or child of an employee which requires the immediate attendance of the employee, a maximum of two (2) days leave of absence with pay may be granted with the approval of the immediate supervisor.

Where additional leave of absence is required immediately following the initial two (2) days, such leave will require approval of the immediate supervisor and will be charged to vacation, banked time, sick leave, or taken without pay, or the days as provided for in Article 19.4

Under special circumstances, the Corporation may approve leave as outlined in 19.2, in the case of mother-in-law, father-in-law, brother or sister.

In the following illustrations, employees have the "right" to avail themselves of unpaid leave in case of accident or illness in the family, subject to providing adequate proof. In the first example, from the construction industry, the duration of the leave depends on the geographic location of the work site.

(10215) Any employee is entitled to leave without pay for the following reasons, with the burden of proof being incumbent upon the employee: (...)

2) A serious accident involving a member of his immediate family, whether his father, mother, child or legitimate spouse, for a maximum of 2 days or maximum of 5 days in the case of an employee assigned to a remote job site, to the James Bay project, to a hydro-electric project north of the 55th parallel (including Great Whale) or to a construction camp.

(04507) An employee shall be entitled to leave without pay for a period of not more than one (1) month in the event of an illness or injury involving a child or spouse, where the employee’s presence is required, provided that the employee submits a medical certificate to that effect to his or her immediate superior. (...)

While on leave without pay, the employee shall retain his or her entitlement to the various benefits provided for in the collective agreement. [translation]

Long-term family illness leave

Short-term family illness leave may not always be adequate for an employee when a close relative requires long-term care. For example, the shift to ambulatory and home care in many Canadian jurisdictions has meant an increased role for family members in the provision of assistance and care for a person recovering from a surgery, suffering from a chronic illness, or affected by a serious disability. This may sometimes necessitate an extended period of absence for an employee, when he or she is to be the primary caregiver.

A long-term family illness leave provision may be bargained on its own or may be incorporated into a more comprehensive leave of absence clause.

(04917) Leave of absence may be granted for personal reasons such as illness in the employee’s family, provided that the maximum period for which such leave may be extended shall be limited to three (3) years.
(00881) Leave for Good Cause: Leaves of absence for reasonable periods not to exceed one (1) year will be granted without loss of seniority for good cause, such as personal illness or accident, death or serious illness in the immediate family, pregnancy, adoption, jury duty, military reserve training and elective or appointive public office, and such leaves may be extended for like cause.

In at least some cases, clauses pertaining to family illness can be broadened to include children with disabilities or socio-affective problems.

(10370) Upon receipt of two (2) weeks’ advance notice and supporting documentation, the employer shall grant leave without pay or partial leave without pay for a maximum period of one (1) year to an employee whose minor child has socio-affective problems, is disabled or suffers from a prolonged illness, where the child’s condition requires the employee’s presence. [translation]

Medical donor leave

An individual may agree to donate an organ or bone marrow to a family member in need of a transplant. Although an employee could in many instances use sick leave credits for such a procedure, some agreements include a special donor leave clause.

(06755) An employee shall be granted the necessary leave of absence with pay for the purpose of donating bone marrow or an organ.
(06733) An employee who is donating an organ or bone marrow shall be granted time off with pay. The employee shall be granted leave with pay for the period required for the donation and recuperation as approved by a medical physician.

Family Appointments

Even when they are not sick or injured, an employee may still need to regularly accompany dependents to visit a doctor, dentist, optician or other health professional. In recognition of the difficulties that employees may have in scheduling appointments outside work hours, a number of agreements provide for leave to meet the medical needs of family members. All of the clauses below provide leave with pay.

(05028) Leave with pay and benefits up to three days per school year necessitated to attend to the medical needs of a parent or a member of the employee’s household may be granted by the superintendent of schools.
(06680) (1) Subject to (...) (3), leave with pay shall be granted to employees under the following circumstances:
  1. up to two (2) days per fiscal year to provide transportation for hospital, medical or dental treatment of a member of the employee’s immediate family.

(2) For the purpose of (...) (1)(a) and (b), immediate family means the employee’s parent, spouse, child, or other relative who permanently resides with the employee.

(11963) ...the Employer shall grant leave with pay under the following circumstances:

Up to one-half (1/2) day to take a dependent family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, If the supervisor was notified of the appointment as far in advance as possible.

In the following clause, the employee can request leave for medical and dental appointments for a dependent person as long as the time can be made up at a later date.

(05353) Given adequate notice, the University will allow an employee time off to accommodate unavoidable personal business appointments, including medical and dental appointments for dependent persons. Such time off will subsequently be made up at a time mutually agreeable to the department head and the employee.

Compassionate Leave

Although compassionate leave and bereavement leave are often used interchangeably in collective agreements, some clauses recognize that there may be compassionate reasons other than death to grant a leave of absence.

The language of compassionate leave clauses tends to be general and can often cover a number of personal and family difficulties/emergencies that may arise in the employee’s life. The agreements quoted under this particular section do not include separate family illness/care leaves. It would appear that the intention was to cover these and other situations under a single clause, possibly to give a measure of flexibility to deal with emerging issues on a case-by-case basis.

Compassionate leave is usually granted at the discretion of the employer. Sometimes, it may be used as an extension to a bereavement leave.

Note the reference to close personal friend in the first example.

(05353) Compassionate leave with pay may be granted by a department head under other reasonable circumstances (e.g. to attend to a family member or close personal friend who has suffered a life-threatening injury or illness).
(03112) An employee shall be entitled to compassionate leave of up to seven (7) days to attend to urgent domestic affairs. Leave of more than seven (7) days may be taken, subject to company approval, if the circumstances warrant.
(07945) Employees will be granted a leave of absence on compassionate grounds in accordance with the following:
  1. All employees shall be granted three (3) consecutive days with pay when there is a serious illness, serious injury or death of a member of the immediate family. These days shall commence on the day following the date of the illness, injury or death.
(04656) Compassionate leave of absence of one (1) day with pay and one (1) consecutive day without pay per calendar year may be granted by the employee’s immediate supervisor for emergency situations in the employee’s home or serious illness in the immediate family.
(09971) At the discretion of the Department Chair/Unit Head a paid or unpaid leave may be provided to respond to certain circumstances or an emergency situation which may arise in a member’s personal or family life necessitating an absence from teaching responsibilities. Written notification shall be provided, whenever possible, to the appropriate Department Chair/Unit Head citing the reasons for such a leave from the University. Department Chair/Unit Heads may grant a paid or unpaid leave for a period not exceeding seven (7) consecutive working days upon written notification to the member and the Association.

Long-term compassionate leave also appears in some agreements, although it may be conditional on operational requirements and management approval.

(06710) Leave of absence without pay and without loss of seniority may be granted to an employee for special or compassionate reasons or for educational purposes if the request meets the operational requirements of the Employer for a period of up to one (1) continuous year with the approval of the Housing Manager.

Unions and employers can also negotiate access to both short- and long-term compassionate leave for employees. Notice that the approval process varies depending on the length of the leave requested.

(06720) Leave of absence with pay may be granted for special or compassionate purposes to an employee for a period of:
  1. not more than six (6) months with the approval of his or her Deputy Minister; and
  2. over six (6) months upon the certificate of the Civil Service Commission and with the approval of the Lieutenant Governor in Council. (...)

A Deputy Minister or his or her designee may grant an employee leave of absence with pay for not more than three (3) days in a year upon special or compassionate grounds.


Child Care Leave

Although most parents have access to maternity and parental leave, the conflicting demands of caring for preschool-age children and full-time work can be overwhelming, especially if families do not have access to quality child care. In order to offer parents the option of remaining at home with their children after the expiration of their parental leave, unions and employers have in some cases negotiated child care leave provisions2. These can allow employees to participate more actively in their children's development and encourage bonding between child and parent. The preservation of employment ties can also facilitate an eventual return to work in the same or an equivalent position. However, existing clauses all provide for unpaid leave and therefore imply a financial sacrifice.

Child care leave provisions appear in a number of agreements, although they may be referred to under different names, such as "child rearing leave" or "leave for the care and nurturing of preschool-age children."

(05041) The Board may, upon application, grant a leave of absence for up to one year without pay to a teacher for the purpose of child rearing.
  1. to care for the teacher’s own dependent child.
  2. the teacher shall apply for the leave three months in advance of the leave.
  3. unless mutually agreed, the teacher shall only return from child rearing leave at the beginning of the school year.
  4. leave taken for the purpose of child rearing shall not be considered teaching experience for the purpose of granting a salary increment.
  5. a teacher granted leave of absence under this clause shall retain seniority and equivalent position as a teacher with the Board for the duration of the leave.

This leave, when combined with any other leave provision, will not exceed 24 months. When a leave granted under this clause exceeds 21 calendar days, the teacher will be responsible for the cost of benefits for the duration of the leave.

(06755) Upon completion of maternity, adoption, and/or parental leave, including any extension to such leaves, a regular employee will be entitled, upon written application, to leave of absence without pay to care for a child.
(09605) An employee shall be granted leave without pay for the care and nurturing of the employee’s pre-school age children in accordance with the following conditions:
  1. an employee shall notify the Council in writing four (4) weeks in advance of the commencement date of such leave;
  2. leave granted under this clause shall be for a minimum period of six (6) months;
  3. the total leave granted under this clause shall not exceed five (5) years during an employee’s total period of employment in the Public Service;
  4. such leave shall be deducted for the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave;
  5. time spent on such leave shall not be counted for pay increment purposes.

The agreement below gives employees the option of maintaining their pension and benefits, as long as they agree to pay the employer’s and their own share of premiums. Although this may be somewhat costly, it can attenuate the long-term financial impact of taking a lengthy leave of absence.

(04059) At the request of an employee, leave without pay in one (1) or more periods of at least one (1) month duration to a total maximum of five (5) years during an employee’s total period of employment in the Canada Post Corporation shall be provided for the care and nurturing of pre-school age children. If an employee on such leave wishes to maintain contributor status, the employee must pay both the Corporation’s and the employee’s share of pension and benefit plan.

Leave without pay granted under this clause shall not be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave for the employee involved except where the period of such leave is less than three (3) months. Time spent on such leave shall not be counted for pay progression purposes.


Elder Care Leave

In the context of a rapidly ageing population and increasing life expectancy, it is now becoming more commonplace for working-age individuals to provide care for their parents, spouse or other elderly relatives. Tasks associated with elder care can range from occasionally accompanying someone to an appointment to providing the equivalent of full-time nursing care.

Elder care can be relatively time-consuming, particularly when compounded with child care responsibilities, as is the case for many people belonging to the "sandwich generation." Caregivers - primarily women - can often be torn between the demands of their job and the ability to provide quality care for their relative.

In order to help employees balance these responsibilities, and as an alternative to abandoning their job, unions and employers have agreed, in a few cases, on contract clauses allowing employees to take long-term leave for the care of an elderly family member. As seen in the previous sections, short-term family leave may also be used to meet some elder care obligations, although such leave may have to be shared among various family members requiring care.

The following agreement enables an employee to take one day of paid leave per year in order to attend to the immediate needs of an elderly parent.

(04129) In the case of serious illness or hospitalization of an elderly parent of the employee, when no one other than the employee can provide for the needs of the parent, and after notifying his/her supervisor, the employee will be provided with a one day leave of absence with pay per calendar year

An elderly parent may require full-time care for a longer period of time than can be granted under short-term leave. This has been recognized, albeit infrequently, in some agreements - mainly in federal public service bargaining units - by including specific language on long-term unpaid leave for the care of a parent.

(11963) 42.01 Both parties recognize the importance of access to leave for the purpose of long-term care of a parent.

42.02 An employee shall be granted leave without pay for the long-term personal care of the employee’s parents, including step-parents or foster parents, in accordance with the following conditions:

  1. an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless because of an urgent or unforeseeable circumstance such notice cannot be given;
  2. leave granted under this Article shall be for a minimum period of three (3) weeks;
  3. the total leave granted under this Article shall not exceed five (5) years during an employee’s total period of employment in the Public Service;
  4. leave granted for periods of one year or less shall be scheduled in a manner which ensures continued service delivery.

42.03 An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.


Family Violence

Violence at home, in all its forms, affects thousands of families in Canada every year. It has an impact on the entire household; even if not all family members are directly victimized, the indirect physical and psychological effects can be considerable. Escaping from an abusive or violent relationship, and dealing with the aftermath, certainly represent a particularly difficult and stressful process that may make it virtually impossible to meet work requirements.

The issue of family violence, and more specifically of violence against women, has been addressed in recent collective bargaining by the Canadian Auto Workers Union (CAW) with a number of employers. Contract clauses recognizing some of the problems faced by employees who are victims of domestic violence have been included in agreements. Although these do not provide leave per se, they nevertheless confer a measure of protection from disciplinary action for employees who cannot show up at work for this reason.

(02100) Violence Against Women: The parties recognize that women sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. The parties agree that when there is adequate verification from a recognized professional (i.e. Doctor, lawyer, professional counselor), a woman who is in an abusive or violent personal situation will not be subjected to discipline without giving full consideration to the facts in the case of each individual and the circumstances surrounding the incident otherwise supportive of discipline. This statement of intent is subject to a standard of good faith on the part of the Company, the Union and affected employees, and will not be utilized by the Union or employees to subvert the application of otherwise appropriate disciplinary measures.

Although the majority of victims of domestic violence are women, this does not exclude the possibility that men can also be subject to violence or abuse. The following agreement between the CAW and Air Canada uses gender-neutral language. This could also help accommodate employees who may not necessarily be suffering from spousal/partner violence, but may be subject to abuse from their children or other relatives.

(02812) The Company agrees to recognize that employees sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work. For that reason, the Company and the Union agree, when there is adequate verification from a recognized professional (i.e. doctor, lawyer, registered counsellor), an employee who is in an abusive or violent situation will not be subjected to discipline if the absence can be linked to the abusive or violent situation. Absences which are not covered by sick leave or disability insurance will be granted as absent with permission without pay.

The following agreement between Northern Telecom and the CAW extends the provisions of the previous examples by providing an employee with pay for one day at 90% of salary. It also acknowledges an employee’s right to privacy under these circumstances, unless this is in conflict with a legal requirement.

(02130) Violence Against Women: The Company and the Union discussed the rising incidence of violence and abuse, notably violence against women and how this may affect the employee’s attendance or performance at work.

The Company agrees that where there is adequate verification from recognized professionals (e.g. doctor, lawyer, professional counselor) provided to the Company, an employee who is subject to abuse or violence will not be disciplined without first giving full consideration to the circumstances surrounding the incident. Such information will be treated in a confidential manner by the Company and the Union unless required by law to be produced.

It is further agreed that should an employee be absent from work as a result of abuse or violence and provides adequate verification from recognized professionals to the Health Center, she will receive pay for the first day of absence at a rate equivalent to ninety percent (90%) of her basic earnings plus COLA.

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1 Source: Labour Law Analysis (Labour Program, HRDC), Family-Related and Other Leaves (May 2000), http://labour-travail.hrdc-drhc.gc.ca/policy/leg/pdf/family_e.pdf resume
2 It should be noted that the term "child care leave" is sometimes defined much more broadly in collective agreements and in legislative provisions (e.g. New Brunswick’s Employment Standards Act) to include what are commonly dubbed parental and adoption leaves (see Chapter 2). resume