22.01 A Resident shall be granted up to seventeen (17) weeks leave of absence without pay for maternity leave purposes. A Resident must submit a written notice for maternity leave to the Employer as soon as reasonably possible and not less than four (4) weeks before the intended date of leave.
22.02 When a Resident is incapable of performing her duties either before or after such seventeen (17) week period, then an additional leave of absence without pay may be granted by the Employer in consultation with the program or Educational Director.
22.03 Pregnancy shall not constitute cause for termination of appointment but the Employer is entitled to request that maternity leave commence earlier than the terms stated if the health of that Resident becomes incompatible with the duties required.
22.04 The Employer may require a Resident to provide a medical certification indicating her general condition during pregnancy and the expected date of confinement.
22.05 Illness and medical complications arising from the pregnancy shall be covered by sub-article 8.04 of this Collective Agreement.
22.06 A Resident who does not return to work in accordance with her agreed leave of absence shall not be entitled to reinstatement.
22.07
22.08 Paternity Leave/Parental Leave
A male Resident shall, upon advance notification to the Program Director, receive two (2) days with pay at the time of the birth of his child to attend to needs related to the birth of the child.
A male Resident must submit an application in writing for parental leave as soon as reasonably possible and at least four (4) weeks before the day specified in the application as the day on which the male Resident intends to commence the leave. Such applicant is entitled to parental leave consisting of a continuous period of up to thirty-seven (37) unpaid weeks.
22.09 Adoptive Leave/Parental Leave
A Resident shall receive two (2) days with pay at the time of adoption of a child provided that the Resident has kept the Program Director apprised of the status of the adoption proceedings.
A Resident who adopts a child under the law of a province who submits an application in writing for parental leave at least four (4) weeks before the day specified in the application as the day on which the Resident intends to commence the leave, is entitled to parental leave consisting of up to thirty-seven (37) unpaid weeks.
22.10 Subject to sub-article 21.11, parental leave must commence no later than the first anniversary date of birth or adoption of the child or of the date the child comes into actual care and custody of the Resident.
22.11 Where a Resident takes parental leave in addition to maternity leave, the Resident must commence the parental leave immediately on expiry of the maternity leave without a return to work unless otherwise approved by the Employer.
22.12 MMA Maternity/Parental Benefits Program
For information purposes only, Residents are eligible to apply for benefits under the MMA Maternity/Parental Benefits Program. Attached as Appendix “C” is the Maternity/Parental Benefits Program Information for Physicians.
The entitlement or denial of benefits under this Program are not subject to Grievance and Rights Arbitration Procedure under Article 6.