How and When Do You Qualify for a Leave of Absence From Work With Pay or Without Pay

February 7, 2019

McGill University Health Centre (MUHC), employees are now required to complete the leave of absence request form online, please contact Human Resources or your local union office.

This article will provide you with general information on the most popular leaves, for more information or concerning another leaves, contact Human Resources or your local union office. If your leave is not on the list below, still submit your request, keeping in mind the golden rule – If You Don’t Ask, You Won’t Get It.

A Leave With Pay Is Referred to as a Deferred Leave

The purpose of the paid leave is to enable an employee to have her/his salary spread over a determined period of time, in order that they can have the benefit of a leave. This plan includes, on the one hand, a period during which an employee contributes and, on the other hand, a period of leave. The deferred leave is available to employees who hold a position, have completed two years of service and not be on disability leave or on leave without pay at the time the contract takes effect.

The duration of the plan may be two years, three years, four years or five years unless it is extended as a result of the application of paragraphs f, g, j, k, or l of clause 34.06. However, the length of a plan, including the extensions, may in no case exceed seven years.
The duration of the leave may be from six to twelve consecutive months as provided in paragraph a) of clause 34.06, and may not be interrupted for any reason whatsoever.
An employee may also avail herself/himself of a plan involving three, four or five months of leave when such a plan is intended to enable the employee to pursue full-time studies in an educational institution recognized under the Income Tax Act (RSC). Such leave can only be taken in the last three, four or five months of the plan.
An employee shall be entitled to a leave with a deferred payment plan after a request to the employer, who may not refuse without valid grounds.

The deferred leave can be found in Article 34 of the National Collective Agreement.

Leave Without Pay and Part-time Leave Without Pay

After two years of service, an employee may take up to four weeks of leave of absence without pay once a year, outside the period from June 1 to September 15 and after agreement with the Employer, providing that her/his request is made at least four weeks in advance. Said leave without pay may be divided into two or four periods of at least one week each. Any other arrangement of the leave must be agreed upon, by the employee and the Employer.
After at least five years of service in the institution, an employee may, after agreement with the Employer and once per period of at least five years, take leave without pay for a total duration of no more than fifty-two weeks, including the leave of absence provided in the preceding clause. To obtain this leave, the employee must make a request in writing to the Employer at least sixty days in advance, specifying the duration of the leave.
After an agreement with the Employer, an employee holding a full-time position who has two years of payment obtain part-time leave without pay for a minimum of eight weeks and a maximum of fifty-two weeks. When requesting such leave, the employee shall stipulate the duration of the leave. Such part-time leave without pay may not exceed three days a week.

Article 18 pertaining to a leave without pay is located in both the National Agreement and Local Agreement.

Leave Without Pay for Studies

After agreement with the Employer, an employee holding a position who has at least one year of service shall, upon written request at least sixty days in advance, or less with supporting documentation, be granted full-time or part-time leave without pay for a maximum of thirty-six months for the purpose of educational upgrading or to pursue studies in a field geared to the Health and Social Services sector.
The leave may be continuous or non-continuous over a period of no more than thirty-six months.
An employee’s leave without pay for studies shall be deemed to end on the date on which the employee abandons or completes her/his studies, as the case may be.

Article 18.04 Local Agreement.

Part-Time Leave Without Pay Through an Exchange of Positions

Upon request made four weeks in advance, a full-time employee with at least one year of service may take part-time leave for a minimum of eight weeks and a maximum fifty-two weeks once a year. However, said leave shall be granted to an employee with less than one year of service when a dependent’s illness requires the employee’s presence. When requesting the leave, the employee shall indicate its duration.
In order to take part-time leave, the employee must be able to exchange her/his full-time position for the position of a part-time employee with the same job title. The exchange shall be done in order of part-time employees’ seniority and on condition that the employees involved can meet the normal requirements of the positions to be exchanged. Failing the possibility of such an exchange, the employee, the Union, and the Employer may agree to any other terms and conditions.

Article 18.05 Local Agreement.

Leave Without Pay for Marriage or Civil Union

An employee benefiting from clause 25.06 of the National Provisions may combine it with one (1) week or less of leave without pay, providing that she/he indicates her/his intention to do so at the time of the request.

25.06 from the National Collective Agreement

Upon request at least four weeks in advance, an employee is entitled to one week of paid leave for their marriage.
An employee who holds a part-time position is entitled to the week of paid leave in proportion to the number of days provided for the position that they hold. If the employee has an assignment on the date they go on leave, the leave is paid in proportion to the number of days scheduled for the assignment on that date plus, if applicable, the number of days of the position that they hold if they have not temporarily left their position. Other part-time employees are entitled to this paid leave in proportion to the number of days scheduled for the assignment held on the date they go on leave.

Article 18.06 Local Agreement

Special Leave Without Pay to Attend a Funeral Outside Canada

n addition to the leave provided for in clauses 25.01 to 25.04 of the National Provisions, the Employer shall givean employee up to fourteen (14) days of leave without pay if the funeral takes place outside Canada.

Family Obligation Leave

Family obligation leave and absences fall into their own category and because of their urgency, the standard delays do not apply, (as soon as possible). The leave can be as short as half a day or as long as two years. It is important to note that these leaves originate from the Quebec Labour Standards. Your union contract can give you more benefits, but the Labour Standards sets the minimum.

Article 25.09 from the National Collective Agreement

An employee may take time off work under Sections 79.8 to 79.15 of the Act respecting labour standards by informing the employer of the reasons for their absence as soon as possible and providing proof justifying the absence.
During this leave without pay, an employee accumulates seniority and experience. They continue to participate in the basic health insurance plan, paying their share of premiums. They may also continue to participate in applicable optional insurance plans by requesting it at the start of the leave and paying the full cost of the premiums.
At the end of this leave without pay, the employee may return to their position or a position they have obtained at their request in accordance with the provisions of the collective agreement, as the case may be. If the position has been abolished, or if they have been bumped, the employee is entitled to the benefits they would have had if they had been at work at the time.
Similarly, upon returning from leave without pay, an employee who does not hold a position returns to the assignment that they had when they went on leave if the assignment is still in progress after the end of the leave.
If the assignment is finished, the employee is entitled to any other assignment in accordance with the provisions of the collective agreement.

For other family obligation leaves, contact Human Resources or your local union.

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