Human Resources Manual - 809 - Parental Leave

1. The Government provides parental leave benefits to an employee who has, or will have, in his/her care and custody, his/her newborn child or who adopts a child.

2. These guidelines and procedures apply to all employees except those employed by the NWT Power Corporation.

3. Benefits officer is an employee in the Benefits Section with the Client Services Division of the Department of Human Resources.
4. Client Services means the Client Services Division of the Department of Human Resources.
5. HRSDC is Human Resources and Social Development Canada with the Government of Canada.
6. HRIS is the Human Resource Information System.
7. Employee-couple means a couple that are both employed in the Public Service
8. Parental leave is leave provided to either or both parents to spend time with their newborns or to allow adoptive parents time to care for their adopted child and to give both the family and the child an opportunity to adapt to each other.
9. Payroll Office means the Payroll Section of the Client Services Division of the Department of Human Resources.
10. ROE means a record of employment.  The Government of the Northwest Territories (GNWT) must complete a ROE whenever there is an interruption of employee earnings.  A ROE must be issued even if the employee has no intention of filing a claim for EI benefits.
11. ROE Web is a web application that enables the GNWT to create and print a ROE using Internet technology and submit it to HRSDC electronically.
12. EI is the Employment Insurance benefits received from the Government of Canada.

13. Parental leave without pay is available to male and female employees who:
    1. have or will have the actual care and custody of his/her newborn child;
    2. have commenced proceedings to adopt a child and have actual care and custody of that child; or
    3. obtain an order for the adoption of a child.
14. To be eligible for parental leave with a parental leave allowance an employee must:
    1. have at least six months of continuous service with the GNWT;
    2. have applied for and been granted parental leave;
    3. provide proof that he/she has applied for and is receiving EI benefits; and
    4. sign an agreement with the GNWT,  to return to work on the date of the expiry of the parental leave, and work for a minimum of six months after the parental leave.
15. Parental leave without pay can be taken for a single period up to 37 consecutive weeks.  The leave must be taken during the 52-week period immediately following the day the child is born or, in the case of adoption within the 52-week period from the date the employee has care and custody of the child.
16. For members of the NWTTA parental leave without pay can be taken for a single period up to 26 consecutive weeks.  The leave must be taken during the 52-week period immediately following the day the child is born or, in the case of adoption, within the 52-week period from the date the employee has care and custody of the child.
17. An employee who takes maternity leave may also take parental leave, in which case, the parental leave must be taken immediately following the maternity leave.  The total amount of maternity and parental leave combined cannot exceed 52 weeks.
18. Where an employee on maternity leave has applied for and been granted parental leave, she may, at her request, receive the parental leave allowance immediately after termination of the maternity allowance.
19. Parental leave may be shared by an employee-couple.
20. When an employee-couple takes parental leave, payment of the parental leave allowance shall not exceed a total of 17 weeks for both employees combined, and parental leave with or without allowance taken by an employee-couple shall not exceed a total of 37 weeks for both employees combined.  The requirement to return to work is six months for each employee.
21. For members of the NWTTA when parental leave is taken by an employee-couple, payment of the parental leave allowance shall not exceed a total of 17 weeks for both employees combined and parental leave with or without allowances taken by an employee-couple shall not exceed a total of 26 weeks for both employees combined. The requirement to return to work is six months for each employee.
22. Parental leave utilized by an employee-couple, in conjunction with maternity leave, shall not exceed a total of fifty-two (52) weeks for both employees combined.
23. The time for which an employee is entitled to parental leave does not increase if the employee is adopting more than one child or is the natural parent of more than one newborn child (i.e., twins, triplets, etc.).
24. Parental leave can be taken with or without allowances.
25. Parental leave allowance is available for up to 17 weeks.  This includes the two-week waiting period required by HRSDC.
26. Parental leave allowance "tops up" regular EI benefits so the employee receives 93% of regular salary during the period.
27. The Employer is not responsible for any consequences of an employment insurance benefit overpayment, nor is it responsible for providing any additional payments in respect of parental leave should the employee's benefits be affected by tax, employment insurance, or legislative provisions.
28. Aboriginal custom adoptions are outline in the Aboriginal Custom Adoptions Recognition Act and regulations.
29. An employee’s increment date will be moved if the employee takes more than six months parental leave or a combination of parental leave and other leave without pay for more than six months.
30. Parental leave is counted for the calculation of “continuous employment” and “continuous service”.

31. An employee requesting parental leave shall make every effort to provide reasonable notice.  A UNW employee who intends to request parental leave shall notify his/her supervisor in writing at least four weeks prior to the expected date of the commencement of parental leave.  In the case of an adoption, the employee shall notify their supervisor as soon as the application for adoption has been approved by the adoption agency or legal guardianship and custody papers have been drawn.  HRSDC approval for parental leave is also required.
32. The employee completes a request for time off work form, provides proof of the birth of the child or the adoption order or other authorizing document, and submits it to their supervisor for approval.  Authorizing documents for Aboriginal custom adoptions can be a signed copy of the Aboriginal Custom Adoption Recognition Act Certificate, statutory declaration from the birth mother or a signed and dated letter from an authority within the community (i.e., police officer, social service worker, nurse).
33. The employee consults with a benefits officer about parental leave and how it affects his/her other benefits. Answers to some commonly asked questions.
34. If the employee wants to receive the parental leave allowance, the Deputy Head and the employee sign a Parental Leave Agreement.  The employee agrees to return to work on a specific date for a period of at least six months.  If the employee does not fulfil his/her commitment, his/her allowance will be recovered on a pro-rated basis proportionate to the period of time the employee returned to work.
35. The Deputy Head approves the leave application for up to 37 weeks, or for NWTTA members 26 weeks.  The Department forwards the leave application to Client Services.  The benefits officer enters the leave into the HRIS.
36. Client Services starts the pay action reflecting the approved dates and parental leave agreement.  Employees receive 93% of their weekly rate of pay for the two-week EI waiting period.  For the remaining 15 weeks, payment will be for the difference between the EI benefit received and 93% of the weekly rate of pay.
37. Where an employee takes parental leave in conjunction with maternity leave, payment will be for the difference between the employment insurance benefit received and 93% of the weekly rate of pay for 17 weeks.
38. The Payroll Office issues a record of employment (ROE) to the employee on the last working day before his/her parental leave, or maternity leave in instances where an employee takes both maternity leave and parental leave. 
39. The Payroll Office uses ROE Web to complete the ROE.  The employee’s copy is mailed to the employee’s home address.  The employee may request to pickup the ROE instead of having it mailed.  HRSDC can access the ROE online.
40. The employee applies to the local HRSDC office for EI benefits.
41. The employee signs a release of information document, authorizing HRSDC to provide EI information to the Government of the Northwest Territories.
42. Client Services places the approved parental leave form, the parental leave agreement and all other documentation relating to the parental leave in the employee’s personnel file.
43. The employee notifies Client Services to add dependent(s) to his/her extended health and dental plan after the birth or adoption of a child.

UNW Collective Agreement
Article 21.05, Parental Leave

Collective Agreement with the NWTTA
Article 15.05, Parental Leave

Senior Managers' Handbook
Parental Leave

Excluded Employees' Handbook
Parental Leave