Compassionate Care Leave

Effective January 4, 2004, the federal Employment Insurance Act and the provincial Employment Standards Code were amended to provide for employment insurance benefits and leave from work benefits to employees to provide care or support to a gravely ill family member.

Brandon University will provide unpaid leave for Compassionate Care Leave of up to eight (8) weeks in accordance with the following:

1. An employee wishing to take Compassionate Care Leave:
   1. must have been employed for at least thirty (30) days,
   2. must normally provide at least one pay period notice,
   3. must provide, as soon as possible, a copy of the physician’s certificate (specific for this purpose) that states an employee’s family member has a serious medical condition with a significant risk of death within twenty-six (26) weeks and the family member requires the care or support of one or more family members,
      is eligible to maintain all employee benefits during the period of leave by paying both employer and employee premiums in advance of the leave, and
   4. may not take more than two (2) periods of leave totaling no more than eight (8) weeks, which must end no later than twenty-six (26) weeks after the day the first period of leave began. No period of leave may be less than one week’s duration.
2. Unless the University and the employee agree otherwise, the employee may end the leave earlier than the approved expiry date by giving the University at least forty-eight (48) hours notice of the expected date of return.
3. At the end of the employee’s leave, the University shall reinstate the employee to the position the employee occupied when the leave began or to a comparable position with not less than the wages and any other benefits earned by the employee immediately before the leave began.

Definitions for the purpose of this policy:

“family member” shall be defined as the employee’s child or the child of the employee’s spouse or common-law partner, the employee’s spouse or common-law partner, the employee’s father/mother, the spouse or common-law partner of the employee’s father/mother, or any other person who is a member of a class of persons prescribed in the regulations for the purpose of this definition.

“common-law partner” shall be defined as a person who has been living in a conjugal relationship with that person for at least a year.

“care or support” means providing psychological or emotional support, or arranging care by a third party, or directly providing or participating in the care.

Prepared by: Barb Smith
January 19, 2004
Approved by PAG February 4, 2004