Recent case law | Can a CBA extend maternity leave protections?
Published on :
03/04/2017
03
April
Apr
04
2017
Additional maternity leave instituted by a national collective bargaining agreement is deemed an exemption from remunerated work that does not offer the employee an additional period of protection from termination.
A national collective bargaining agreement (in this case, for the Bank sector) can allow for an employee to take an additional 45 days of paid leave after her legal maternity leave at full salary or 90 days off at half-pay. Such CBA provisions however, do not extend the employee’s protection from termination by the employer which she enjoyed during her initial maternity leave.
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