5.1 Leaves |
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For purposes of HOOPP administration, a leave is any period of time that a member has employer approval (or is permitted under the Employment Standards Act) to be absent from work.
An absence is any period of time for which a member is absent from work and this time off is not an employer-approved leave (i.e. an unapproved leave). An example of an absence that may not be approved by an employer as a leave could include a disciplinary suspension or a period when an employee does not get permission from their employer to be off work or fails to work a scheduled shift. Contributions can be made if you, as the employer, agree to contribute but contributions are not mandatory during absences that are not approved leaves.
Health/Disability Leaves
Health and disability-related leaves are handled differently from other employer-approved leaves. See section 7. Disablity Benefits for details.
Statutory Leaves
As required by the Employment Standards Act, 2000 (Ontario) (ESA), members continue to contribute for most statutory leaves, unless they choose in writing to stop contributing to the Plan.
Effective March 19, 2020, a statutory leave includes:
Pregnancy leave
Parental leave
Declared Emergency Leave
Family medical leave
Family caregiver leave
Infectious Disease Emergency Leave
Organ donor leave
Critical illness leave
Crime-related child disappearance leave
Child death leave
Domestic or Sexual Violence Leave
Sick Leave
Family Responsibility Leave
Bereavement Leave
Reservist Leave
Each of these leaves are defined in the ESA which sets out when these leaves are available to employees and how they apply. Employers are required to permit employees to take these types of leaves where eligible while maintaining employer-related benefits including HOOPP. Therefore, members do not require approval for these types of leaves and if a member decides to contribute for these periods of time, your organization must also make contributions at the required rate.
Other Types of Leaves
Short Term Leave – Leaves Less Than 31 Days
Contributions are mandatory for members and employers on any employer-approved leave that is 30 days or less in duration. If a member starts a short term leave (less than 31 days) but the leave subsequently exceeds 30 days, then the long term leave rules outlined below would apply.
Leaves Exceeding 30 Days
Members may contribute during any other employer-approved leave, regardless of the reason for the leave, as long as you approve the request to contribute. The maximum length of a leave is defined by you, not HOOPP – HOOPP does not set limits on the length of leaves. The ITA sets limits on the amount of pension service a member can build while they are away from work.
Therefore, for any leave greater than 30 days, unless it is a statutory leave, it is your role to determine if the leave is an approved leave or not.
If it is an approved leave then contributions can only be made if both the member and your organization agree to make them. If your organization does not agree to make contributions, the member may be eligible to buy back the service under HOOPP.
Strikes or Lock-Out Periods
Members may also choose to make contributions for strike or lock-out periods. If a member decides to contribute for these periods of time, your organization must also make contributions at the required rate.