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 a period of time for which a member is absent from work and this time off is not an employer-approved leave, and does not fall under any of the other work absence situations addressed in the Plan, such as a strike or lockout. 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 are not permitted during an unapproved absence. In addition, the member will not be able to purchase this period under HOOPP’s buyback provisions.
Health/Disability Leaves
Health and disability-related leaves are handled differently from other employer-approved leaves. See section 7 Disability Benefits (Click Here) for details.
Statutory Leaves
As required by the ESA, members continue to contribute for most statutory leaves, unless they choose in writing to stop contributing to the Plan. Employers are required to report start and end dates for all statutory leaves.
A statutory leave includes:
Pregnancy leave
Parental leave
Family medical leave
Organ donor leave
Family caregiver leave
Critical illness leave
Child death leave
Crime-related child disappearance leave
Domestic or Sexual Violence Leave
Sick Leave
Family Responsibility Leave
Bereavement Leave
Emergency Leave: Declared Emergency Leave and Infectious Disease Emergency Leave
Note: For more information, please refer to Declared Emergencies or Infectious Disease Emergency Leaves during COVID-19 in 5.6 Special Situations (Click Here).Reservist Leave
Note: For employees on a reservist leave, if the employer permits the member to contribute to HOOPP, contributions may be made by the member and matched by the employer. Members are entitled to a leave if they are a reservist and are deployed with the Canadian Military.
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, even if the member does not receive employment earnings for that leave period. Employers are required to report start and end dates for the leave.
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.
For more information how contributions for the leave should be determined, please refer to section 5.2 Employer Reporting – Reporting a Leave (Contributions) (Click Here) for details.
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.