Government of New Brunswick
 

Policy Statement

Maternity Leave Provides a reasonable leave without pay for employees to take time off to give birth and care for a child.
 

 

Application

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Maternity Leave applies to:

  • Management and Non-Union employees of Parts I, II, and III of the Public Service

Maternity Leave does not apply to:

  • individuals working on a casual/temporary basis with less than six months of continuous service. 
  • unionized employees.  Refer to the appropriate collective agreement
  • those on personal service contract.  Refer to the terms of the contract.

Note: The Pay while on Maternity Leave section (below) only applies to regular employees.  It does not apply to individuals working on a casual/temporary basis.  
 

 

Special Application

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For Part II the Deputy Head of Part I Department of Education and for Part III the Chief Executive Officer has the authority to direct an employee to proceed on maternity leave at any time where, in his/her opinion:

  • (Part II) the employee cannot perform her normal work function
  • (Part III) the interest of the Regional Health Authority so requires.
 

Duration of Leave

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Upon request, employees shall be granted 5 months maternity leave without pay for a period beginning before, on or after the expected termination date of pregnancy, and ending not later than 5 months after the expected termination date of pregnancy.

Employees requesting extensions to this leave are referred to the childcare leave and leave without pay provisions.

The total of all such leaves surrounding a maternity event may not exceed 12 months.
 

 

Notice

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Notice must be given as follows:
 

Employees must By
Notify supervisor in writing of their intention to take maternity leave At least 3 months prior to the expected delivery date.
Notify supervisor in writing of their intention to proceed on maternity leave. At least 6 weeks prior the intended leave.

In case of unanticipated medical requirements, employees must notify their supervisor immediately.
 

 

Sick Leave

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Prior to the commencement of maternity leave, sick leave may be granted to an employee for illness arising from complications associated with her pregnancy, excluding delivery, upon production of an appropriate medical certificate.
 

 

Pay While on Maternity Leave

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NOTE: This section only applies to regular employees.  It does not apply to individuals working on a casual/temporary basis. 

Employees on maternity leave must receive 75% of their regular rate of pay.  Regular rate of pay is the rate of pay the employee was receiving the time maternity leave began and does not include:

  • retroactive adjustment of rate of pay
  • acting pay
  • any other form of supplementary pay.

Leave income at 75% of regular rate of pay is a combination of:

  • eligible Employment Insurance Benefits
  • employer pay.

The following table describes provisions under the Supplementary Unemployment Benefit Plan (SUB) pursuant to the Employment Insurance Act:
 

When Then… And on expected return..
During the first 2 week waiting period for Employment Insurance eligibility the employee receives a maternity allowance of 75% of regular rate of pay less any other monies earned during this period if the employee does not return to work,

she shall compensate the Employer for the allowance received
During the next 15 continuous weeks, an employee who:

- has completed 1 year continuous employment

- agrees to return to work for a period of at least 6 months and

- provides proof of application and eligibility for E.I. benefits.
the employee receives Employment Insurance Benefits

the employer pays an allowance to the employee equal to the difference between:
    
- the E.I. benefits the employee is receiving and

- 75% of her regular rate of pay.
if the employee does not return and work for a period of 6 months,

she shall reimburse the amount of allowance received on a pro-rata basis
 

Employee Benefits

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Employees on maternity leave will:

  • be able to continue contributions to insurance and health plans on a cost-shared basis with the employer during the period of leave where the plans allow it
  • continue to accrue credits for retirement allowance and vacation calculations
  • be credited with continuous service for the period of the maternity leave
  • not have a change to her anniversary date.

Employees on maternity leave will not:

  • accumulate sick leave credits during the leave period, though she retains previous earned sick leave credits.
  • For employees extending this period of leave, the child care leave and leave without pay provisions shall apply.

For employees extending this period of leave, the child care leave and leave without pay provisions shall apply.
 

 

Authorities

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Financial Administration Act, Section 6(1)(d)
Employment Standards Ac
t
(Section 42)
Board of Management Minutes as follows:

  • 87-876
  • 87-0580
  • 89.0274
  • 90.0426
  • 92.0317
  • 93.0657
  • 94.0279