FPSLREB Decisions

Maternity allowance - Parental allowance - Period of time to be worked upon return - Whether two periods of time concurrent or consecutive - the grievor had gone on maternity leave, immediately followed by a period of parental leave, itself immediately followed by a period of care and nurturing leave - the collective agreement provided that the grievor work 975 hours within the 18 months following her return to work from a maternity leave - it also provided that the grievor work 562.5 hours within the 10 months following her return to work from a parental leave - the grievor returned to work and, 26 weeks (975 hours) later, left on maternity leave - the grievor argued that the two periods of time ran concurrently and that she had complied with both of them by working 975 hours - the employer replied that the two periods ran consecutively and that the grievor complied only with one of them - the adjudicator found nothing in the collective agreement to support the employer's position - the adjudicator added that specific language was needed to require the two periods to be worked one after the other. Grievance allowed.