Policy: 3.12 Special Leaves Policy 
Section: Personnel

Download Special Leaves Policy

1.Purpose  

The purpose of this policy is to provide employees with the opportunity to take leave under special circumstances while maintaining a clear and consistent process for approval and documentation. It ensures that employees are treated fairly and that the organization can effectively manage absences.  This policy specifically outlines situations involving Special Leaves as identified below some of which are also discussed in greater detail in this policy.

2. Authority

Under NACC By-laws, directors may adopt, amend, or repeal policies relating to the governance, management, operation, and affairs of the Corporation that are not inconsistent with the NACC’s By-laws, as the directors may deem appropriate from time to time.

3. Policy  

a) It is NACC policy that the Association will follow and comply with standards established by The Employment Standards Code of Manitoba and its Regulations for all employees unless an employee has an employment contract providing for additional benefits.

b) The Employment Standards Code sets out several different statutory leaves of absence that can be taken by employees. For a complete list and details regarding each leave, please consult the Code. When an employee takes a either a voluntary or statutory leave of absence, the employee must make management aware by notifying their manager in writing.  Below are the available statutory leaves prescribed by The Employment Standards Code that require employees to notify management in writing prior to commencing the leave: 

  • Compassionate Care Leave
  • Leave for Citizenship Ceremony
  • Leave for Organ Donation
  • Leave for Reservists 
  • Leave Related to Critical Illness
  • Maternity Leave & Parental Leave 

c) Employees must notify their manager in writing as soon as is reasonable before taking the above statutory leaves. However, if, due to their circumstances, they must commence the leave before notifying management, they must submit the request as soon as possible. 

d) Also, the NACC may require that the employee provides evidence reasonable in the circumstances that they were entitled to the leave. 

e) Below are the available statutory leaves prescribed by The Employment Standards Code that require employees to notify management prior to commencing the leave: 

  • Bereavement Leave
  • Family Leave
  • Interpersonal Violence Leave
  • Leave Related to the Death or Disappearance of a Child
  • Long-Term Leave for Serious Injury or Illness
  • Public Health Emergency Leave (when in place) 

f) Employees must notify their manager in writing as soon as is reasonable before taking the above statutory leaves of absence. However, if, due to their circumstances, they must commence the leave before notifying management, they must do so as soon as possible. 

g) If an employee is uncertain about the application of this policy, then they should consult with the Executive Director.

h) The purposes of the foregoing leaves, their length, and eligibility criteria vary. An employee may be entitled to more than one leave for the same event. Each leave is separate and the right to each leave is independent of any right an employee may have to the other leave(s). 

i) Unless otherwise stated in this policy, or required by law, while an employee is on a leave, their terms of employment may or may not remain the same; if NACC is obliged to continue to pay its share of the premiums required to maintain benefits, if any, which were available to the employee prior to the leave it will, but note NACC may not be required to do so in all cases.  Additional guidance is provided below for:

  • Special Leave
  • Jury Duty
  • Family Leave
  • Sick Leave
  • Bereavement Leave
  • Maternity and Parental Leave

4. Special Leaves

a) General

At the discretion of their immediate supervisor and upon approval of the Executive Director, *special* leave(s) may be granted when circumstances not directly attributable to the employee prevents them from reporting for duty.  This may include doctors’ appointments, or when there is illness in the employee’s immediate family, or other circumstances.  

b) Guidelines

  1. All requests for special leave must be in writing to the employee’s supervisor with at least two (2) weeks notice with the exception of extreme circumstances.
  2. Except with the approval of the Executive Director, paid special leave shall not be granted.
  3. While on paid leave, any employee found to be in receipt of remuneration for their services with any organization other than the NACC may be subject to the corrective discipline.
  4. Holidays and/or sick days will not accrue during a leave of absence, paid or unpaid. 
  5. Earned holidays will not be used to extend a leave of absence unless otherwise authorized.  If an employee returns to work after the extinguishments of a leave of absence, the leave will be considered as continuous service for seniority purposes and the anniversary date shall remain the same.
  6. Any extensions of leave as provided herein must be accompanied by the written consent of the Executive Director.
  7. Any employee who does not receive written consent for an extension of leave and does not return to work by the date prescribed will be considered to have resigned their position with the NACC.

c) The NACC recognizes that there may be times when employees need to take a leave of absence from work for reasons other than those identified above. While it is impossible to define all the circumstances in which an employee will require time away from work, this policy is intended to provide some general guidelines. 

d) NACC will consider, among other things, the following factors when it receives requests for a leave of absence not otherwise legislated: 

  • Previous requests for a leave of absence;
  • The availability of suitable replacement staff;
  • The time of year at which the request is made; and,
  • The purposes of the leave. 

e) All requests for a leave of absence will be considered on an unpaid basis and without a continuation of benefits, unless otherwise stated and expressly indicated in writing by the NACC, or required by law, or stated in this policy below. 

5. Jury Duty

a) Jury Duty – General

In accordance with section 24.1(1) of The Jury Act, C.C.S.M. c. J30, staff members serving on jury duty will be granted an unpaid leave of absence sufficient for the purpose of discharging the employee's duties.

b) Jury Duty -Guidelines      

  1. Employees must notify the Executive Director as soon as possible in the event they receive notice to report for jury duty. 
  2. If scheduling is not convenient for NACC Employees may be provided with a letter to request that jury duty be postponed.
  3. An employee's service and/or benefits are not affected by the leave. An Employee's vacation entitlement, and sick time credits will continue to accumulate.
  4. Employees must return to work for any reasonable time the court is closed during normal work hours.
  5. No adverse employment action will be taken against Employees due to their service as a juror in provincial or federal courts.

6. Family Leave

a) Family Leave - General

In accordance with the statutory leaves prescribed by The Employment Standards Code, employees will be eligible for three (3) unpaid Family Leave days. As an added benefit, employee of NACC will be provided with three (3) days of paid time off to deal with family responsibilities or personal illness as Family Leave. These days cannot be carried into the following year and cannot be used to extend vacation time. 

b) Family Leave - Guidelines

  1. All employees employed for at least thirty (30) days are entitled to this leave  
  2. Children, stepchildren, parents, grandparents, spouses, common law spouses, aunts, uncles, nieces and nephews are all considered family. The definition also includes close friends or neighbors who are not related, but are considered a family member.
  3. Family leave is earned from April 1 to March 1.  Unused portions do not carry over to future years and no time off will be given in lieu of Family leave. 
  4. Employees must provide NACC with as much notice as reasonable and practical when requesting Family Leave. They must also provide reasonable verification that the leave is necessary, if requested by NACC.

7. Sick Leave

a) Sick Leave - General

  1. Full time employees shall earn sick leave at the rate of one-and-one quarter (1.25) paid days for Sick Leave each month of continuous service up to a maximum of fifteen (15) days per year; part time employees shall earn sick leave on a pro-rated basis related to their hours.   Casual employees are not eligible for sick leave.
  2. Employees are eligible for sick leave benefits after completion of their probationary period.

b) Sick Leave - Guidelines

  1. Sick leave shall be granted when an employee is unable to be at work and perform their regular duties as a result of illness or injury.
  2. Employees who are absent from work due to illness must notify their immediate supervisor.  This notice must be given on each consecutive shift thereafter, unless absence of several shifts is predictable and is discussed with their immediate supervisor, or a medical certificate stating projected return date is submitted.  Employees not meeting these conditions will be considered absent unless a satisfactory explanation is given to their supervisor.
  3. A medical certificate may be requested to verify illness/injury or to verify the employee is fit to return to work.
  4. Sick leave shall not accumulate during periods when an employee is on sick leave or workers compensation for more that ten (10) working days; or is absent without leave.
  5. If the employee is absent due to illness/injury for a period exceeding their sick leave benefits, they must request unpaid leave, in writing, to the Executive Director stating the amount of unpaid leave required and projected date of return.
  6. Sick leave is not used in the calculation of overtime.
  7. If an employee is scheduled to work a holiday and sick leave is requested then sick time benefits will be utilized at the same rate as pay would have been accrued for that day.
  8. In the event of illness of a child or immediate family member (see Bereavement Leave for definitions) or a family crisis, the employee is entitled in one day off per event to a maximum of nice (9) days per calendar year from his/her accumulated sick leave credit. Children include the employee’s own children and those children for whom the employee stands in “loco parentis.”
  9. There is a maximum of fifteen (15) days of accumulated sick leave.
  10. These days cannot be accrued into the following year and cannot be used to extend vacation time. 
  11. No time off or pay thereof will be given in lieu of sick leave.

8. Bereavement Leave

a) Bereavement Leave - General

  1. In accordance with the statutory leaves prescribed by The Employment Standards Code, employees will be eligible for three (3) days unpaid Bereavement Leave. 
  2. As an added benefit, an employee of NACC will be provided with three (3) paid days for Bereavement Leave with up to two (2) additional paid days for reasons of travel per calendar year for employees in the unfortunate circumstance of a death of a family member.  These days cannot be carried into the following year and cannot be used to extend vacation time. 
  3. *Family* member is defined as father, mother (or alternatively stepfather, stepmother), brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law-spouse), stepchild, ward of the employee, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, and relative permanently residing in the employee’s household or with whom the employee permanently resides.  The definition also includes close friends or neighbors who are not related, but are considered a family member.

b) Bereavement Leave - Guidelines

  1. Employees working for at least thirty (30) days with NACC are entitled to paid Bereavement Leave.
  2. Bereavement leave will not be provided in lieu of regular scheduled days off.
  3. If special circumstances exist, the Executive Director may grant an extension of unpaid bereavement leave for a death within the employee’s immediate family or may approve bereavement leave for a death occurring outside the employee’s family.
  4. The Executive Director may request reasonable verification of the need for bereavement leave.
  5. Bereavement leave is earned from April 1 to March 1.  Unused portions do not carry over to future years and no time off will be given in lieu of Bereavement leave. 
  6. Employees must provide NACC as much notice as reasonable and practical when requesting Bereavement Leave. They must also provide reasonable verification that the leave is necessary, if requested by NACC. 

9. Parental Leave

a) Maternity and Parental  Leave - General

  1. Every full-time employee who has completed seven (7) months of continuous service with the NACC is entitled to and shall be granted unpaid maternity or parental leave.
  2. Every employee who intends to take leave of absence under these provisions shall give at least four (4) weeks notice in writing and inform the Executive Director of the length of leave intended to be taken, unless there is a valid reason why such notice cannot be given.  A written notice will also be required at least four (4) weeks in advance if the employee intends to change the length of leave to be taken.
  3. An employee shall be granted special leave with pay to a maximum of one (1) day for needs directly related to the birth of their child.  This leave may be divided into two (2) parts and granted on separate days.
  4. If a father and mother both work for the NACC they are entitled to a maximum of fifty-four (54) weeks of unpaid Maternity and Parental Leave in total.

b) Maternity and Parental Leave - Guidelines

i) Resumption of Employment

The NACC shall reinstate the employee in the position occupied prior to the maternity or parental leave.  If for valid reasons this is not possible, the employee will be reinstated in a comparable position with the same salary and benefits and in the same location. If an employee is unable to return to work at the conclusion of their maternity or parental leave entitlement because of medical complications arising out of the pregnancy or delivery, they may be granted an unpaid leave of absence of up to six (6) months, provided an application to the Executive Director is made at least six (6) weeks prior to the expiration of benefits.

ii) Rights to Notice of Employment Opportunities

An employee who takes a leave of absence from employment under the maternity and parental leave provisions is entitled, upon written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period of leave of absence and for which the employee is qualified.

iii) Rights to Benefits

  1. Employee benefits and seniority will be continued during the entire period of the maternity or paternity leave.  If the employee normally contributes financially to such plans while working, the required contributions must be made on return to duty.
  2. Maternity and parental leave shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave.  Time spent on such leave shall be counted for pay increment purposes.
  3. During a period of leave under the maternity and parental clauses, the employee will be allowed to use any annual leave credits accumulated prior to the period of child care leave.

iv) Employment Standards Code

All other provisions governing maternity and parental leave shall be followed as per the Employment Standards Code.

10. Monitoring and Review

This policy will be reviewed every two (2) years by the Executive Committee or more frequently if required to ensure compliance with any changes in employment standards to ensure its continued relevance and alignment with the NACC’s operations. Changes to the policy will be documented and communicated to the Board for approval. 

5. Board Acceptance

This policy will be approved by the Board of Directors. The President / Chair of the Board will sign and date the policy to indicate its approval and adoption. 

Reviewed:  June 23, 2025 

Revisions Approved: June 23, 2025