HomeMy WebLinkAbout5.2 Report 24-050 Approval of a New Policy Pregnancy and Parental Leave (Board Trustees).pdfAD-HOC POLICY COMMITTEE 04 April 2024
Report No.24-050
APPROVAL OF NEW POLICY P.149.GOV PREGNANCY AND
PARENTAL LEAVE (BOARD TRUSTEES)
Key Contact:Michèle Giroux,Executive Officer (Board Services),
613-596-8211 x 8310
PURPOSE:
1.To seek approval for new Policy P.149.GOV Pregnancy and Parental Leave
(Board Trustees).
STRATEGIC LINKS:
2.The creation of new policies and the revision of existing policies helps support
the goals and objectives of the District’s 2023-2027 Strategic Plan.Specifically,
the policy creation and review process aligns with good governance practices
under the Social Responsibility pillar and the OCDSB’s commitment to
well-being.
CONTEXT:
3.In May 2017,amendments to the Education Act mandated that school boards
permit trustees to take pregnancy or parental leave for up to 20 weeks without
requiring authorization from the board.Consequently,if a member takes such
leave and misses three consecutive regular board meetings within the 20-weeks,
their seat would not be declared vacant.
Specifically,the amendments state the requirement of “every school board to
adopt and maintain policies with respect to pregnancy leaves and parental leaves
of members of the board.Section 228 of the Act currently sets out circumstances
where a member of the board’s seat becomes vacant.A new subsection 228
(2.1)is added to provide that s.228(1)(b)does not apply to vacate the office of a
member of a board who is absent for 20 consecutive weeks or less if the
absence is the result of the member ’s pregnancy,the birth of the member ’s child
or the adoption of a child by the member.”
The Ontario Public School Board’s Association (OPSBA)provided a policy
template to assist school boards in the creation of a policy specific to Trustee
Report 24-050 Approval of New Pregnancy and Parental Leave Policy 1
Pregnancy and Parental Leave.Staff used this template and conducted a scan of
other district policies to help inform the draft policy,attached as Appendix A.
KEY CONSIDERATIONS:
4.Initial Proposed Changes
a.OPSBA Recommendations
The OPSBA template makes suggestions as to the policy content to
ensure alignment with the Education Act.
OPSBA suggests that the policy should articulate the following:
●Notice -The trustee will notify the Board as soon as reasonably
possible to inform it regarding an upcoming leave.
●Purpose -The trustee will indicate the purpose for the leave:
trustee pregnancy,birth of a member's child or the adoption of a
child by the member.
●Timing-The trustee will provide an expected date the leave is to
begin and conclude provided the leave does not exceed 20
consecutive weeks and begins no later than the date of a third
consecutively missed regular board meeting.
●Validation -The trustee will provide relevant medical documentation
(this could include medical certificates confirming pregnancy,proof
of birth date,or adoption agency statements).
●Reimbursement -
○Trustee Honoraria for base and enrolment amounts continue
to be provided during the leave period.(If the member is a
chair or vice-chair of the Board will the member continue in
that position?How will the honoraria for those positions be
handled?)
○Relevant trustee expenses will continue to be reimbursed
(i.e.cellphone,computer).
●Access to Information -the Trustee will continue to receive
board-related material and have access to information during the
leave.
●Participation and Community Awareness -The trustee will also
consider the following:
○Whether or not she/he will continue to participate in
board/committee meetings either in person or via electronic
means;
○How they intend to notify her/his community about their
leave and how the community will be supported during the
leave.
b.Pregnancy Loss
Report 24-050 Approval of New Pregnancy and Parental Leave Policy 2
With the recent addition of miscarriage,termination,or stillbirth as cases
considered for Canadian Employment Insurance (EI)benefits and leaves,
staff suggests the inclusion of language to support this within the new
policy.
5.Received Feedback and Key Changes
a.Fostering and Adoption
Public feedback from the launch of EngageOCDSB revealed a need for
the policy to recognize the complexities of adoption and fostering,
especially in determining dates of arrival of adopted children.Parents can
receive word of adoption on very short notice and/or may have the child
living with them through fostering and/or kinship prior to the official
adoption.Because of this,staff suggests a change of language to 4.5
which previously referred to “the expected date of arrival of the adopted
child”to now read “expected delivery date,the date of the medical
procedure/incident,or the expected date of gaining custody and/or
guardianship of the adopted child.”
b.Approval of Other Types of Leave
The Education Act amendments of 2017 granted trustees allowances for
pregnancy and parental leaves,eliminating the requirement for a formal
request by the trustee and approval by the Board.Feedback has been
received from both the Ad Hoc Policy Review Committee and the public
which suggest the addition of language to allow for leaves of absence of
other types.The Education Act only contemplates prolonged absences for
trustees in two instances,one as it relates to pregnancy and parental
leave and the other as a result of code of conduct sanctions.
The province is currently seeking input on proposed changes to in-person
attendance requirements for board and committee meetings (Ontario
Regulation 463/97 Electronic Meetings and Meeting Attendance).These
proposed adjustments are expected to impact the existing Policy
P.018.GOV Electronic Meetings of the Board and Committees.Once the
regulation is approved,the Board may consider a mechanism for granting
additional leave.
c.Privacy Concerns
Consultations revealed a need to accentuate privacy considerations for
Board discussions of Trustee leaves of absence.Staff suggests that
clause 3.3 be added to the policy,which reads “The Board respects the
privacy of Trustees and any necessary discussion of the reason for leave
shall be limited,follow OCDSB employee privacy standards,and,if
necessary,occur in closed session.”
RESOURCE IMPLICATIONS:
Report 24-050 Approval of New Pregnancy and Parental Leave Policy 3
6.The Policy outlines that during the leave period,trustees will continue to receive
their honorariums and attendance payments for statutory committee participation
if they are still attending and unless the trustee has elected to suspend it.
Additionally,trustee expenses will be reimbursed in alignment with Board
policies.It is worth noting that trustee honoraria payments are not subject to
Employment Insurance deductions (EI)which means that the earnings are not
insurable for employment insurance purposes.They would not be considered for
any type of statutory leave,including parental benefits.
COMMUNICATION/CONSULTATION ISSUES:
7.The draft policy was shared on the new EngageOCDSB platform to collect public
feedback between 02 February 2024 and March 08 2024 and with the Ad Hoc
Committee on 08 February 2024 at its meeting.The use of EngageOCDSB
helped garner a significant increase in feedback from the public and OCDSB
staff.This new consultation tool has helped support the Board’s commitment to
engaging with the community during the policy review process.
RECOMMENDATIONS
THAT the new Policy P.149.GOV Trustee Leaves of Absence,attached as
Appendix A to Report 24-050,be approved.
Michèle Giroux
Executive Officer (Board Services)
Pino Buffone
Director of Education and
Secretary of the Board
APPENDICES
Appendix A -Draft Policy P.149.GOV Pregnancy and Parental Leave (Board Trustees)
Report 24-050 Approval of New Pregnancy and Parental Leave Policy 4
POLICY P.149.GOV
TITLE:PREGNANCY AND PARENTAL LEAVE (BOARD TRUSTEES)
Date Authorized:XX Month 20XX
Last Revised:XX Month 20XX
Last Reviewed:XX Month 20XX
COMMITMENT TO INDIGENOUS RIGHTS,HUMAN RIGHTS,AND EQUITY
The Board recognizes its responsibility to ensure that this policy and associated procedures promote
and protect Indigenous rights,human rights,and equity.The Board will strive to address and
eliminate racism and structural and systemic barriers for students,staff,and the community.
1.0 RATIONALE
To support the facilitation of pregnancy and parental leaves for OCDSB Trustees,in
compliance with the Education Act.
2.0 DEFINITIONS
Please refer to Appendix A for a list of definitions of terms used in this policy.
3.0 GUIDING PRINCIPLES
3.1 The Board supports Trustees’entitlement to pregnancy or parental leave for up to 20
weeks without authorization from the Board.
3.2 Pregnancy and parental leave shall be available to any trustee who notifies the Board of
a planned absence due to pregnancy,giving birth,and/or otherwise becoming a parent,
including surrogacy and adoption.
3.3 The Board respects the privacy of Trustees and any necessary discussion of the reason
for leave shall be limited,follow OCDSB employee privacy standards,and,if necessary,
occur in closed session.
4.0 SPECIFIC DIRECTIVES
4.1 The Trustee shall notify the Chair of the Board as soon as reasonably possible of their
intent to take a pregnancy or parental leave.
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4.2 In the case of the Chair intending to take a pregnancy or parental leave,the notice of an
intended leave shall be given to the Vice-Chair.
4.3 The notice of a Trustee's intention to take a pregnancy or parental leave must include
the following:
a)the purpose for the leave;
b)the expected dates the leave is to begin and conclude;
c)clarification regarding whether and to what capacity the Trustee will continue to
fulfill responsibilities and participate in Board and/or committee meetings,either
in person or via electronic means;
d)details concerning how the Trustee intends to notify their community about the
leave period and how the community will be supported during the leave;and
e)in the case of a Chair or Vice-Chair requesting the leave,a request for the Board
to conduct an election to appoint an interim Chair or Vice-Chair for the duration of
their pregnancy or parental leave.
In addition,the Trustee shall provide relevant medical documentation to Employee
Wellness in support of their request
4.4 The Chair shall notify the Director and the Board of the intended leave and shall submit
relevant forms to the Director ’s office.The relevant forms shall be confidential and
accessible only to the Trustee,Chair and/or Vice-Chair,Director,and appropriate
District staff.
4.5 The allowed pregnancy or parental leave period may begin up to 20 weeks before or
finish up to 20 weeks after the Trustee’s expected delivery date,the date of the medical
procedure/incident,or the expected date of gaining custody and/or guardianship of the
child,including an adopted child.
a)Medical procedures/incidents include miscarriage,termination and stillbirth that
occur during the 17 weeks preceding the due date.
4.6 The Trustee on pregnancy or parental leave may continue to participate in any and all
responsibilities as a member of the Board,including Board and Committee meetings
(in-person and/or electronically),attending community meetings as a representative of
the Board,and any required internal or external communications.
4.7 The Trustee shall continue to receive Board-related material and have access to
information during the leave period.
4.8 A Trustee on pregnancy or parental leave is authorized to be absent for three or more
consecutive regular Board meetings during the leave period.
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4.9 While a Trustee is on pregnancy or parental leave there is no adjustment to quorum
requirements.
4.10 No Trustee shall be coerced or pressured to vacate or resign from their position as
Trustee during or leading up to the pregnancy or parental leave period.
4.11 The Trustee shall not forfeit their Board and Committee membership privileges during
the leave period.
4.12 Where the Trustee taking pregnancy or parental leave is on one or more Committees
and does not intend to fulfill those responsibilities while on leave,their alternate will be
assigned to those duties.Where no Committee alternate is named,the Chair of the
Board (or Vice-Chair in absence of the Chair),in consultation with the Director of
Education,may decide to assign one or more other Trustees to cover the duties of the
Trustee taking pregnancy or parental leave on the Committee.
4.13 Relevant Trustee expenses shall continue to be reimbursed during the leave period.
4.14 Trustee Honoraria shall continue to be provided during the leave period.
5.0 APPENDICES
Appendix A:Policy Definitions
6.0 REFERENCE DOCUMENTS
The Education Act
Municipal Elections Act
OCDSB By-laws and Standing Rules
Board Policy P.073.GOV Board Member Code of Conduct
Board Policy P.018.GOV Electronic Meetings of the Boards and Committees
Board Policy P.005.GOV Board Member and Student Trustee Expenses and Support Services
Board Procedure PR.503.GOV Trustee and Student Trustee Expenses for Professional
Development,Constituency Communications and Support Services
Board Policy P.004.GOV Board Member Honoraria
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APPENDIX A:Policy Definitions
In this policy,
Board means the Board of Trustees.
Trustee means a member of the Board elected or appointed in accordance with the Ontario
Municipal Elections Act and the Ontario Education Act.
District means the Ottawa-Carleton District School Board.
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