ARCHIVED Appendix A - Examples

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Note: For ease of illustration only, the Leave Without Pay(LWOP) dates used in the majority of the following examples commence at the beginning of a month and end on the last day of the month. It is understood that this is not normally the case.

Example 1 (Parenting Leave split among several children)

LWOP Period: September 1, 1997 to January 31, 1998 (Maternity Leave)

Date of birth of the first child: September 8, 1997

The leave period that occurs prior to the date of birth of the child forms part of the 5-year cumulative limit. The remainder of the leave period from the date of birth to the end forms part of the 3-year cumulative limit for parenting leave. This employee has used 7 days of the 5-year limit; the balance available is 4 years, 358 days. She has used 146 days of the 3-year limit; the balance remaining is 2 years, 219 days.

LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-09-1997 to 07-09-1997 7 days 4 years, 358 days    
08-09-1997 to 31-01-1998     146 days 2 years, 219 days

This employee takes additional periods of parenting leave as follows:

  • LWOP Period: October 1, 1999 to March 31, 2000 (Maternity Leave)
  • LWOP Period: April 1, 2000 to December 31, 2000 (Care and Nurturing of Pre-school Age Children)
  • Date of birth of the second child: October 1, 1999

The leave period from October 1, 1999 to September 30, 2000 (365 days) forms part of the parenting leave limit; the balance remaining in the parenting leave is now 1 year, 219 days. The period in excess of 12 months following the date of birth of the child, October 1, 2000 to December 31, 2000 (92 days) forms part of the the 5-year limit along with the 7 days used in the initial leave period described above (September 1, 1997 to September 7, 1997). The balance remaining in the 5-year limit is now 4 years, 266 days.

LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-09-1997 to 07-09-1997 7 days      
08-09-1997 to 31-01-1998     146 days  
01-10-1999 to 30-09-2000     365 days 1 year, 219 days
01-10-2000 to 31-12-2000 92 days 4 years, 266 days    
  • LWOP Period: May 1, 2002 to October 31, 2002 (Maternity Leave)
  • Date of birth of third child: May 1, 2002

This leave period (184 days) forms part of the 3-year parenting limit. The balance remaining is now 1 year, 35 days, which may be used for any number of children, as long as the leave commences on or after the date of birth or adoption of the child and ends 12 months following the date of birth or adoption.

LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-09-1997 to 07-09-1997 7 days      
08-09-1997 to 31-01-1998     146 days  
01-10-1999 to 30-09-2000     365 days  
01-10-2000 to 31-12-2000 92 days 4 years, 266 days    
01-05-2002 to 31-10-2002     184 days 1 year, 35 days

Additional parenting leave may be taken as follows:

  • LWOP Period: March 1, 2004 to August 31, 2004 (Adoption Leave)
  • Date of adoption of fourth child: March 1, 2004
  • This leave period (184 days) forms part of the 3-year parenting limit. The balance remaining is now 216 days.
LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-09-1997 to 07-09-1997 7 days      
08-09-1997 to 31-01-1998     146 days  
01-10-1999 to 30-09-2000     365 days  
01-10-2000 to 31-12-2000 92 days 4 years, 266 days    
01-05-2002 to 31-10-2002     184 days  
01-03-2004 to 31-08-2004     184 days 216 days
  • LWOP Period: June 20, 2006 to December 19, 2006 (Maternity Leave)
  • LWOP Period: December 20, 2006 to May 31, 2007 (Care and Nurturing of Pre-School Age Children)
  • Date of birth of fifth child: June 20, 2006

The leave period from June 20, 2006 to January 21, 2007 (216 days) forms the balance remaining in this employee's parenting leave limit. The remainder of the leave period, from January 22, 2007 to May 31, 2007 (130 days) is included in the 5-year limit; the balance remaining in the 5-year limit is now 4 years, 136 days.

LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-09-1997 to 07-09-1997 7 days      
08-09-1997 to 31-01-1998     146 days  
01-10-1999 to 30-09-2000     365 days  
01-10-2000 to 31-12-2000 92 days      
01-05-2002 to 31-10-2002     184 days  
01-03-2004 to 31-08-2004     184 days  
20-06-2006 to 21-01-2007     216 days Nil
22-01-2007 to 31-05-2007 130 days 4 years, 136 days    

This example illustrates the fact that the 3-year parenting limit may be used for any number of children as long as the period used for parenting leave begins on or after the date of birth or adoption of the child and ends 12 months following the date of birth or adoption. It also illustrates that once the 3-year limit has been attained, additional periods of parenting leave are counted under the 5-year limit, as long as that maximum has not yet been reached.

Example 2 (Part-time Employee)

  • LWOP Period: January 1, 1997 to September 30, 1997 (Relocation of Spouse)
  • The employee works part-time, his Assigned Work Week (AWW) is 18.75 hours per week, and his Scheduled Work Week is 37.50 hours.
  • The leave period must be converted to a full-time equivalent leave period. Using the steps outlined in Subsection 3.3 of this Bulletin, the calculation is as follows:
    • Step 1
      • Count the number of calendar days in the LWOP period in the same manner as for a full-time employee: 273 days.
    • Step 2
      • Divide the employee's AWW by the SWW: 18.75 hours ÷ 37.50 hours = 0.50
    • Step 3
      • Multiply the number of days in Step 1 by the conversion factor calculated in Step 2: 273 days x 0.50 = 136.50 days. This employee has taken a total of 136.50 days of full-time equivalent LWOP which forms part of the 5-year pensionable limit. The balance remaining is now 4 years, 228.50 days of full-time equivalent LWOP.

Example 3 (Election for prior period of LWOP that the employee originally opted not to count as pensionable service)

  • Leave Period: March 1, 1996 to December 31, 2000 (Care and nurturing of Pre-School Age Children)
  • Date of birth of child: April 2, 1994

The total leave period is 4 years, 306 days. Upon return to duty, the employee opts not to count the leave period, beyond the first 3 months, as pensionable service. The period of the LWOP that is pensionable is 92 days (the first 3 months); the period that is non-pensionable is 4 years, 214 days.

LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-03-1996 to 31-05-1996 92 days 4 years, 273 days   3 years
  • LWOP Period: April 1, 2001 to June 30, 2002 (Relocation of Spouse)

The employee counts this service as pensionable. The leave period (1 year, 91 days) forms part of the 5-year maximum limit. The employee has now used 1 year, 183 days; the balance remaining is 3 years, 182 days.

LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-03-1996 to 31-05-1996 92 days      
01-04-2001 to 30-06-2002 1 year, 91 days 3 years, 182 days   3 years

Later, the employee makes an election to count his prior period of non-pensionable LWOP (4 years, 214 days) as pensionable service. This period will be counted under the 5-year maximum limit. It cannot be counted under the 3-year parenting limit because it occurred more than a year following the date of birth of the child.

However, the entire period of 4 years, 214 days is not elective, because, when added to the previous leave periods (total of 1 year, 183 days), the 5-year maximum permitted LWOP limit is exceeded. The employee can elect only for the portion that forms the balance of pensionable leave available.

In this case, the balance of pensionable leave is 3 years, 182 days. The employee must elect for the period of the service that is most recent in point of time. This would be the period from July 3, 1997 to December 31, 2000 (3 years, 182 days). This employee has now reached the 5-year maximum pensionable limit. The 3-year parenting limit is still available. The period from June 1, 1996 to July 2, 1997 is non-elective and will remain as non-pensionable service.

LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-03-1996 to 31-05-1996 92 days      
01-04-2001 to 30-06-2002 1 year, 91 days      
03-07-1997 to 31-12-2000 3 years, 182 days Nil   3 years

Example 4 (Dual Employment during a period of LWOP)

  • LWOP Period: March 1, 2001 to November 30, 2005 (Relocation of Spouse)
  • Employed in another Public Service position: May 1, 2004 to March 6, 2005

As described in Subsection 2.10 of this Bulletin, when an employee is on LWOP from his substantive position and is employed in another position in the Public Service during the leave, the LWOP period from the substantive position is not included when determining the employee's pensionable LWOP limits. In this case the period of LWOP from March 1, 2001 to April 30, 2004 (3 years, 61 days) forms part of the 5-year limit. The period from May 1, 2004 to March 6, 2005 (310 days) is not included in the 5-year limit. The period from March 7, 2005 to November 30, 2005 (269 days) forms part of the 5-year limit. This employee has used 3 years, 330 days of the 5-year limit; the balance available is 1 year, 35 days.

LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-03-2001 to 30-04-2004 3 years, 61 days      
01-05-2004 to 06-03-2005 Nil      
07-03-2005 to 30-11-2005 269 days 1 year, 35 days   3 years

Example 5 (LWOP period overlaps January 1, 1996; Election for prior period of LWOP that the employee originally opted not to count as pensionable service)

  • LWOP Period: February 1, 1995 to October 8, 1996 (Educational Leave)

Upon return to duty, the employee opts not to count the leave period, beyond the first 3 months, as pensionable service. Later, he decides to count the non-pensionable period (May 1, 1995 to October 8, 1996), as pensionable service. The full election is valid; however, the period from May 1, 1995 to December 31, 1995 is not part of the 5-year limit, since it occurred prior to January 1, 1996. The period from January 1, 1996 to October 8, 1996 (281 days) does form part of the 5-year limit; the balance is now 4 years, 84 days.

LWOP Period 5-year Pensionable LWOP Limit 3-year Pensionable LWOP Limit
Portion Used Balance Available Portion Used Balance Available
01-05-1995 to 31-12-1995 Nil      
01-01-1996 to 08-10-1996 281 days 4 years, 84 days   3 years