Pregnancy and Parental Leave of Members of Council

Purpose statement

The Town of Oakville recognizes a member of Council’s right to take leave for the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member as required by and in accordance with section 270 of the Municipal Act, 2001.

Scope

This procedure provides guidance on how the Town of Oakville addresses a member’s pregnancy or parental leave in a manner that respects a member’s statutory role as an elected representative. In accordance with Section 270 of the Municipal Act, 2001, this procedure applies to members of Council.

Procedure

Town Council supports a member of Council’s right to pregnancy and/or parental leave in keeping with the following principles:

  1. A member is elected to represent his or her constituents.
  2. A member’s pregnancy and/or parental leave does not require Council approval and his or her office cannot be declared vacant as a result of the leave.
  3. A member will continue to receive communication from the Town as if the member were not on leave.
  4. A member reserves the right to participate as an active member of Council at any time during his or her leave.
  5. A member shall continue to receive all remuneration, reimbursements and benefits afforded to all members of Council.

Where a member of Council will be absent due to a pregnancy and/or parental leave, the member shall provide written notice to the Town Clerk and Director, Human Resources indicating expected start and end dates.

The Mayor may make temporary appointments to any committees, boards, task forces, etc. that are constituted by the Town of Oakville and where the member is the only member of Council on that body.

Notwithstanding, at any point in time during a member’s pregnancy or parental leave, the member may provide written notice to the Town Clerk of their intent to lift any of the temporary appointments to exercise their statutory role. The member shall provide written notice to the Town Clerk of any changes to their return date.

Definitions

Pregnancy and/or Parental Leave – an absence of 20 consecutive weeks or less as a result of a member’s pregnancy, the birth of a member’s child or the adoption of a child by the member in accordance with Section 259(1.1) of the Municipal Act, 2001.

Responsibilities

Members of Council and Town staff are responsible for adhering to the parameters of this procedure.

The Integrity Commissioner may investigate complaints against members related to this procedure.

Staff are authorized and directed to take the necessary action to give effect to this procedure.

The Town Clerk or Director, Human Resources or designates are delegated the authority to make administrative changes to this procedure that may be required from time to time due to legislative changes or if, in the opinion of both of them, the amendments do not change the intent of the procedure.

Procedure details

Procedure number: G-GEN-005-004
Parent policy: G-GEN-005
Section: Governance
Sub-Section: General
Author: Human Resources Department
Authority: Council
Effective date: 2019 Jan 28
Review by date: 2024

References

Municipal Act, 2001