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HomeMy WebLinkAboutBy-law No. 2022-025THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-025 BEING A BY-LAW TO ADOPT A COUNCIL PREGNANCY & PARENTAL LEAVE POLICY WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality shall adopt and maintain specific policies; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to adopt a Council Pregnancy & Parental Leave Policy; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT a Council Pregnancy & Parental Leave Policy attached as Schedule "A" be adopted; 2. THAT this by-law shall take force and effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17tn DAY OF MARCH 2O22. MAYOR Mi�A 9--_ unityis Council Pregnancy & Parental Leave Policy Section 1 — General Policy Statement The Municipality of Bayham recognizes a Member of Council's right to take leave for the Members' pregnancy, the birth of the Member's child or the adoption of a child by the Member in accordance with the Municipal Act, 2001. This policy provides guidance on how the Municipality of Bayham addresses a Member's pregnancy or parental leave in a manner that respects a Member's statutory role as an elected representative. Section 2 — Scope In accordance with Section 270 of the Municipal Act, this policy applies to Members of Council. This policy does not apply to Municipal Staff or Committee Members. Section 3 — Definitions "Clerk" shall mean the Clerk of the Municipality, or designate. "Council" shall mean the Council of the Municipality. "Mayor" shall mean the Mayor of the Municipality, or designate. "Member" shall mean a Member of Council. "Municipality" shall mean The Corporation of the Municipality of Bayham, "Pregnancy and/or Parental Leave" shall mean an absence of twenty (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. Section 4 — General Policy Principles The Municipality supports a Member of Council's right to pregnancy and/or parental leave in keeping with the following principles: 1. A Member of Council is elected to represent the interests of their constituents. 2. A Member's pregnancy and/or parental leave does not require Council approval and their office cannot be declared vacant as a result of the Pregnancy and/or Parental Leave. 3. A Member seeking Pregnancy and/or Parental Leave shall provide written notice of at least forty-eight (48) hours to the Clerk outlining the request and the expected duration, including potential start and end dates. a_ It is understood that, under certain circumstances, a Member may not be able to provide such notice in the aforementioned time frame. Nonetheless, each Member shall endeavour to provide appropriate notice prior to commencing, or after the commencement of Pregnancy and/or Parental Leave. b. The Clerk shall provide a copy of any written notice to the Mayor. The Member shall advise the Clerk, with proper notice, of any changes to their return date. The Member is entitled to continue to receive communication from the Municipality (Council packages, email, meeting invitations), as if the Member were not on Leave, in accordance with the wishes of the Member 5 While a Member is on Pregnancy and/or Parental Leave, Council may make temporary appointments to all Committee and/or Local Board vacancies created by the Member's Pregnancy and/or Parental Leave. 6.. Notwithstanding Section 5, at any point during a Member's Pregnancy and/or Parental Leave, the Member reserves the right to exercise their authority as a Member. The Member shall provide proper notice in writing of their intent to assume their role as a Member for any and all matters during their Pregnancy and/or Parental Leave. Such notice shall be provided to the Clerk. After notice is provided, the Pregnancy and/or Parental Leave shall be deemed concluded. During a Pregnancy and/or Parental Leave, a Member will not receive remuneration from the Municipality. Remuneration will re -commence at the conclusion of the Pregnancy and/or Parental Leave. Section 5 —Administration This Policy shall be administered by the Clerk. Any questions or comments regarding the Policy shall be directed to the Clerk or designate.