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
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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.