Whereas the BC Employment Standards Act guarantees the rights of parents to maternity and parental leave; And whereas the Local Government Act and Community Charter fail to protect parental rights of local government elected officials, requiring council or regional district board approval of leave for elected officials who become parents: Therefore be it resolved that UBCM encourage the provincial government to amend the Local Government Act and the Community Charter to guarantee maternity and parental leave for elected officials to be consistent with the Employment Standards Act provisions following the birth or adoption of a child; And be it further resolved that the legislation be amended to permit the elected official to return to work on the same terms that were in place at the start of their leave, and that any changes in the elected officials appointments to committees, boards or commissions will not be made as a result of the maternity or parental leave.
Ministry of Community, Sport and Cultural Development The Ministry of Community, Sport and Cultural Development recognizes that maternity and parental leave for elected officials is an important issue. As noted by the Resolutions Committee, this is the first time UBCM has brought this issue to the Provinces attention. Given its complexity, any consideration of changes to legislation on this topic would first require significant analysis, including a clearer understanding of a range of issues such as: the existing legislative, contract, policy and common law framework around employee leave; whether elected officials can be considered employees under the Employment Standards Act for these purposes; and if so, implications that might have for elected officials status for other purposes. Work to explore these issues would need to be undertaken jointly with the Ministry of Jobs, Tourism and Skills Training which has responsibility for the Employment Standards Act. If there is interest, the Ministry is open to further dialogue with UBCM on this topic. Currently, local governments have full authority to grant leave for a wide variety of reasons to elected officials and establish policies for such leave including handling of appointments such as to boards and committees , and other duties during the leave and upon return. The existing authority affords individual communities full range to consider their unique circumstances in determining policies related to various types of leave.