Employee Leaves Policy (Canada)

Reviewed: December 2015

Availability: HR Policies Site in CIBC and Me – Employee Leaves Policy (Canada)

Executive Approval: Sandy Sharman, Executive Vice-President and Chief Human Resources Officer

Next Review: October 2018

Employee Leaves Policy (Canada)

Reviewed: December 2015 CIBC Internal Use Only TOC

Table of Contents 1. Summary ............................................................................................................ 1 2. Intent ................................................................................................................. 1 3. Audience / Scope ............................................................................................... 1 4. Definitions .......................................................................................................... 1

4.1. Child ............................................................................................................. 1 4.2. Critical Illness ................................................................................................ 1 4.3. Date of Hire ................................................................................................... 1 4.4. Family Member ............................................................................................... 2 4.5. Government Income Benefits ........................................................................... 2 4.6. Grave Illness .................................................................................................. 3 4.7. Parent ........................................................................................................... 3 4.8. Regular Hours ................................................................................................ 3 4.9. Reservist ....................................................................................................... 3 4.10. Service ........................................................................................................ 3 4.11. Service Date ................................................................................................ 3 4.12. Top Up Payments .......................................................................................... 3 4.13. Vacation Entitlement ..................................................................................... 3 4.14. Workweek .................................................................................................... 4

5. Policy Requirements ........................................................................................... 4 5.1. Child Care Leave ............................................................................................ 4

5.1.1. Eligibility and Waiting Period .................................................................... 4 5.1.2. Standards .............................................................................................. 4

5.2. Compassionate Care Leave .............................................................................. 6 5.2.1. Eligibility and Waiting Period .................................................................... 6 5.2.2. Standards .............................................................................................. 7 5.2.3. Top Up Payments While on Compassionate Care Leave ................................ 7

5.3. Critical Illness Leave ....................................................................................... 8 5.3.1. Eligibility and Waiting Period .................................................................... 8 5.3.2. Standards .............................................................................................. 8 5.3.3. Top Up Payments While on Critical Illness Leave ......................................... 8

5.4. Death or Disappearance Leave ......................................................................... 9 5.4.1. Eligibility and Waiting Period .................................................................... 9 5.4.2. Standards ............................................................................................ 10 5.4.3. Top Up Payments While on Leave ........................................................... 10

5.5. Personal Leaves of Absence ........................................................................... 10 5.5.1. Eligibility and Waiting Period .................................................................. 10 5.5.2. Standards ............................................................................................ 11 5.5.3. Exceptions ........................................................................................... 11

5.6. Leave to Campaign for Public Office ................................................................ 12 5.6.1. Eligibility and Waiting Period .................................................................. 12 5.6.2. Standards ............................................................................................ 12

Employee Leaves Policy (Canada)

Reviewed: December 2015 CIBC Internal Use Only TOC

5.7. Reservist Leave Greater than 10 Days ............................................................. 12 5.7.1. Eligibility and Waiting Period .................................................................. 12 5.7.2. Standards ............................................................................................ 12

5.8. Code of Conduct and Policy Adherence ............................................................ 13 5.9. Retaining Documents .................................................................................... 13 5.10. Returning to Work ....................................................................................... 13 5.11. Additional Statutory Leaves .......................................................................... 13 5.12. Additional Guidance and Administrative Considerations .................................... 13

6. Resolving Concerns .......................................................................................... 13 6.1. Enquiries ..................................................................................................... 13 6.2. Resolution Process ........................................................................................ 13

7. Monitoring and Oversight Mechanisms ............................................................. 14 8. Roles and Responsibilities ................................................................................ 14

8.1. Employees ................................................................................................... 14 8.2. People Managers .......................................................................................... 14 8.3. Human Resources ......................................................................................... 15

8.3.1. Human Resources and Employee Relations ............................................... 15 8.3.2. Vice-President, ERPG & HRO ................................................................... 15 8.3.3. Executive Vice-President and Chief Human Resources Officer ..................... 15

9. Maintenance and Review .................................................................................. 15 10. Links .............................................................................................................. 15

10.1. Related CIBC Policies ................................................................................... 15 10.2. Supporting Materials ................................................................................... 16

Addendum for Employees Whose Employment is Government by Provincial or Territorial Legislation ........................................................................................... 17 1. Standards ......................................................................................................... 17 2. General Information Regarding Child Care Leaves ........................................... 18 3. Additional Statutory Leaves by Province or Territory ....................................... 19

3.1. Alberta ........................................................................................................ 19 3.2. British Columbia ........................................................................................... 19 3.3. Manitoba ..................................................................................................... 19 3.4. New Brunswick ............................................................................................. 20 3.5. Newfoundland and Labrador ........................................................................... 20 3.6. Nova Scotia ................................................................................................. 20 3.7. Ontario ........................................................................................................ 20 3.8. Prince Edward Island ..................................................................................... 21 3.9. Quebec ........................................................................................................ 21 3.10. Saskatchewan ............................................................................................ 22

4. Other Statutory Leaves for Employees Whose Employment is Governed by Provincial or Territorial Legislation ...................................................................... 22

Employee Leaves Policy (Canada)

Reviewed: December 2015 CIBC Internal Use Only 1

1. Summary

The Employee Leaves Policy (Canada) (the “Policy”) provides for various types of leaves of absence, including leaves of absence provided for by applicable employment standards legislation.1 For information related to the administration of leaves of absence, refer to the Employee Leaves Guidelines (Canada) (the “Guidelines”).

2. Intent

The Policy helps ensure employees are treated fairly and consistently in matters related to employee leaves of absence, while balancing CIBC’s operational and business requirements. The Policy also facilitates compliance with applicable laws.

3. Audience / Scope

The Policy applies to all employees of the Canadian Imperial Bank of Commerce and its wholly owned subsidiaries in Canada (collectively, “CIBC”) who meet the eligibility criteria set out in the Policy, and whose primary place of employment is in Canada. The Policy also applies to employees covered by a collective agreement. In the case of an inconsistency between sections of the Policy and a collective agreement article, the collective agreement article will apply. The Policy does not apply to temporary agency workers, contractors and service provider workers providing support to CIBC (collectively, “contingent workers”).

4. Definitions

For the purposes of the Policy, the following definitions apply:

4.1. Child A child refers to an individual under 18 years of age who is considered to be the child of a parent, in accordance with applicable legislation.

4.2. Critical Illness For the purposes of Critical Illness Leave, a critical illness refers to a serious illness or injury where a child’s life is at risk as a result of the illness or injury.

4.3. Date of Hire Date of hire refers to the date an employee starts work at CIBC in either a regular full-time, regular part-time or temporary position.

1 For information relating to time away from work that is of a shorter duration (e.g., bereavement, personal days, personal illness or injury, time off to vote, jury duty or witness duty), refer to the Employee Time Off Policy (Canada).

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4.4. Family Member A family member refers to any of the following individuals: An Employee’s: An Employee’s Spouse Or Common Law Partner’s:

• Spouse or common-law partner (including same sex and conjugal for one year)

• Child or ward • Parent, step-parent or common-law partner of

parent • Current guardian • Brother, stepbrother, sister, stepsister • Grandparent, step-grandparent • Grandchild • Relative who permanently resides in the employee’s

household

• Child • Parent, step-parent or common-law partner of

parent • Brother, stepbrother, sister, stepsister • Grandparent • Grandchild

For the purposes of compassionate care leave only, a family member also refers to any of the following individuals: An Employee’s: An Employee’s Spouse or Common Law Partner’s:

• Grandchild’s spouse or common-law partner • Son-in-law, daughter-in-law (either married or

common-law), and their step children • Uncle, aunt and their spouse or common-law

partner • Nephew, niece and their spouse or common-law

partner • Current or former foster parent • Current or former foster child and their spouse or

common-law partner • Former ward • Former guardian and their spouse or common-law

partner • An individual with a grave illness who considers the

employee to be like a family member (e.g., a close friend or neighbour)

• Step-grandparent • Step-grandchild • Son-in-law, daughter-in-law (either married or

common-law) • Uncle or aunt • Nephew or niece • Current or former foster parent • Current or former ward

4.5. Government Income Benefits Government income benefits refer to Employment Insurance (EI)2 and Quebec Parental Insurance Plan (QPIP)3 benefits.

2 EI provides temporary financial assistance to individuals who meet the criteria set out by Employment and Social Development Canada (ESDC). The maternity and parental benefits only apply to individuals who reside outside of the province of Quebec. For more information, refer to the Service Canada website (www.servicecanada.gc.ca). 3 QPIP provides temporary financial assistance to individuals who reside in the province of Quebec and are pregnant, have recently given birth, are adopting a child, or are caring for a newborn child. For more information, refer to the QPIP website (www.rqap.gouv.qc.ca).

Employee Leaves Policy (Canada)

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4.6. Grave Illness A grave illness refers to a serious medical condition with a significant risk of death within 26 weeks from the date that a medical certificate is issued by a qualified medical practitioner, or the start date of a compassionate care leave, whichever is earlier.

4.7. Parent A parent refers to an individual who is considered to be the parent of a child, in accordance with applicable legislation.

4.8. Regular Hours Regular hours refers to the number of hours an employee is scheduled to work each workweek on a consistent basis and are used to calculate the employee’s regular pay and entitlement to earnings-based benefits.

4.9. Reservist A reservist refers to a member of the reserve force of the Canadian Armed Forces.

4.10. Service Service refers to the time in which an employee was in a regular full-time or regular part-time position working 7.5 regular hours or more per workweek, and does not include any periods of employment during which an employee was not eligible to receive benefits or, in the case of a rehired employee, any periods of prior employment with CIBC.

4.11. Service Date For the purpose of vacation, service date refers to the date an employee last became eligible for benefits at CIBC.

4.12. Top Up Payments Top up payments refer to the monetary payments CIBC provides eligible employees to subsidize government income benefits.

4.13. Vacation Entitlement Vacation entitlement is comprised of two parts:

1. Vacation Time: Vacation time refers to the accrued time to be taken by an employee for their annual vacation entitlement. Vacation time is granted on an annual basis and is determined by an employee’s date of hire or service date, whichever is earlier (the “vacation entitlement date”).and job level.

2. Vacation Pay: Vacation pay refers to the compensation provided to an employee for their annual vacation entitlement. Vacation pay is calculated as a percentage of wages earned by the employee during the applicable calendar year, or as described in the compensation plan documents which apply to the employee. Unless otherwise set out in the Employee Leaves Guidelines (Canada), vacation pay is only earned during periods of active or paid employment (including, during short term disability leave (STD)).

Employee Leaves Policy (Canada)

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4.14. Workweek Workweek refers to the period from midnight on Saturday to midnight on the immediately following Saturday.

5. Policy Requirements

5.1. Child Care Leave

5.1.1. Eligibility and Waiting Period All employees are eligible for child care leave. There is no waiting period.

5.1.2. Standards Unless a top up payment is provided (refer to section 5.1.2.5 below), child care leave is unpaid. There are three types of child care leave:

• Maternity leave: Maternity leave is for the delivery and care of a newborn child and the birth mother’s recovery from delivery. This leave may be taken by birth mothers, including surrogate mothers.4

• Parental leave: Parental leave is for the care of a newborn child, or a child who comes into the custody of an adoptive parent. This leave may be taken by a mother or father (or other parent as identified on the child’s birth certificate) individually, or shared between the parents.5

• Adoption leave: Adoption leave is for the care of an adopted child. This leave may be taken by either parent individually, or shared between the parents.

The maximum duration of each type of child care leave is set out below:

Type of Child Care Leave Maximum No. of Weeks Maternity Leave 18 Adoption Leave 12 Parental Leave Birth mothers who take maternity leave 34

Parents who take custody of a biological child from a surrogate mother

49

All other new parents 37

Depending on the circumstances, employees may qualify for more than one type of child care leave (e.g., the employee may be eligible for maternity leave and parental leave, or adoption leave and parental leave).

4 Employees who suffer a miscarriage or stillbirth after 19 weeks of pregnancy are entitled to maternity leave as set out in the Policy. 5 The parental leave benefits described in the Policy are inclusive of any paternity leave benefits available to employees who reside in the province of Quebec.

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The maximum length of any combined child care leave is set out below: Type of Combined Leave Maximum Combined Length

Maternity Leave and Parental Leave Up to 52 weeks, which is comprised of 18 weeks of maternity leave and 34 weeks of parental leave.

Adoption Leave and Parental Leave Up to 49 weeks, which is comprised of 12 weeks of adoption leave and 37 weeks of parental leave.

5.1.2.1. Parental Leave in Combination with a Spouse or Partner Employees and their spouses or partners may take combined parental leave as follows:6

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Employee Spouse/Partner Length of Parental Leave Federal

Employees and their spouses or partners may split parental leave provided the combined length does not exceed the maximum length of parental leave set out in section 5.1.2.

Federal

Provincial/Territorial Employees and their spouses or partners may each take the full length of the parental leave, as applicable.

Provincial/Territorial

Employees should refer to the Addendum for Provincially and Territorially Regulated Employees (the “Addendum”) at the end of the Policy for additional information.

5.1.2.2. Eligibility to Commence Child Care Leave Employees may choose to start their maternity leave prior to their due date. Employees may not start their adoption or parental leave, however, until after the birth or arrival of an employee’s child.

Type of Child Care Leave When Child Care Leave May Commence Maternity Leave For federally regulated employees, the earliest date an employee may

commence maternity leave is 11 weeks prior to the expected date of delivery.

For employees whose employment is governed by provincial or territorial legislation, the earliest date an employee may commence maternity leave varies according to jurisdiction. For additional information, refer to the Addendum at the end of the Policy.

Adoption Leave and/or Parental Leave

Adoption leave and/or parental leave may commence any time within 52 weeks after the birth of the child, or the date the adopted child or biological child comes into the employee’s custody.

5.1.2.3. During the Child Care Leave CIBC will take the necessary steps to ensure work is carried out during an employee’s child care leave. As such, CIBC may temporarily fill an employee’s position and/or reassign some of their work duties during the leave.

6 This section refers to unpaid leave, not government income benefits. Government income benefits are provided in accordance with the relevant federal or Quebec legislation. To verify benefit eligibility information, refer to your local government income benefit office prior to taking child care leave. 7 Refer to Determining Whether Federal, Provincial or Territorial Legislation Applies in CIBC and Me in the HR Policies section for additional information.

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5.1.2.4. Child Care Leave Extensions Child care leave may be extended in the following circumstances8:

• Newborn Child is Hospitalized: If an employee’s newborn child is hospitalized, their child care leave may be extended by 1 week for each week their child remains in hospital, up to a maximum of 104 weeks.

• Military Requirement: If an employee is a reservist and is required to report for

active duty, they may defer or delay their child care leave until they return from active duty. Once the employee has returned from active duty, they may commence or resume their child care leave, which may continue up to a maximum of 104 weeks from the child’s birth date or the date the child comes into the employee’s custody.

Employees requesting a child care leave extension must notify their people manager in writing as soon as possible.

5.1.2.5. Top Up Payments While on Child Care Leave

5.1.2.6. Eligibility for Top Up Payments All regular full-time and regular part-time employees working a minimum of 15 regular hours in a workweek are eligible to receive top up payments while on child care leave. Regular part-time employees working less than 15 regular hours in a workweek and temporary employees are not eligible to receive top up payments while on child care leave.

5.1.2.7. Standards CIBC provides eligible employees with up to 6 weeks of top up payments while on child care leave. In circumstances where both parents are employed by CIBC, they may both receive top up payments; however, the combined total payments may not exceed 6 weeks for one birth event. The amount of top up payments an employee receives while on child care leave is equivalent to the difference between 100% of the employee’s eligible earnings9 and the government income benefit payments they are eligible to receive during the top-up period.10

5.2. Compassionate Care Leave

5.2.1. Eligibility and Waiting Period All employees are eligible for unpaid leave of up to 28 weeks in a 52 week period to provide care or support to a family member with a grave illness. There is no waiting period. Compassionate care leave will be granted to an employee who has provided their people manager with a copy of a completed Compassionate Care Certificate From Medical Doctor Form stating that the family member has a grave illness.

8 Top up payments will not be extended if an employee takes a child care leave extension. 9 As defined in Benefits & You in myHR on CIBC and Me. 10 For more information, refer to the Service Canada website (www.servicecanada.gc.ca).

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5.2.2. Standards Compassionate care leave may be taken all at once, or split into a series of shorter leave periods. If split into a series of shorter leaves, each leave period must be at least 1 week in duration, provided that the combined period of leave does not exceed 28 weeks in a 52 week period. The leave may start any time after the issuance of the Compassionate Care Certificate From Medical Doctor Form and end no later than the end of the 52-week period from the issuance of the Certificate of Medical Doctor Form or the death of the family member. In circumstances where an employee’s family member has a grave illness and resides outside of Canada, the employee may submit a completed Compassionate Care Certificate From Medical Doctor Form as soon as possible after the leave begins.11 5.2.2.1. During Compassionate Care Leave CIBC will take the necessary steps to ensure work is carried out during an employee’s compassionate care leave. As such, CIBC may temporarily fill an employee’s position and/or reassign some of their work duties during the leave.

5.2.3. Top Up Payments While on Compassionate Care Leave

5.2.3.1. Eligibility for Top Up Payments All regular full-time and regular part-time employees working a minimum of 15 regular hours in a workweek are eligible to receive top up payments while on compassionate care leave. Regular part-time employees working less than 15 regular hours in a workweek and temporary employees are not eligible to receive top up payments while on compassionate care leave.

5.2.3.2. Standards CIBC provides eligible employees with up to 8 weeks of top up payments while on compassionate care leave. The amount of top up payments an employee is eligible to receive while on compassionate care leave is equivalent to the difference between 55% of the employee’s eligible earnings12 and the government income benefit payments they are eligible to receive during the leave.13 Top up payments may be split across multiple shorter leave periods, as set out in section 5.2.2, provided the combined total of these periods does not exceed 8 weeks. If an employee requires an additional compassionate care leave(s) related to the same family member, the employee will not be entitled to any further top up payments for this additional compassionate care leave.

11 Submitting the Compassionate Care Certificate From Medical Doctor Form after the compassionate care leave begins may delay an employee’s receipt of top up payments for which they may be eligible. 12 As defined in Benefits & You in myHR on CIBC and Me. 13 For more information, refer to the Service Canada website (www.servicecanada.gc.ca).

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5.3. Critical Illness Leave

5.3.1. Eligibility and Waiting Period All employees are eligible for unpaid leave of up to 37 weeks to provide care or support to their child with a critical illness. There is no waiting period. Critical illness leave will be granted to an employee who has provided their people manager with a copy of a completed Critical Illness Certificate From Medical Doctor Form stating that their child has a critical illness, requiring the care or support of a parent, as well as the period during which the child requires such care or support.

5.3.2. Standards

Critical illness leave may be taken all at once, or split into a series of shorter leave periods. If split into a series of shorter leaves, each leave period must be at least 1 week in duration, provided that the combined period of leave does not exceed 37 weeks in a 52 week period. If two or more children of an employee are critically ill as a result of the same event, the employee is eligible for only one leave of up to 37 weeks. If two or more children of an employee are critically ill as a result of different events, the employee will be eligible for separate leaves with respect to each affected child. In all cases, critical illness leave can start on the day that the doctor certifies that the child(ren) has a critical illness, or on the first day of the week in which the Critical Illness Certificate From Medical Doctor Form was issued. Critical illness leave will end on the last day of the week following either the death of the child(ren), or the expiry of the leave. In circumstances where an employee’s child(ren) has a critical illness and resides outside of Canada, the employee may submit a completed Critical Illness Certificate From Medical Doctor Form as soon as possible after the leave begins.14

5.3.2.1. During Critical Illness Leave CIBC will take the necessary steps to ensure work is carried out during an employee’s critical illness leave. As such, CIBC may temporarily fill an employee’s position and/or reassign some of their work duties during the leave.

5.3.3. Top Up Payments While on Critical Illness Leave

5.3.3.1. Eligibility for Top Up Payments All regular full-time and regular part-time employees working a minimum of 15 regular hours in a workweek are eligible to receive top up payments while on critical illness leave. Regular part-time employees working less than 15 regular hours in a workweek and temporary employees are not eligible to receive top up payments while on critical illness leave.

14 Submitting the Certificate after the critical illness leave begins may delay an employee’s receipt of top up payments for which they may be eligible.

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5.3.3.2. Standards CIBC provides eligible employees with up to 8 weeks of top up payments while on critical illness leave. The amount of top up payments an employee is eligible to receive while on critical illness leave is equivalent to the difference between 55% of the employee’s eligible earnings15

and the government income benefit payments they are eligible to receive during the leave.16 Top up payments may be split across multiple shorter leave periods, as set out in section 5.3.2 above, provided the combined total of these periods does not exceed 8 weeks. If an employee requires an additional critical illness leave(s) related to the same child(ren), the employee will not be entitled to any further top up payments for this additional critical illness leave.

5.4. Death or Disappearance Leave

5.4.1. Eligibility and Waiting Period All employees are eligible for death or disappearance leave. There is no waiting period.

Death of a Child: Employees are eligible for unpaid leave of up to 104 weeks if their child dies and it is probable, based on the circumstances, that the death is related to a crime.

• If two or more children of an employee die as a result of the same event, the

employee is eligible for only one leave of up to 104 weeks.

• If two or more children of an employee die as a result of different events, the employee will be eligible for separate leaves with respect to each affected child.

Disappearance of a Child: Employees are eligible for unpaid leave of up to 52 weeks if their child disappears and it is probable, based on the circumstances, that the disappearance is related to a crime.

• If two or more children of an employee disappear as a result of the same event,

the employee is eligible for only one leave of up to 52 weeks.

• If two or more children of an employee disappear as a result of different events, the employee will be eligible for separate leaves with respect to each affected child.

Employees may be required to provide documentary evidence to their people manager in order to be eligible for this leave. Leave under this section will not be granted to an employee who is charged with the crime or it is probable, based on the circumstances, that the child(ren) was party to the crime.

15 As defined in Benefits & You in myHR on CIBC and Me. 16 For more information, refer to the Service Canada website (www.servicecanada.gc.ca).

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5.4.2. Standards

Death or disappearance leave may start on the day on which the death or disappearance occurs and ends:

• in the event of death, up to 104 weeks after the day on which the death occurs, or

• in the event of disappearance, up to 52 weeks after the day on which the disappearance occurs.17

The leave can be taken in shorter, non-consecutive periods but may not exceed 104 weeks.

5.4.2.1. During the Leave CIBC will take the necessary steps to ensure work is carried out during an employee’s leave. As such, CIBC may temporarily fill an employee’s position and/or reassign some of their work duties during the leave.

5.4.3. Top Up Payments While on Leave

5.4.3.1. Eligibility for Top Up Payments All regular full-time and regular part-time employees working a minimum of 15 regular hours in a workweek are eligible to receive top up payments while on this leave. Regular part-time employees working less than 15 regular hours in a workweek and temporary employees are not eligible to receive top up payments while on this leave.

5.4.3.2. Standards CIBC provides eligible employees with up to 8 weeks of top up payments while on this leave. The amount of top up payments an employee is eligible to receive while on this leave is equivalent to 55% of the employee’s eligible earnings.18 If an employee requests another leave related to the same child(ren), the employee will not be entitled to any further top up benefits during such additional leave. For more information, refer to the Guidelines.

5.5. Personal Leaves of Absence CIBC provides unpaid personal leaves of absence to employees who meet the eligibility criteria set out below.

5.5.1. Eligibility and Waiting Period All regular full-time and regular part-time employees are eligible for an unpaid personal leave of absence if they:

• work a minimum of 15 regular hours in a workweek;

17 If a child who disappeared is found, the leave will end 14 days after the day on which the child is found, but no later than the end of the 52 week period. 18 As defined in Benefits & You in myHR on CIBC and Me.

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• achieved a Performance Management & Measurement (PMM) rating of Successfully Met Expectations or better in their last performance assessment; and

• completed the required length of consecutive service as follows:

Type of Personal Leave of Absence Service Required up to 3 months 12 consecutive months

greater than 3 months 3 consecutive years NOTE: Under no circumstances should an unpaid personal leave of absence exceed 24 months.

5.5.2. Standards

Unpaid personal leaves of absence may be granted to assist eligible employees in the event of an unusual or non-recurring circumstance, provided the required written approvals have been obtained.

Duration of Unpaid Personal Leave of Absence Required Approvals

Up to and including 2 weeks • People Manager

Greater than 2 weeks and up to 3 months • People Manager; and • Human Resources Consultant (HRC)

supporting the line of business (LOB).

Greater than 3 months and up to 6 months • People Manager; • Senior Director/Managing Director or

higher in the LOB; and • Human Resources Director (HRD)

supporting the LOB.

Greater than 6 months • People Manager; • Line of business executive (Vice

President/Managing Director or higher); and

• HRD supporting the LOB.

Employees must sign a Leave Agreement for any unpaid personal leave(s) of absence greater than 30 days. The Leave Agreement is available from the Employee Relations Consultant (ERC) supporting their LOB. For more information, refer to the Guidelines.

5.5.3. Exceptions In circumstances where an employee does not meet the specific eligibility requirements for an unpaid personal leave of absence set out in section 5.5.1, exceptions may be granted as follows:

• Exceptions must be reviewed by the employee’s one-up manager and the HRC supporting their LOB, who together will determine whether an exception is recommended based on the employee’s individual circumstances, performance history and operational and business requirements.

• If these parties agree that an exception is recommended, the HRC will communicate the reasons for the recommendation to the employee’s LOB executive (Vice President, Managing Director or higher) and their HRD for their approval. Additional approvals may be required in certain LOBs.

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• Exception approvals must be documented in writing and retained in accordance with the Employee Personnel File Guidelines (Canada).

• Copies of all exception approvals must be sent to the HR Policy & Governance, mailbox.

5.6. Leave to Campaign for Public Office

5.6.1. Eligibility and Waiting Period All employees are eligible for an unpaid leave of absence to seek nomination as a candidate, and to campaign, for public office. There is no waiting period.

5.6.2. Standards An unpaid leave of absence may be provided where an employee is campaigning as a candidate seeking election or appointment to public office. Leave to campaign for public office may not begin prior to the date a federal or provincial/territorial election writ is issued (or, in the case of municipal elections, the date nomination papers must be filed) and must end no later than the polling day or the day that the writ is withdrawn or deemed to be withdrawn by the appropriate elections office and/or legislation.

5.6.2.1. Requesting Leave to Campaign for Public Office Employees requesting leave to campaign for public office are required to immediately notify their people manager and the Enterprise-wide Compliance Department by submitting a completed Outside Activities Approval Request Form. In most cases, employees elected to public office requiring a full-time commitment will be expected to resign from their employment with CIBC. If an employee is elected and not required to resign, the employee may request an unpaid personal leave of absence in accordance with section 5.5 of the Policy.

5.6.2.2. During Leave to Campaign for Public Office CIBC will take the necessary steps to ensure work is carried out during an employee’s leave. As such, CIBC may temporarily fill an employee’s position and/or reassign some of their work duties during the leave.

5.7. Reservist Leave Greater than 10 Days

5.7.1. Eligibility and Waiting Period All employees who are reservists are eligible to take unpaid reservist leave19 for the express purpose of participating in active duty or training as a member of the Canadian Army Reserve Force. This may include, but is not limited to, domestic operations, international operations, annual training exercises in excess of 10 days or trade or occupational training. There is no waiting period.

5.7.2. Standards

5.7.2.1. During Reservist Leave CIBC will take the necessary steps to ensure work is carried out during an employee’s reservist leave. As such, CIBC may temporarily fill an employee’s position and/or reassign some of their work duties during the leave.

19 For information regarding time off for reservists of up to 10 days, refer to the Employee Time Off Policy (Canada).

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5.8. Code of Conduct and Policy Adherence While on a leave of absence, employees continue to be bound by the Code of Conduct and all other relevant CIBC policies including, but not limited to, the Information Security Policy and the Acceptable Use of CIBC Information and Information Systems Policy, which may limit access to CIBC premises or technology systems while an employee is away from work.

5.9. Retaining Documents Documentation regarding leaves of absence must be retained in accordance with the Employee Personnel File Guidelines (Canada).

5.10. Returning to Work With the exception of personal leaves of absence, employees returning from a leave set out in the Policy will be reinstated to the same position they held prior to their leave unless, due to restructuring, the position no longer exists. If an employee’s position was eliminated during the leave and a comparable position does not exist, the Employee Transition Support Program (ETSP) will apply effective from the date the employee is scheduled to return to work, or such earlier date as may be determined by CIBC.

5.11. Additional Statutory Leaves Employees whose employment is governed by federal legislation may be entitled to additional or extended statutory leaves not specifically set out in the Policy. Approval for such leaves will be granted to employees who meet the eligibility criteria set out in the Canada Labour Code. Unless otherwise specified in the Canada Labour Code, these additional statutory leaves and/or extensions will be administered as unpaid personal leaves of absence. Employees whose employment is governed by provincial or territorial legislation may also be entitled to additional statutory leaves not specifically set out in the Policy. For additional information, refer to the Addendum.20

5.12. Additional Guidance and Administrative Considerations For additional guidance related to the leaves set out in the Policy (e.g., requesting a leave, approval considerations, general administration of employee leaves, and vacation entitlement during leaves), refer to the Guidelines.

6. Resolving Concerns

6.1. Enquiries Enquiries about the Policy should be addressed to the HRCC. Refer to CIBC and Me for contact information.

6.2. Resolution Process Employees with issues or concerns about the Policy should follow the process set out in the Workplace Issue Resolution Process (WIRP): 20 Refer to Determining Whether Federal, Provincial or Territorial Legislation Applies in CIBC and Me in the HR Policies section for additional information

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Step 1: The employee should talk to their people manager. Step 2: If the issue is not resolved, the employee should escalate to their people

manager’s manager. Step 3: If their concern has still not been addressed to their satisfaction, the

employee should escalate to an executive officer within the LOB. Step 4: If the concern is still unresolved, the employee should escalate to the CIBC

Employee Ombudsman’s Office. At any time during the WIRP process, employees are encouraged to seek support and guidance from the HRC or ERC supporting their LOB.

7. Monitoring and Oversight Mechanisms

ERPG & HRO monitors that people managers have completed Corporate Mandatory Training & Testing (CMTT), which includes Policy requirements. ERPG & HRO conducts periodic reviews of issues raised through the HR Policy and Governance, mailbox, as well as CIBC Employee Ombudsman’s Office, to identify and address any systemic issues.

8. Roles and Responsibilities

CIBC is responsible for communicating the Policy and ensuring that employees have access to the Policy and Guidelines. CIBC requires all employees to fully comply with all aspects of the Policy and Guidelines. The consequences of CIBC not complying with the Policy, Guidelines and relevant legislation may include civil or regulatory proceedings.

8.1. Employees Employees are responsible for:

• ensuring they are familiar with the Policy and Guidelines, and that they comply with the requirements;

• advising their people manager as far in advance as possible of any requests for a leave of absence;

• consulting with their people manager when required regarding leaves of absence issues or concerns;

• cooperating with their people manager and providing information as required; • following the WIRP if it appears that any processes or practices used in their LOB do

not adhere to the Policy or Guidelines, or if they are concerned with how leaves of absence are administered in their LOB.

8.2. People Managers People managers are responsible for:

• ensuring they, and all of their employees, comply with the requirements of the Policy and Guidelines;

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• ensuring that employees meet all eligibility requirements for any requested leaves of absence;

• planning resources, project and business requirements as far in advance as possible so as to be able to assess their ability to meet employees’ requests;

• considering all aspects of employees’ requests when exercising discretion to grant leaves of absence;

• ensuring that all employee absences are accurately recorded in the appropriate system based on their LOB practices;

• retaining any necessary leave documentation (e.g., Leave Request Forms or Leave Agreements) in accordance with the Employee Personnel File Guidelines (Canada); and

• referring any questions they are unable to answer to the HRCC.

8.3. Human Resources

8.3.1. Human Resources and Employee Relations HRCs and ERCs are responsible for understanding the Policy and Guidelines, answering questions about the Policy and/or Guidelines and providing advice, consultation and assistance when required.

8.3.2. Vice-President, ERPG & HRO The Vice-President, ERPG & HRO is responsible for developing, reviewing, maintaining and approving the Policy, as well as ensuring it complies with applicable laws.

8.3.3. Executive Vice-President and Chief Human Resources Officer The Executive Vice-President and Chief Human Resources Officer is the Executive Committee sponsor and owner of the Policy and has delegated the development, review, maintenance and approval of the Policy to the Vice-President, ERPG & HRO.

9. Maintenance and Review

The Policy is effective December 31, 2015 and supersedes all previous versions. The next review is scheduled for October 2018. CIBC reserves the right to interpret the Policy in its sole discretion and to make changes as it deems appropriate from time to time without the requirement of advance notice.

10. Links

Human Resources Policies and related information are available in CIBC and Me in the HR Policies section. Corporate-wide Policies and related information are available in CIBC Today in the Code of Conduct and Policies section.

10.1. Related CIBC Policies • Acceptable Use of CIBC Information and Information Systems Policy • Capital Markets Mandatory Leaves Policy (Canada, UK, Asia Pacific) • Code of Conduct • Employee Time Off Policy (Canada)

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• Information Security Policy • Vacation Policy (Canada) • Workplace Accommodation Policy (Canada)

10.2. Supporting Materials • Access Management Requirements • Benefits & You • Compassionate Care Certificate From Medical Doctor Form • Critical Illness Certificate From Medical Doctor Form • Child Care / Compassionate Care Notification to Management Form • Determining Whether Federal, Provincial or Territorial Legislation Applies • Employee Leaves Guidelines (Canada) • Employee Personnel File Guidelines (Canada) • Employee Time Off Guidelines (Canada) • Employee Transition Support Program (ETSP) • Leave and Time Off Request Form • myBenefits • Workplace Issue Resolution Process (WIRP)

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Addendum for Employees Whose Employment is Government by Provincial or Territorial Legislation

1. Standards

Employees whose employment is governed by provincial or territorial legislation1 may be entitled to additional statutory leaves in addition to those set out in section 5 of the Policy. The Addendum sets out the provisions relating to such leaves.2 Unless otherwise specified by applicable legislation, all additional leaves referred to in the Addendum will be administered as unpaid personal leaves of absence as set out in section 5.5 of the Policy.

Requesting Leave

Employees requesting additional statutory leaves should provide as much notice as possible under the circumstances. Where permitted by law, employees may be required to provide evidence to support the leave of absence request.

During the Leave

During an additional statutory leave, unless otherwise stated in section 3 of the Addendum, employees must advise their people manager as early as possible of any expected changes to their return to work date.

CIBC will take the necessary steps to ensure work is carried out during an employee’s additional statutory leave. As such, CIBC may temporarily fill an employee’s position and/or reassign some of their work duties during the leave.

Returning to Work Employees returning from a statutory leave will be reinstated to the same position they held prior to their leave unless, due to restructuring, the position no longer exists. If an employee’s position was eliminated during the leave and a comparable position does not exist, the ETSP will apply effective from the date the employee is scheduled to return to work, or such earlier date as may be determined by CIBC.

1 Refer to Determining Whether Federal, Provincial or Territorial Legislation Applies in CIBC and Me in the HR Policies section for additional information. 2 The entitlements set out in the Addendum exclude the territories where CIBC does not currently have employees governed by territorial legislation.

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2. General Information Regarding Child Care Leaves

Duration of Child Care Leave

The following chart sets out the length (in weeks) of child care leaves for employees whose employment is governed by provincial legislation: Province or Territory Maternity Leave Parental Leave Adoption Leave Alberta 15 37 37 British Columbia 17 37 37 Manitoba 17 37 37 New Brunswick 17 37 37 Newfoundland & Labrador 17 35 52 Nova Scotia 17 52 52 Ontario 17 37 37 Prince Edward Island 17 35 52 Quebec 18 52 52 Saskatchewan 18 37 52

Quebec also provides 5 weeks of paternity leave. For additional information, refer to section 3.9 of the Addendum.

Parental Leave in Combination with a Spouse or Partner

Employees and their spouses or partners whose employment is governed by legislation in the following provincial and territorial jurisdictions may split parental leave, provided that the combined total leave does not exceed the 37 week period specified by applicable legislation:

• Alberta • New Brunswick

Employees and their spouses or partners whose employment is governed by legislation in the following provincial and territorial jurisdictions may each take the full amount of parental leave specified by applicable legislation:

• British Columbia • Manitoba • Newfoundland and Labrador • Nova Scotia • Ontario • Prince Edward Island3 • Quebec • Saskatchewan

3 Adoption leave in Prince Edward Island may be split between parents, provided that the combined total leave does not exceed 52 weeks.

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Date Maternity Leave May Commence

The following chart sets out the earliest date that employees whose employment is governed by provincial or territorial legislation may commence maternity leave: Province or Territory Weeks Prior to Due Date Alberta 12 British Columbia 11 Manitoba 17 New Brunswick 11 Newfoundland and Labrador 17 Nova Scotia 16 Ontario 17 Prince Edward Island 11 Quebec 16 Saskatchewan 12

3. Additional Statutory Leaves by Province or Territory

In addition to the leave of absence provisions set out in section 5 of the Policy, the following provisions also apply to employees whose employment is governed by provincial or territorial legislation, based on their province or territory of employment:

3.1. Alberta There are no additional statutory leaves applicable to employees whose employment is governed by provincial legislation in Alberta.

3.2. British Columbia Maternity Leave Extension

Employees are eligible to take up to 6 additional consecutive weeks of unpaid maternity leave in situations where the employee’s newborn or newly adopted child has a physical, psychological or emotional condition requiring an additional period of parental care as attested to by a qualified physician in a medical certificate.

Parental/Adoption Leave Extension

Employees are eligible to take up to 5 additional consecutive weeks of unpaid parental/adoption leave in situations where the employee’s newborn or newly adopted child has a physical, psychological or emotional condition requiring an additional period of parental care, as attested to by a qualified physician in a medical certificate.

3.3. Manitoba Maternity Leave Extension

Employees who have worked for CIBC for at least 7 consecutive months are eligible to extend their unpaid maternity leave if the actual date of delivery occurs after the estimated date of delivery. Employees, upon request to their people manager, may extend their maternity leave by a period of time equal to the difference between the two dates. Employees must provide written notice to their people manager as soon as possible of their intent to extend their leave.

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Pregnancy Related Illness

Notwithstanding section 5.1.2 of the Policy, employees are entitled to take their full maternity leave if they suffer a miscarriage or stillbirth at any point during their pregnancy.

Organ Donor Leave

Employees who have worked for CIBC for at least 30 consecutive days are eligible for up to 13 consecutive weeks of unpaid leave to donate an organ and recover from the procedure. Employees must provide their people manager with at least 2 weeks written notice before commencing the leave, and must also provide a medical certificate from a qualified physician stating the start date and end date of the leave. The organ donor leave can be extended for an additional 13 weeks with the support of an additional medical certificate signed by a qualified physician.

3.4. New Brunswick There are no additional statutory leaves applicable to employees whose employment is governed by provincial legislation in New Brunswick.

3.5. Newfoundland and Labrador Adoption Leave Extension

Employees who have worked for CIBC for at least 20 consecutive weeks are eligible to extend their unpaid adoption leave by 5 consecutive weeks. Employees must first exhaust any child care leave provided under section 5.1 of the Policy before requesting this extended leave, and provide their people manager with at least 2 weeks written notice of their intent to extend their leave.

3.6. Nova Scotia Parental Leave Extension

Employees who have worked for CIBC for at least 12 consecutive months and who have not taken maternity leave, are eligible to take up to an additional 15 weeks of unpaid parental leave to care for a newborn child, and up to an additional 3 weeks of unpaid leave to care for an adopted child who comes into their parental custody or care, provided that the additional leave is taken within 52 weeks of the birth of the child or the date that the adopted child comes into the parents’ custody or care. Employees must first exhaust any child care leave provided under section 5.1 of the Policy before requesting this extended parental leave, and provide their people manager with at least 4 weeks written notice of their intent to extend their leave.

3.7. Ontario Organ Donor Leave

Employees who have worked for CIBC for at least 13 consecutive weeks are eligible to take up to 13 consecutive weeks of unpaid leave to donate an organ and recover from the procedure. Employees must provide their people manager with at least 2 weeks written notice before commencing the leave, and provide a medical certificate from a qualified physician stating the start and end date of the leave. The organ donor leave can be extended for an additional 13 weeks, with the support of an additional medical certificate from a qualified physician.

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3.8. Prince Edward Island Adoption Leave Extension

Employees who (i) are the primary caregiver for an adopted child, and (ii) have worked for CIBC for at least 20 consecutive weeks within the 52 week period immediately preceding the effective date of the requested leave, are eligible to take an additional 3 weeks of unpaid adoption leave within 52 weeks of the child coming into the parent’s care. Employees taking this leave must first exhaust any child care leave provided under section 5.1 of the Policy before requesting this extended adoption leave, and provide their people manager with at least 4 weeks written notice of their intent to extend their leave.

Maternity/Parental/Adoption Leave Extension

Employees can extend their unpaid maternity, parental or adoption leave by an additional 5 unpaid weeks if the newborn or adopted child has a physical, psychological or emotional condition requiring additional parental care. This additional leave must commence immediately following the end of the maternity, parental or adoption leave. Employees must provide written notice to their people manager as soon as possible of their intent to extend their leave.

3.9. Quebec Family Tragedy Leave

Employees who experience a family tragedy are eligible for unpaid leave as follows:

• If an employee’s spouse or child commits suicide, the employee is eligible for unpaid leave of up to 52 weeks; and

• If an employee’s spouse dies as result of a criminal offence, the employee is eligible for unpaid leave of up to 104 weeks.

There is no waiting period.

Child Care Leave

• Extended Child Care Leave: Employees may extend their child care leave by up to 5 additional days for the care of a newborn child, a child who comes into the custody of an adoptive parent, or following the termination of a pregnancy (from its 20th week onward). This extended child care leave may be taken by both the mother and father (or other parent as identified on the child’s birth certificate), with the exception of mothers who have taken maternity leave. This extended child care leave may be paid or unpaid as follows:

• Employees who have worked for CIBC for less than 60 consecutive days: The 5 additional days of extended leave are unpaid.

• Employees who have worked for CIBC for more than 60 consecutive days: The first 2 days of the extended leave are paid, and the remainder is unpaid. For the purposes of this extended leave, paid personal days or time off for bereavement as set out in the Employee Time Off Policy (Canada) must first be exhausted and will be credited against any additional paid time off.

• Paternity Leave: Biological fathers (or other parent as identified on a child’s birth

certificate) caring for a new child are eligible for up to 5 unpaid weeks of paternity

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leave, in addition to any other leave to which the father may be entitled as set out in section 5 of the Policy (i.e., parental leave).4

• Extended Parental/Adoption Leaves: Employees are eligible to take up to an additional 15 weeks of unpaid parental leave to care for a newborn child, and up to an additional 3 weeks of unpaid leave to care for an adopted child who comes into parental custody or care, provided that the additional leave is taken within 70 weeks of the birth of the child, or the date that the adopted child comes into the parents’ custody or care. Employees must first exhaust any child care leave provided under section 5.1 of the Policy before requesting this extended parental/adoption leave, and provide their people manager with at least 4 weeks written notice of their intent to extend their leave.

Organ/Tissue Donor Leave

Employees who have worked for CIBC for at least 3 consecutive months are eligible for up to 26 weeks of unpaid leave over a period of 12 months for organ or tissue donation. Employees must provide written notice to their people manager as soon as possible before commencing the leave, as well as a medical certificate from a qualified physician stating the start and end date of the leave.

3.10. Saskatchewan Maternity Leave Extension

Employees are eligible to extend their unpaid maternity leave by up to 6 weeks if they are unable to return to work after the 18 weeks of maternity leave set out in section 5.1 of the Policy due to medical reasons. Employees must provide their people manager with a medical certificate from a qualified physician stating that the start and end date of the leave extension.

Adoption Leave Extension

Employees who (i) are the primary care giver for an adopted child, and (ii) have worked for CIBC for at least 20 weeks are eligible to take an additional 3 unpaid weeks of child care leave within 52 weeks of the child coming into the parent’s care. Employees taking this leave must first exhaust any child care leave provided under section 5.1 of the Policy before requesting this additional adoption leave, and provide their people manager with at least 4 weeks written notice of their intent to take such leave.

4. Other Statutory Leaves for Employees Whose Employment is Governed by Provincial or Territorial Legislation

Employees in businesses whose employment is governed by provincial and territorial legislation may be entitled to other statutory leaves not specifically set out in the Addendum. Approval for such leaves will be granted to employees who meet the eligibility criteria set out in the applicable legislation. Unless otherwise specified by applicable legislation, these statutory leaves will be administered as unpaid personal leaves of absence.

4 Paternity leave will be administered as parental leave as set out in section 5.1 of the Policy.