Maternity and Disability Policy and Affidavit

Jurisdiction: Country: Canada | Province or State: Prince Edward Island

What is a Maternity and Disability Policy and Affidavit?

The Maternity and Disability Policy and Affidavit is a Law Society form. You use it to set out a firm policy on maternity and disability leave and to swear a formal declaration of facts. It serves two linked purposes. The policy section explains how a firm supports a lawyer’s leave. The affidavit confirms the leave details and requests related regulatory adjustments.

The policy is an internal document. It states who is eligible for leave and what support the firm provides. It covers paid or unpaid leave, benefits continuation, and return-to-work steps. It also explains how the firm will protect clients and manage files during the lawyer’s absence. The policy must be clear and practical. It must work for your firm’s size and practice type.

The affidavit is a sworn statement. It confirms that you, or your firm, meet the Law Society’s requirements for leave. The declaration supports any request you make to the Law Society. Common requests include a temporary insurance exemption, a fee adjustment, or a deferral of deadlines. The affidavit also confirms that proper coverage for clients is in place.

Who typically uses this form?

Practising lawyers in Prince Edward Island use it. Sole practitioners use it often because their leave requires special coverage planning. Managing partners can complete it for a firm. Office managers may prepare details, but a lawyer usually signs the affidavit. The Law Society uses the affidavit to update your membership and compliance records.

You would need this form when you plan to take maternity leave. You would also use it for disability leave caused by illness or injury. Use it whether your leave is planned or unexpected. The form helps you reduce risk and protect your clients. It also helps you qualify for available administrative relief during your leave.

Typical usage scenarios

A sole practitioner is expecting a child and will stop practising for three months. She uses the form to request an insurance exemption during that period. She also names a coverage counsel for client emergencies and trust account needs. A partner at a mid-size firm suffers an injury and must step back for six weeks. The firm attaches its policy and swears the dates. The firm confirms salary continuation, benefits, and file coverage. A junior lawyer has a high-risk pregnancy and needs accommodation before leave. The form outlines modified duties and the planned leave start date. It confirms who will take over files when leave begins.

The form belongs to the Law Society of Prince Edward Island. It supports regulatory decisions that affect your standing. It is part policy record and part sworn evidence. It helps the Law Society track your status, fees, and insurance with accuracy. It also shows that your firm has a reliable plan to protect the public.

When Would You Use a Maternity and Disability Policy and Affidavit?

You use this form before a planned maternity leave. You file it as soon as you know your intended start date. Early filing helps you adjust your insurance and membership on time. It also gives the Law Society time to review your coverage plan.

You use the form when a disability interrupts your practice. If an injury or illness stops you from practising, you file the form as soon as possible. You confirm whether you will do any legal work during recovery. You also confirm how your clients will receive timely service. If you will not practise at all, you can request an insurance exemption for that period. The affidavit sets out the dates and the steps taken to protect clients.

You use the form when your firm adopts or updates a leave policy. The Law Society may ask for a copy to verify compliance. The policy records how you treat maternity and disability leave for lawyers. It shows your plan for benefits, coverage, and return to work. The affidavit confirms that the policy is active and applied fairly.

You use the form if you are a sole practitioner and need coverage steps approved. You may need to grant trust account signing authority to a temporary coverage lawyer. You may need to name a custodian for urgent matters. The affidavit confirms those arrangements. It gives the Law Society the names and contact details of the coverage lawyers.

You use the form to request timing relief for compliance items. You can ask for extensions for continuing professional development deadlines. You can ask for a short pause on certain reporting obligations. The affidavit sets out the facts that support these requests.

Typical users include practising lawyers planning maternity leave. Sole practitioners with planned or sudden disability also use it. Managing partners use it to formalize firm policies and support lawyers on leave. Office administrators may help gather documents and confirm benefit details. A commissioner for oaths or a notary public will witness the affidavit signature.

Legal Characteristics of the Maternity and Disability Policy and Affidavit

The policy and affidavit have different legal effects. The policy is an internal rule of your firm. It binds the firm and its lawyers as an employment or partnership policy. It must comply with workplace standards and human rights law. It should be consistent with your partnership agreement or employment contracts. The policy does not change the Law Society’s rules. It works alongside them to guide your firm’s actions.

The affidavit is a sworn statement. It is legally significant because it is evidence. You sign it before a commissioner for oaths or a notary public. The affidavit confirms facts that the Law Society relies on to regulate your practice. These facts include your leave dates and your practice status during leave. They also include your arrangements for client coverage and trust account control. False statements in an affidavit carry serious consequences. They can lead to discipline and other legal outcomes.

Enforceability comes from several features. The affidavit includes a jurat with date and location. A commissioner or notary witnesses your signature. That official completes and signs the jurat. Your statement uses clear facts, not opinions. You include specific dates and names. You attach supporting letters where needed. These features help the Law Society verify your situation and apply the correct decisions.

There are general legal considerations you should weigh. If you request an insurance exemption, you must not practise during that period. You must confirm this in your affidavit. If you do any practice work, you may need active insurance. You should also confirm trust account coverage when you are a sole practitioner. You may need to limit or suspend your trust activities during leave. You should record any temporary signing authority you grant to another lawyer.

Your policy must address accommodation for disability. It should allow flexible work or reduced workload where feasible. It should identify who approves accommodations and how they are documented. It should cover the confidentiality of medical information. It should ask only for the minimum medical details needed to support a leave.

Privacy matters in both the policy and affidavit. Include only what is needed to support your requests. A doctor’s letter should confirm functional limits and dates. It does not need a full medical history. Safeguard all documents. Limit access to HR staff, the managing partner, and the Law Society. Store signed affidavits in a secure system.

The policy should also set clear return-to-work steps. This reduces disputes and missteps. It should state how you plan and confirm your return date. It should explain any transitional workload or training you will use. It should state the benefits and salary upon return.

Finally, the affidavit may include undertakings. An undertaking is a promise you give in your professional capacity. For example, you may undertake not to practise during your insurance exemption. Undertakings are binding. Breach can lead to discipline.

How to Fill Out a Maternity and Disability Policy and Affidavit

1) Confirm who will sign.

Decide whether the deponent is you or a firm representative. A sole practitioner usually signs for both the policy and the affidavit. A firm may have the managing partner sign the policy section. The lawyer taking leave may sign the affidavit section about personal facts.

2) Gather key documents.

Collect your membership number, firm name, and contact details. Obtain a letter confirming leave dates. For maternity leave, use a due date or birth record when available. For disability leave, use a medical letter that confirms functional limits and expected dates. Do not include detailed medical diagnoses. Get any coverage counsel’s consent in writing. Obtain benefits plan details if you reference them.

3) Complete the member information section.

Enter your full legal name as it appears on your membership. Include your Law Society member number. Add your firm name and address. Provide a direct phone and email. State your current member category. Note whether you are insured to practise at the time of filing.

4) Describe the type of leave.

State whether the leave is maternity or disability. If disabled, state the general nature without sensitive details. For example, “temporary orthopedic injury” is enough. Provide the intended start date and the expected end date. If the date is uncertain, say that it is subject to medical review. Commit to provide updates on any changes.

5) State your practice status during leave.

Confirm whether you will engage in any legal work if you will not practise at all; state that clearly. If you will do limited administrative tasks, describe the scope. For example, “no client advice and no legal services.” Your statement should align with any insurance exemption request.

6) Request insurance and fee changes, if needed.

Indicate whether you seek a temporary insurance exemption for the leave period. Confirm the exact dates for the exemption. State that you will not practise law during that period. If you expect to work part-time, do not request an exemption. Instead, explain how you will stay insured. If fee reductions or deferrals are available, indicate the request. Provide the calculation basis if the form asks for it. Confirm that you will notify the Law Society if dates change.

7) Explain client coverage measures.

Describe how your files will be managed during leave. Name the lawyer or lawyers who will cover urgent client needs. Provide their firm, contact details, and member status. Explain how you assigned files and updated ticklers. Confirm that you completed conflict checks for the coverage lawyer. State how clients were notified of the change. Confirm that limitation dates are docketed and covered.

8) Address trust account controls, if applicable.

If you operate a trust account, explain your plan. State whether you will suspend trust activity during leave. If you grant temporary signing authority, name the lawyer and give details. Confirm that the lawyer is a member in good standing. Describe how you will reconcile trust during the leave. Confirm how you will protect trust records and access credentials.

9) Outline communication and file access.

State how your email and phone will be handled. Confirm whether an out-of-office message is active. If staff will monitor your inbox, confirm client confidentiality measures. Explain how files will be accessed by coverage counsel. Confirm that file logs and retainers have been updated.

10) Provide the firm’s policy terms.

Insert or attach the policy text. The policy should state eligibility for maternity and disability leave. It should set notice requirements and documentation needed. It should define leave duration and any paid top-up. It should state benefits continuation and cost sharing. It should cover flexible work or accommodations. It should outline how clients are protected during leave. It should explain return-to-work steps and timelines. If your firm has different classes of lawyers, explain how the policy applies to each class.

11) Detail compensation and benefits during leave.

If the firm offers salary continuation or a top-up, describe the amount and duration. State whether benefits continue and at whose cost. Confirm pension or RRSP treatment during leave. Explain how vacation accrues during leave, if applicable. Avoid promises you cannot meet. Align the policy with actual payroll practices.

12) Set the return-to-work plan.

State how you and the firm will confirm your return date. Describe any phased return options. For example, two weeks at reduced hours before full duties. Explain any refresher training or re-onboarding. Confirm how files will transition back to you. State who approves any changes to the plan.

13) Address compliance timelines.

If you need a deferral of continuing education deadlines, request it here. Provide the new proposed date. If other regulatory filings would fall due during leave, propose revised dates. Confirm that you will complete any required trust filings on time. If someone else will file them, name that person.

14) Complete the affidavit.

Use the affidavit section provided with the form. Insert your full name and occupation as a lawyer. Insert the place and date of the oath or affirmation. Confirm the facts set out in the form are true to the best of your knowledge. If your knowledge is based on firm records, say so. Sign only in front of a commissioner for oaths or a notary public. Bring government photo ID to the signing. The commissioner completes the jurat. They print their name, title, and expiry date if required. They sign and affix their stamp or seal.

15) Attach supporting documents.

Index your attachments. Include the firm policy if not typed in the form. Include a letter confirming the due date or a birth record when available. For disability leave, attach a doctor’s letter with dates and functional limits only. Include coverage counsel consents. Attach trust account authority documents if you changed signers. Include any client notice templates used.

16) Review and certify accuracy.

Read the full package slowly. Confirm that names, dates, and numbers match across all sections. Check that the leave dates match your insurance request dates. Ensure contact details for coverage counsel are correct. Confirm that the policy language matches your firm’s practice.

17) Submit the form.

File it with the Law Society using the method stated on the form. If the submission requires original ink, deliver the original affidavit. If electronic submission is allowed, scan the full package clearly. Keep a full copy in your secure records. Calendar a reminder to update the Law Society if dates change.

18) Update on changes.

If your leave starts earlier or ends later, notify the Law Society. File an amended affidavit if needed. Update coverage counsel and client notices. Adjust trust account arrangements if they change. Record any changes to benefits or salary during leave.

19) Plan for after you return.

When you confirm your return date, remind the Law Society. Reactivate your insurance if you had an exemption. Reopen your practice status and update your member profile. Notify clients of your return. Review any files that moved during leave. Confirm that trust access is restored and secure.

20) Avoid common errors.

Do not sign the affidavit before meeting the commissioner. Do not request an insurance exemption if you plan to practise. Do not omit your trust account plan if you are a sole practitioner. Do not attach detailed medical records; use concise letters. Do not leave dates vague without a plan to update them.

A clear, specific form speeds approval and reduces risk. Focus on accurate dates, practical coverage, and privacy. State what you will do and who will do it. Swear to facts you can prove. Keep your clients protected at every step.

Legal Terms You Might Encounter

• Affidavit means a written statement you swear or affirm is true. In this form, you confirm your leave details and your eligibility. You sign it in front of an authorized official.
• Deponent is the person making the sworn statement. That is you. When you sign as the deponent, you take responsibility for the accuracy of the information.
• Commissioner for Oaths or a Notary Public is the official who administers your oath or affirmation. They must witness your signature on the affidavit section. They add their stamp or seal, date, name, and expiry of appointment.
• Practising Status describes whether you are authorized to practise law. The form may ask if you will change to non‑practising or remain practising during leave. Your choice affects fees, insurance, and compliance duties.
• Leave Period is the start and end dates for your maternity or disability leave. You state the expected start date and the expected return date. If dates change, you must update the regulator.
• Effective Date is the date any fee or insurance adjustment begins. It usually aligns with your leave start date or a date set by policy. The effective date drives prorated amounts and eligibility.
• Fee Waiver or Reduction is the temporary relief available under the policy. It may apply to membership fees, insurance premiums, or both. You must meet the policy conditions to receive it.
• Professional Liability Insurance is your mandatory coverage when practising. The policy may change during leave if you are not practising. If you keep practising, coverage must remain in place.
• Trust Account relates to client funds you control. If you are a signatory, your leave status matters. You must ensure compliant signatories and oversight during any absence.
• CPD or Continuing Professional Development covers your annual learning requirements. The policy may allow adjustments for leave. The form may ask about your plan to meet your obligations.
• Attestation is your confirmation that statements are true and complete. You also confirm you will notify the regulator of changes. False attestation can lead to discipline or back‑billing.
• Supporting Documentation is any proof the policy requires. You may need a medical note, expected due date, or similar confirmation. The form tells you what to attach and how to protect your privacy.
• Retroactive Claim means you apply after your leave has started. Some policies allow this within limits. Late filings can reduce or delay relief, so check the timing rules.

FAQs

Do you need to change to non‑practising to qualify?

Not always. Some policies allow relief while you keep practising in a limited way. Others require non‑practising status for fee or insurance adjustments. The form asks you to confirm your intended status. If you plan to do any legal work, disclose it. That helps the regulator set the right conditions and avoid back‑billing.

Do you need a medical note or proof of birth?

Often, yes. For maternity, you may provide an expected due date or birth record when available. For disability, you may provide a doctor’s note that confirms functional limitations and expected duration. The form usually asks for minimal details. It should not require your full diagnosis. Provide only what the policy requests.

Do you need to stop all legal work during leave?

It depends on your status and the relief you request. If you stay practising, you must maintain insurance and meet practice rules. If you move to non‑practising, you cannot provide legal services. Some policies allow brief transitional work, like concluding files or urgent steps. Disclose any planned work on the form to avoid compliance issues.

Do you need to change trust account signatories?

If you are a signing authority and you will be absent, plan coverage. You may need to appoint another qualified signatory. You also need to update internal controls and banking arrangements. The form may ask about trust responsibilities. The regulator may check that clients are protected during your absence.

Do you need to keep paying fees during leave?

You may receive a waiver or reduction for the period you qualify. Relief often starts on the effective date you declare. If the regulator approves, they confirm any prorated changes. If you return early or extend leave, fees may adjust again. Keep your dates accurate to avoid owing back amounts.

Do you need to notify clients and opposing counsel?

Yes, if you have active files. You should tell clients about your dates and coverage plan. Assign another lawyer where needed. Update out‑of‑office messages and voicemail. For court matters, ensure substitutions or adjournments are arranged. The regulator expects you to protect client interests at all times.

Do you need to meet CPD requirements while on leave?

Many policies pause or prorate CPD. Some require a plan to catch up after you return. Keep records of your leave dates. If the policy adjusts your CPD, document the calculation. The form may ask for your intended plan or acknowledgment.

Do you need a commissioner or notary to sign the affidavit?

Yes. You must sign the affidavit in front of a qualified official. They must complete their part fully, including the stamp or seal. Do not sign in advance. Bring identification and the unsigned affidavit when you meet them.

7. Checklist: Before, During, and After the Maternity and Disability Policy and Affidavit

Before signing

• Confirm your member number and current practising status.
• Choose your intended status during leave (practising or non‑practising).
• Set your leave start date and expected return date.
• List any planned legal work during leave, if allowed.
• Identify who will manage your files and trust matters.
• Gather supporting documents (medical note, due date, or birth record).
• Locate recent fee and insurance invoices for reference.
• Check CPD records and note your leave dates for adjustments.
• Arrange a meeting with a commissioner for oaths or a notary.
• Bring a valid photo ID for commissioning.
• Confirm submission method and any deadline.
• Prepare contact updates (email, phone) for the period you are away.

During signing

• Verify your legal name matches the regulator records.
• Confirm your member number and firm information.
• Review the leave start date and expected return date for accuracy.
• Check the box for the correct type of leave (maternity, parental, or disability).
• Read each declaration. Ensure you can truthfully attest.
• If you disclose any planned work, describe it clearly and briefly.
• Confirm trust account responsibilities and coverage arrangements.
• Attach required documents. Label them if the form asks.
• Sign only in front of the commissioner or notary.
• Ensure the commissioner or notary completes all fields, stamp or seal included.
• Initial any corrections. Avoid blanks—write “N/A” if not applicable.
• Keep a copy of the signed affidavit and all attachments.

After signing

• File the form using the required method (portal, email, or mail).
• Note the date and time of submission. Save any confirmation.
• Notify your firm administrator or accounting contact.
• Update your malpractice insurance status if needed.
• Update court, clients, and opposing counsel on coverage for active files.
• Adjust trust account signatories and banking controls.
• Update your website, voicemail, and email out‑of‑office message.
• Record CPD adjustments and keep your leave dates handy.
• Set calendar reminders for your expected return date and any reporting deadlines.
• Store the affidavit and confirmation in a secure file.

Common Mistakes to Avoid

• Don’t forget to finalize the affidavit in front of a commissioner or notary. If you sign it on your own, the regulator will reject it. That delays any fee or insurance relief.
• Don’t leave date fields blank or vague. Missing or conflicting dates can lead to partial relief or denial. Use exact dates. Update the form if your dates change.
• Don’t claim relief while continuing to practise without disclosure if you work during leave while on non‑practising status, you risk an investigation. You may owe back fees and face discipline.
• Don’t omit supporting documents. Without the minimal proof requested, processing stalls. Provide only what the policy requires, and protect sensitive details.
• Don’t wait until after you return to file. Late filings can reduce retroactive relief or eliminate it. Submit as soon as your dates are known.

What to Do After Filling Out the Form

1. File the form using the accepted method and keep proof of submission. If you do not receive confirmation within a reasonable time, follow up. Processing times vary, and early contact prevents gaps in coverage.
2. Watch for approval or requests for more information. Respond promptly if asked to clarify dates, status, or documents. Keep your explanation short and factual. If your leave dates change, send an update right away.
3. Coordinate your practice transition. Assign files to a colleague with clear instructions and deadlines. Update trust account controls and signing authorities. Document every transfer to show client protection and compliance.
4. Adjust your insurance and fees. After approval, review the confirmation for your effective date and any prorated amounts. Check your next invoice to ensure changes are reflected. If you return earlier or later than expected, notify the regulator to adjust amounts.
5. Manage court and client communications. File any necessary substitutions. Provide contact details for the lawyer covering your files. Maintain an out‑of‑office email with the coverage lawyer’s name and phone number. Update your voicemail to match.
6. Track CPD. Record your leave dates and any allowed adjustments. If you need to catch up after returning, calendar learning sessions now. Keep proof of completion.
7. Plan your return. A week before your expected date, confirm reactivation steps. This may include updating your status, restarting insurance, and paying any prorated fees. Reactivate trust account access and update firm and client communications.
8. Keep records. Store the signed affidavit, approval email or letter, and any correspondence. Retain them with your annual compliance documents. Good records speed up any future leave requests.
9. If circumstances change, amend promptly. For extended disability or a change in return date, send an updated affidavit or notice if required. Early notice prevents back‑billing and coverage gaps.
10. Finally, review the policy annually. Forms and rules can change. Before your next renewal, check if your status and coverage reflect your current practice.