Q: I am having my first child soon and I am worried about how much time I will get to stay home from work with my baby.
What are my maternity leave entitlements?
A: Congratulations! Becoming a first-time parent can be a nerve-racking experience.
Here is what you need to know.
The Employment Standards Act (ESA) states that pregnant employees in Ontario have a right to take up to 17 weeks of unpaid time off for pregnancy leave.
Additionally, birth mothers who take pregnancy leave are also entitled to up to 61 weeks of unpaid parental leave once the child is born.
The ESA also outlines that birth mothers who do not take pregnancy leave and all other new parents (including adoptive) are entitled to up to 63 weeks parental leave.
However, in order to qualify for pregnancy or parental leave, an employee must have started employment in Ontario at least 13 weeks before their baby’s due date.
An employee is required to give their employer at least two weeks’ written notice before beginning pregnancy leave.
They must also provide a certificate from a medical practitioner (which can include a doctor, a midwife, or a nurse practitioner) stating the baby’s due date if their employer requests it.
While pregnancy and parental leave offered through the ESA are both unpaid, an employee may be entitled to paid benefits through the federal Employment Insurance (EI) program.
EI maternity benefits are offered to biological mothers (or surrogates) who cannot work because they are pregnant or have recently given birth.
The program provides a maximum of 15 weeks of EI maternity benefits.
The 15 weeks can start as early as 12 weeks before the expected date of birth and can end as late as 17 weeks after the date of birth.
There are also standard and extended parental leave benefits available through EI.
EI legislation states that standard benefits can be paid for a maximum of 35 weeks and must be claimed within a 52-week period after the week the child was born or placed for the purpose of adoption.
These benefits are available to any biological, adoptive, or legally recognized parents at a weekly benefit rate of 55% of the claimant’s average weekly insurable earnings up to a maximum insurable amount of $65,700.
The 35 weeks of standard parental benefits can be shared by two parents.
The extended parental benefits are for a maximum of 61 weeks which must be used within a 78-week period (18 months).
To be eligible for EI maternity or parental benefits, you must be employed in insurable employment in Canada, your normal weekly earnings are reduced by more than 40%, and you have accumulated at least 600 hours of insurable employment in the 52 weeks before the start of your claim.
Keep in mind that your job security is legally protected while you are on leave, and an employer cannot penalize an employee for taking pregnancy/parental leave.
In fact, the ESA outlines that employees on leave have the right to continue in certain benefit plans and earn seniority.
In most cases, employees must be given back their old job at the end of their pregnancy and/or parental leave.
