Ontario Maternity And Parental Leave: What You Need To Know

Eligibility for Maternity and Parental Leave

In Ontario, all pregnant employees are entitled to take unpaid pregnancy leave of up to 17 weeks. However, in some cases, the leave may be longer depending on certain circumstances. To be eligible for maternity leave, employees must meet the following criteria:

The employee must be pregnant.
The employee must have been employed with the same employer for at least 13 weeks before the expected due date or the actual birth date.

It’s important to note that the 13-week requirement can include any length of employment, including part-time or temporary positions. Additionally, employees must provide their employers with written notice of their intention to take pregnancy leave at least two weeks before their intended start date.

Duration of Maternity and Parental Leave

As mentioned earlier, pregnant employees in Ontario are entitled to take up to 17 weeks of unpaid time off work for pregnancy leave. However, in some cases, the leave may be longer. For example, if the employee experiences a pregnancy-related disability, they may be eligible for an additional leave period. This extension is typically granted if the employee’s doctor certifies that they are unable to work due to pregnancy complications.

In terms of parental leave, both parents are entitled to take up to 61 weeks of unpaid time off work to care for their newborn or newly adopted child. This leave can be shared between parents, but each parent cannot receive more than 40 weeks of standard parental benefits. It’s important to note that the duration of parental leave can vary based on individual circumstances and the employee’s employment status.

Standard Parental Benefits

During parental leave, eligible employees in Ontario can receive standard parental benefits. These benefits are paid at a weekly rate of 55% of the employee’s average weekly insurable earnings, up to a maximum amount. The maximum amount changes annually, and for the year 2022, it is set at $652 per week. It’s important to note that these benefits are subject to applicable taxes and employment insurance (EI) premiums.

To be eligible for standard parental benefits, employees must meet the following criteria:

The employee must have contributed to the EI program.
The employee must have accumulated 600 hours of insurable employment in the last 52 weeks or since their last claim, whichever is shorter.

It’s important for employees to apply for parental benefits as soon as possible, as there may be a waiting period before the benefits are paid out. This waiting period is typically one week, but it may be longer in some cases.

Maternity Leave in Ontario

Maternity leave, also known as pregnancy leave in Ontario, is a specific type of leave designed to support expecting mothers during pregnancy and after giving birth. It provides employees with the opportunity to take time off work to care for themselves and their newborn child. Here are some key points to know about maternity leave in Ontario:

Maternity leave is unpaid: Unlike parental leave, maternity leave in Ontario is unpaid. However, eligible employees may be able to access Employment Insurance (EI) benefits during their maternity leave period.
Duration of maternity leave: Pregnant employees can take up to 17 weeks of maternity leave. This leave period typically starts before the expected due date or the actual birth date, depending on the employee’s preference.
Job protection: Employees on maternity leave are entitled to job-protected leave, meaning that their employer cannot terminate their employment during this period.
Notification requirements: Pregnant employees must provide written notice to their employers at least two weeks before their intended start date for maternity leave.
Return to work: At the end of maternity leave, employees have the right to return to their previous position or a comparable position with the same pay, benefits, and terms of employment.

Parental Leave in Ontario

Parental leave is a separate type of leave available to both parents in Ontario. It allows parents to take time off work to care for their newborn or newly adopted child. Here’s what you need to know about parental leave in Ontario:

Duration of parental leave: Both parents are entitled to take up to 61 weeks of unpaid parental leave. However, each parent cannot receive more than 40 weeks of standard parental benefits.
Shared leave: Parents have the flexibility to share the parental leave between themselves. They can decide how many weeks each parent will take, as long as the total does not exceed 61 weeks.
Job protection: Similar to maternity leave, parental leave is also job-protected. Employers are not allowed to terminate an employee’s employment during this period.
Notification requirements: Employees are required to provide written notice to their employers at least two weeks before their intended start date for parental leave.
Return to work: At the end of parental leave, employees have the right to return to their previous position or a comparable position with the same pay, benefits, and terms of employment.

Benefits and Support During Maternity and Parental Leave

Taking maternity and parental leave in Ontario can come with financial challenges, as these leaves are generally unpaid. However, there are programs and benefits available to support employees during this time. Here are some resources to consider:

Employment Insurance (EI) benefits: Eligible employees can apply for EI benefits during their maternity and parental leave periods. These benefits provide partial income replacement to help offset the financial burden of unpaid leave.
Quebec Parental Insurance Plan (QPIP): For employees in Quebec, the Quebec Parental Insurance Plan provides benefits similar to EI benefits but with some slight differences in terms and conditions.
Workplace policies and benefits: Many employers offer their own maternity and parental leave benefits beyond the minimum requirements. It’s important for employees to familiarize themselves with their company’s policies and inquire about any additional benefits or support available.
Community resources: Local support networks, parenting groups, and community organizations can be valuable sources of information and assistance during maternity and parental leave. These resources can provide emotional support, parenting education, and practical guidance through various stages of parenthood.

Ontario Maternity And Parental Leave FAQs

Can both parents take parental leave at the same time?
Yes, both parents are eligible to take parental leave at the same time or at different times. The total combined leave period cannot exceed 61 weeks.
Can an employee extend their maternity leave beyond 17 weeks?
Yes, an employee may be able to extend their maternity leave beyond 17 weeks if they experience a pregnancy-related disability. This extension can be granted with a medical certificate from their doctor.
Can an employee work during their maternity or parental leave?
In general, employees are not allowed to engage in work-related activities during their unpaid maternity or parental leave. However, certain exceptions may apply, such as casual work or self-employment that does not interfere with the purpose of the leave.
Can an employer refuse an employee’s request for maternity or parental leave?
No, employers are not allowed to refuse an employee’s request for maternity or parental leave if the employee meets the eligibility criteria. Employees are entitled to their leaves as provided by the Employment Standards Act of Ontario.
Can an employee use vacation or sick days instead of taking maternity or parental leave?
No, maternity and parental leave are separate from vacation and sick leave. Employees cannot substitute their vacation or sick days for maternity or parental leave unless they voluntarily choose to do so.

Conclusion

Ontario maternity and parental leave are vital benefits that support expecting mothers and parents in caring for their newborn or newly adopted children. Maternity leave provides pregnant employees with unpaid time off work, while parental leave allows both parents to take unpaid time for childcare responsibilities. Understanding the eligibility criteria, duration, and benefits associated with these leaves is crucial for both employers and employees. As an HR professional with years of experience, I highly recommend employees take advantage of these leaves to prioritize their well-being and bond with their growing families.

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Lora Turner

Lora Turner is an Experienced HR professional worked with the large organizations and holding 15 years of experience dealing with employee benefits. She holds expertise in simplifying the leave for the employee benefits. Contact us at: [email protected]