PREGNANCY & PARENTAL LEAVE FOR EMPLOYEES

This will depend on the jurisdiction you work in. For example, in Ontario, you are entitled to up to 17 weeks of unpaid pregnancy leave and up to 63 weeks of unpaid parental leave. The combined total of maternity and parental leave cannot exceed 78 weeks.

This will depend on the jurisdiction you work in. For example, in Ontario, you can start your pregnancy leave up to 17 weeks before your expected due date. Parental leave can begin any time within 78 weeks of the child’s birth or the date the child comes into your care.

Your employer is generally not required to pay you during these leaves. However, you may be eligible for Employment Insurance (EI) benefits. You should apply for EI benefits well in advance of your leave.

No, your employer cannot refuse your request for leave if you meet the eligibility requirements, which generally include a minimum length of employment.

Yes, your employer must reinstate you to your previous position or a comparable one when you return from leave.

If you experience complications, you may be eligible for sick leave or a longer period of pregnancy/parental leave. It’s important to communicate with your employer and healthcare provider about your situation.

The required notice period varies slightly across Canada, but generally, you must provide your employer with written notice of your intention to take pregnancy or parental leave. The notice should include the expected start date of your leave and, if possible, the expected return-to-work date.

• Federal (for federally regulated employees): Under the Canada Labour Code, you must give at least four weeks’ written notice before the start of your leave.
• Provincial/Territorial: Most provinces and territories have similar notice requirements, often ranging from four to eight weeks. Some jurisdictions specify a minimum notice period before your due date for pregnancy leave. In Ontario, you must provide two weeks’ notice to your employer before commencing a pregnancy or parental leave, unless you must stop working earlier (e.g. due to complications caused by the pregnancy). It’s crucial to check the specific legislation in your province or territory for the exact requirements. It is always best practice to provide as much notice as possible.

Yes, you generally need to provide your employer with written notice of your intention to return to work. If you don’t, the presumption is generally that you will take your full entitlement.

• Federal: Under the Canada Labour Code, you must give at least four weeks’ written notice of your intended return-to-work date.
  Provincial/Territorial: Most provinces and territories have similar requirements, often mirroring the notice period required for the initial leave. Again, it’s essential to consult the specific legislation in your jurisdiction. In some cases, if you do not return on the date specified in your notice, you may be required to provide additional notice.

You can find more information on the website of Employment and Social Development Canada (ESDC) and your provincial Ministry of Labour. You can also consult with an employment lawyer for advice on your specific situation.