PREGNANCY & PARENTAL LEAVE FOR EMPLOYERS

Under Canadian law, you have several obligations to pregnant employees and those taking parental leave, including:

• Pregnancy Leave: You must grant eligible employees an unpaid job protected pregnancy leave, the length of which will depend on the jurisdiction where the employee is working. In Ontario, employees are entitled to up to 17 weeks of unpaid pregnancy leave, which can begin as early as 17 weeks before the employee’s due date.
• Parental Leave: You must grant eligible employees an unpaid job protected parental leave, the length of which will depend on the jurisdiction where the employee is working. In Ontario, parents can take up to 63 weeks of unpaid parental leave (61 weeks if they have also taken pregnancy leave). In some jurisdictions, the maximum parental leave is capped if being shared by parents who work for the same employer.
• Job Protection: You must reinstate employees returning from pregnancy or parental leave to their previous position. In some circumstances, you may be able to reinstate an employee to a comparable position.
• No Discrimination: You cannot discriminate against employees based on pregnancy or their intention to take parental leave.

You are generally not required to pay employees while they are on pregnancy or parental leave. However, you may have to continue benefit contributions and seniority accrual. Employees may be eligible for Employment Insurance (EI) benefits during this time.

Yes, you can request a medical certificate from a qualified healthcare practitioner confirming the pregnancy and estimated due date.

Pregnancy and parental leave can be extended in certain circumstances, such as if the child is hospitalized or if the employee takes other types of leave. The specific rules vary by province.

Employees are generally required to provide written notice of their intention to take pregnancy or parental leave, specifying the expected start date and, if possible, the anticipated return-to-work date.

• Federal (for federally regulated employers): Under the Canada Labour Code, employees must provide at least four weeks’ written notice before the start of their leave.
• Provincial/Territorial: Most provinces and territories require employees to provide four to eight weeks’ written notice. Some jurisdictions also specify a minimum notice period before the due date for pregnancy leave. In Ontario, an employee must provide two weeks’ notice to their employer before commencing a pregnancy or parental leave, unless the employee must stop working earlier (e.g. due to complications caused by the pregnancy).

It is best practice to encourage employees to provide as much notice as possible to facilitate planning and operational continuity. Always refer to the applicable legislation for precise notice requirements.

Yes, employees are generally required to provide written notice of their intention to return to work.

• Federal: Under the Canada Labour Code, employees must give at least four weeks’ written notice of their intended return-to-work date.
• Provincial/Territorial: Most provinces and territories have similar requirements, often mirroring the notice period required for the initial leave. In Ontario, employees are not required to advise their employer of the end date of their pregnancy or parental leave.

If an employee fails to or is not required to provide notice, the default assumption is that they will take their full entitlement. It is important to note that an employee’s failure to provide notice of the start or end of pregnancy or parental leave will not disentitle them to these leaves.

Employers should review the applicable legislation and clearly communicate notice expectations to employees to ensure compliance and a smooth return-to-work process.

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 specific situations.