Ontario Leave Options for Parents: Pregnancy Leave, Maternity Leave & Parental Leave Explained
Amidst the excitement of employee becoming parents, navigating the world of job-protected leaves of absence can feel overwhelming. In Ontario, expecting and new parents have access to various work leave options, including employee maternity leave and parental leave. Understanding the differences between these different types of leaves and your entitlements as an employee is crucial for planning a smooth transition into parenthood and return to your job.
This comprehensive guide explores pregnancy leave, maternity leave, and parental leave in Ontario, empowering you to make informed decisions about your time off work.
Employee Pregnancy Leave in Ontario
Pregnancy leave is a job-protected leave available to expectant mothers in Ontario. Here is a breakdown of some of the key points:
- Duration: typically up to 17 weeks before your due date.
- Notice: an employee must give their employer with at least two (2) weeks’ prior notice before beginning a pregnancy leave. Also, if the employer requests it, the employee must provide a certificate from a medical practitioner (which may include a medical doctor, a midwife or a nurse practitioner) stating the baby’s due date.
- Start Date: as early as 17 weeks before your due date, allowing flexibility to accommodate health needs. Generally, the latest a pregnancy leave can begin is on the baby’s due date. However, if the baby is born earlier than the due date, the latest the leave can begin is the day the baby is born. Within these limitations, an employee can start taking pregnancy leave any time within the 17 weeks up to and including the baby’s due date. The employer cannot decide when the employee will begin pregnancy leave even if the employee is off sick or if the pregnancy limits the type of work the employee can do.
- Eligibility: you must be an employee covered by the Ontario Employment Standards Act, 2000 and have been employed for at least 13 weeks before your baby’s due date to qualify for the full 17 weeks.
- Pay: parental leave is unpaid. In other words, pregnant employees have the right to take pregnancy leave of up to 17 weeks of unpaid time off work. This means that employers do not have to pay wages to someone who is on pregnancy leave. However, an employee might be eligible for Employment Insurance (EI) maternity and parental benefits (called “EI maternity and parental benefits“).
Example: A Typical Case Scenario
Melinda began her employment on January 2, which was 20 weeks before her due date on May 21. As a result, she is eligible to begin her pregnancy leave at any time after starting her employment, because there are at least 13 weeks between the date her employment began and her due date.
Employee Parental Leave in Ontario
Parental leave offers new parents, including birth mothers, adoptive parents, and same-sex partners in a permanent relationship with the child’s parent, extended time off work to care for their newborn or newly adopted child. In particular, these job-protected leaves of absence provide parents the following:
- Duration: Up to 63 weeks, with some variations.
- Birth mothers who took pregnancy leave are eligible for up to 61 weeks of parental leave.
- Birth mothers who did not take pregnancy leave and all other new parents can take the full 63 weeks.
- Start Date: You can begin your parental leave no later than 78 weeks after the date the baby is born, or the date the baby comes into in your care, custody or control. Employees may decide to take a shorter leave if they wish. However, once an employee has started parental leave, they must take it all at one time. The employee cannot use up part of the leave, return to work for the employer and then go back on parental leave for the unused portion.
- Pay: Unpaid leave. However, EI maternity and parental benefits can offer financial support.
Combining Pregnancy Leave and Parental Leave
The benefits of Ontario’s job-protected leave system lies in its flexibility. In other words, you can combine pregnancy leave with parental leave for a seamless transition. Let’s explore two case examples:
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Scenario 1: Taking Pregnancy Leave
- You choose to take the full 17 weeks of pregnancy leave before your due date.
- Following childbirth, you have up to 61 weeks remaining for parental leave.
- This allows for a total of 78 weeks off work (17 weeks pregnancy leave + 61 weeks parental leave).
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Scenario 2: Skipping Pregnancy Leave
- You opt not to take pregnancy leave before your due date.
- You then qualify for the full 63 weeks of parental leave after childbirth.
Important Considerations
While the leave options offer flexibility, here are some points to remember:
- Notice: You must provide your employer with written notice of your intention to take leave. The required notice period depends on your employment contract or industry standards, but typically falls within the 2-week to 8-week range.
- Job Security: Your job is protected while you are on leave. This means that your employer cannot terminate your employment or give your job to someone else solely because you are on leave (i.e., this is called re-instatement). If an employer considers an employee’s pregnancy, or an employee’s maternity or pregnancy leave, in the decision for a termination of employment, it would be considered a wrongful dismissal (entitling the employee to a financial severance package), as well as discrimination under the Ontario Human Rights Code.
- Benefits: Check with your employer regarding your benefits coverage during leave. Some employers might continue health benefits coverage or offer top-up payments to supplement an employee’s EI maternity and parental benefits.
Planning for Your Pregnancy and Parental Leave
Here is some helpful general educational information for planning your leave in Ontario:
- Communicate Early: inform your employer about your pregnancy and intended leave plans as soon as possible.
- Research EI Benefits: educate yourself on your entitlement to receive Employment Insurance maternity and parental benefits to understand eligibility and application procedures.
- Consider Childcare: research childcare options well in advance, especially if you plan to return to work after your leave. If necessary, you may consider requesting workplace accommodations from your employer for family status or family caregiving obligations.
Conclusion
Ontario’s leave system empowers new parents to prioritize their well-being and bond with their newborn child. By understanding pregnancy leave, maternity leave, and parental leave options, you can help position yourself for navigating your responsibilities as an employee and parent.
A termination of employment is a difficult and confusing time, particularly when it comes after announcing your pregnancy, or requesting a pregnancy or parental leave from work. If you are an employee who finds yourself in such situation, you may be entitled to bring a wrongful dismissal claim against your employer and seek a severance package. If you have already received a termination letter, it is important to consult with an Ontario maternity leave lawyer for a severance package review or to negotiate a severance package, as a wrongful dismissal impact an employee’s base salary, bonus, health benefits and pension plans.
If you are an employer or employee needing to speak with an experienced Ontario wrongful dismissal lawyer to discuss your options and next steps on how to deal with workplace issues, call Bune Law, employment law firm in Toronto. You will review and get guidance on your severance package before you agree to sign any termination documents, and help ensure that your severance package is fair and reasonable.