HuffPost is part of Verizon Media. At the same time, the news of becoming pregnant brings it with a plethora of concerns for soon-to-be parents. Oh, Canada. Find out more about how we use your information in our Privacy Policy and Cookie Policy. On the other hand, Pregnancy Leave is for 17 weeks and must be taken before the baby is born. Of course, if you are on pregnancy or parental leave, your employer will already know that you have a new child to look after. Such evidence must be “reasonable in the circumstances, at a time that is reasonable in the circumstances.”. + 35 weeks of standard parental. To enable Verizon Media and our partners to process your personal data select 'I agree', or select 'Manage settings' for more information and to manage your choices. Information about your device and internet connection, including your IP address, Browsing and search activity while using Verizon Media websites and apps. Maternity and parental leave is a protected leave in Ontario. She must then provide a medical certificate attesting to the reasons that oblige her to leave work. 4, pp. Generally, the leaves require a period of active employment before an employee is eligible, are only for a set amount of time and are unpaid. If your job no longer exists, your employer must find you a similar position. I plan to make every attempt to complete all of my high-priority tasks before I am on leave. Vacation Time vs Vacation Pay To avoid any gaps in payment, you can apply for the CERB before you stop receiving pregnancy or parental benefits. New mom Stephanie Zanin was on her last month of maternity leave when the company she’s worked with for the last two and a half years told her she wouldn’t be able to come back to work. Some common questions we often receive regarding ri… COVID-19 might have thrown a wrench into your plans to return to work after your pregnancy or parental leave, even if those plans coincided with Ontario’s moving into Stage 2 of reopening. More information about the COVID-19 leave for federal employees can be found here. If I tell her though or quit my job will it affect my maternity benefits? It is also worth noting that you are not required to prove that you will be the only person who could provide care for your child. It is therefore possible that your employer will not ask you to provide evidence that you need the leave to care for your new child. What does my employee need to provide before taking maternity or parental leave? Generally, we think it is better to do so in writing, even if it is just in an email. You can change your choices at any time by visiting Your Privacy Controls. While it is not entirely clear, there is a good argument that parents and caregivers could still qualify for unpaid, job-protected leaves that have been created in Ontario and at the federal level to protect employees who cannot work for reasons related to COVID-19, even though daycares have opened. You have the right to take time off … If you wrote a maternity leave letter, include a copy of it or mention it in this new letter to remind your employer of when your maternity leave began and when it's scheduled to end. Your employer likely also knows that while daycares have reopened, there are fewer childcare centres and fewer spots available in the province. I want to tell my boss out of respect for her. This includes limiting the number of children and staff to groups of 10 or fewer. Treatment: Employers cannot treat an employee any different for asking for, taking, or returning from a Pregnancy Leave. You’ve been out of the flow of the office for weeks or months, and you’re returning as a different person with new priorities and concerns. EI maternity and parental benefits generally pay out only 55% of your income, up to a maximum amount. Pregnancy Leave and Parental Leave. I would suggest that Christine’s comments also extend to other types of absences, such as a maternity or parental leave, a sick leave or workplace sabbatical. The Ontario Ministry of Labour cannot help a worker to receive these federal benefits. COVID-19 Returning from pregnancy or parental leave during COVID-19? Childcare centres are permitted to reopen on the condition that they follow strict public health measures. If you choose to take extended parental leave, your pay is 33% of your insurable income for up to 69 weeks. See also our post discussing whether you can stay off work even though daycares have reopened. For example, according to the BC Employment Standards Actan employee in British Columbia must submit a request for leave in writing at least 4 weeks before the first day of leave. According to the ESA, upon the conclusion of an employee’s Maternity Leave, the employer must reinstate the employee to the position the employee most recently held with the employer, if it still … While on this unpaid leave, you are entitled to participate in employer benefit plans unless you opt not to in writing. En savoir plus sur les navigateurs que nous supportons. Ontario’s Employment Standards Act (ESA) states the requirements for maternity leave, using the terms “pregnancy leave” and “parental leave”. Employees who work for federally regulated employers and are unable to return to work following a pregnancy or parental leave for reasons related to COVID-19 would likely be eligible for this new leave. Each province has minor variations regarding the length of leave, which are outlined below. In Ontario, maternity leave under the ESA is generally broken up into 2 leaves: a pregnancy leave and a parental leave. See also our post discussing whether you can stay off work even though daycares have reopened, Learn more about family status accommodation in the context of COVID-19 here, More information about the COVID-19 leave for federal employees can be found here, see our post on COVID-19 worker income supports, Explore whether you should request an accommodation from your employer on the basis of “family status,” which is a protected ground under the Ontario. Before you decide whether you should take one of the unpaid leaves described below, you should consider two other options first: If these options are not possible for you, or you require more time off than your paid leave entitlement provides, an unpaid job-protected leave may then be the best option. (2017). In Henderson v. Marquest Asset Management Inc., 2010 CanLII 34120 (ON LRB), the Ontario Labour Relations Board (OLRB) found that the employer breached s. 53 of the ESA when it terminated the employment of a woman who took a maternity leave, and retained the person hired to replace her while she was on leave.The OLRB confirmed that a woman should not be disadvantaged by taking a maternity … Maternity parental leave In Ontario, both parents of a new child are eligible for unpaid maternity/parental leave, over and above the pregnancy leave offered to birth mothers. All Rights Reserved. We are very lucky in Canada to have a 12-month parental leave (and now 18 month parental leave). Again, no one parent can … Find out about other leaves here. You’ll need to pay tax on any benefits you get during maternity, parental or adoptive leave. Les navigateurs désuets ne disposent pas de caractéristiques sécuritaires permettant d’assurer la sécurité de vos renseignements. To learn more about the CERB, see our post on COVID-19 worker income supports. An employer may not fire an employee or change a condition of their employment because they are pregnant, or for taking maternity/parental leave under the ESA. There are other leaves under the Employment Standards Act that may apply to your situation. The leave is called the “Infectious Disease Emergency Leave.” It will be available to provincial employees for long as COVID-19 is listed as a “designated infectious disease”. Pursuant to Part XIV of the Ontario Employment Standards Act, 2000 ("the ESA") a female employee, working in Ontario, who becomes pregnant has the right to take up to 17 weeks of pregnancy leave, and both parents, once a child is born or adopted, have the right to take up to 35 weeks of parental leave. PREGNANCY AND PARENTAL LEAVE. You must inform your employer that you intend to take this leave. You should also apply for the CERB via the application available through Canada Revenue Agency because Service Canada has been having difficulty processing CERB applications from individuals returning from pregnancy or parental leave. Birth mothers are entitled to take up to 35 weeks of maternity leave, while all other parents (fathers, adoptive mothers etc.) Parental leave in Ontario is for both parents, whereas Pregnancy Leave (which some people call maternity leave) is only for birth mothers. This includes parents or caregivers who must stay home without pay to care for children who are sick or at home because of school or daycare closures. The only exception is if the employer shuts down its business while you are on leave. You should do so in advance, if that is possible. A: Whether you are a new mother or father, the Employment Standards Act provides unpaid leave from work, within 1 year of your child being born or coming into your care. Enhancing Productivity: What's mine Is Yours and What's yours Is Mine Five yours ago, Shaconie was returning from maternity leave and was wondering how she was going to manage her academic role as undergraduate hospital program director at North York General Hospital in Toronto, Ontario; her practice; and her young family. Full-time, part-time and contract employees are eligible for this type of leave of absence. If Natalie chooses to take fewer weeks of parental benefits, her partner can apply for … If you're going back to the same position you left before maternity leave, state your intent to resume your position. You do not need to apply for this leave, or ask your employer for permission to take the leave. I work for the Ontario government, so I can tell you for sure that there is no rule in place saying your employer has to wait a certain amount of time before terminating you after you return from maternity leave.Your employer The Canada Emergency Response Benefit (“CERB”) provides for direct payments to workers economically affected by COVID-19. I live in Ontario and I am planning on taking two years off of work. A pregnant employee is entitled a certain amount of unpaid maternity/parental leave from work under the ESA. The leave is unpaid and capped at 16 weeks. You must take at least 6 weeks of leave immediately following the delivery date. Yes. Her partner can apply for up to 5 weeks of standard parental benefits to care for the baby. In Ontario, you are entitled to receive Maternity Leave benefits while you are home for 52 weeks. If this were to happen, the employer does not have to go back into business to create a job for you. Maternity leave in Canada. The most commonly used ESA leaves are pregnancy leave and parental leave. We and our partners will store and/or access information on your device through the use of cookies and similar technologies, to display personalised ads and content, for ad and content measurement, audience insights and product development. Unpaid leave: If you have pregnancy complications and your company has given leave to other employees with similar challenges, you may be able to request unpaid time off. Hi Mama. According to the EEOC, any women returning from maternity leave must be treated the same as other workers allowed leave for a temporary disability. All parties, including the employee, supervisors and managers, and union representatives, are responsible for cooperating and communicating respectfully, and in a timely manner, in the search for accommodation in the workplace. = 50 weeks total for Natalie. It is assumed and expected that at the end of the leave, a woman will have the right to return to her original position of employment. Your employer or collective agreement might offer paid leave through personal days, discretionary leave, or the use of sick credits. Check with your employer or, if you belong to a union, your collective agreement, to see if you can take a paid leave. That way, the CERB payments can begin once your pregnancy or parental benefits cease. You can inform the employer either orally or in writing. Also, if you return to work early, both you and your partner may qualify for Shared Parental Pay and Leave, which must be taken within a year of the childbirth. ©2020 Goldblatt Partners LLP. Vous utilisez un navigateur désuet qui n’est plus accepté par Ontario.ca. Each province also has minor variations regarding what is required by the employee at the start and end of the leave. One woman in Ontario, however, is claiming that one of the country's largest sports conglomerates has denied her return to work, and now she is bringing a wrongful termination suit against her former employer. 235-249. Under this program, eligible workers can receive parental benefit payments during their parental leave. There is no maximum number of days for this leave. This will pose a considerable challenge to an already overburdened and in-demand service. I'm writing to let you know of my pregnancy and intention to take a 12-week maternity leave. You are entitled to up to 16 weeks of maternity leave. On March 19, 2020, the Ontario government amended the Employment Standards Act to include an unpaid leave for people who cannot perform their employment duties for reasons relating to COVID-19. A protected leave of absence is one in which the employee’s job is protected while they are away, and the employer is required by law to provide the same or similar job upon the employee’s return from the leave. The Ontario government announced that daycares would reopen in the province effective June 12, 2020. COVID-19 might have thrown a wrench into your plans to return to work after your pregnancy or parental leave, even if those plans coincided with Ontario’s moving into Stage 2 of reopening. In addition, workers must be allowed to work as long as she can perform her job before she takes maternity leave. Also she is having a hard time finding someone good to take a contract. This legislation also covers parent employee rights, specifically to address the matter of job security while you are off taking care of your new child. The leaves set out the parameters under which an employee can take a leave and have their job held until their return. Jobs: An employee’s job is protected for when they return from Maternity Leave. The Ontario government announced that daycares would reopen in the province effective June 12, 2020. The employee must give her employer, 3 weeks before leaving, a written notice mentioning the date when she is going on maternity leave and that of her return to work. Employers aren’t required to pay you during either of these leaves, unless they’ve agreed to do so through your employment contract, their internal policies or otherwise. Whether you’re taking maternity leave in Ontario, maternity leave in Alberta, maternity leave in Manitoba, or maternity leave in British Columbia, we all have the same access to 12 months or 18 months of parental leave. My due date is Dec. 4, 2019. Transitioning back to work after parental leave is hard. Your employer must pay its share of the premiums and you may be required to pay the employee share. 15 weeks of maternity. The Infectious Disease Emergency Leave will last for as long as you need to care for your child for a reason related to COVID-19, and while COVID-19 is a designated infectious disease. “Job protected” means you have the right to return to your job at the end of your leave. Parental Leave is 63 weeks and must be taken after the baby is born. The province has stated that it will prioritize essential workers, including those currently using emergency childcare centres, in allocating the limited spaces available. Despite this, your options for childcare may continue to be more limited than the announcement suggests. Ontario’s Employment Standards Act, 2000 (ESA) governs the fundamental rights for most Ontario workers. Canadian Police Mothers and the Boys’ Club: Pregnancy, Maternity Leave, and Returning to Work. Not returning to work EI question: does anyone have any information regarding quitting your job before mat leave? Having a baby is supposed to be one of the most exciting events in one’s life, and thankfully, our employment laws (for both provincially and federally regulated employees) allow new parents to take significant time off work for parental and maternity leave in ontario. Or you could ask for up to 12 weeks of unpaid leave through the Family and Medical Leave Act, but that could leave you with less time off after your baby is born. Remember, no one parent can exceed 35 weeks of maternity leave pay in Ontario. Employees who take an Infectious Disease Emergency Leave can be asked by their employer for evidence that they are entitled to the leave. The CERB will be available between March 15 and October 3, 2020. New and expecting parents have the right to take unpaid time off work and to return to the same job once their leave of absence is over. Women & Criminal Justice: Vol. The time period may be shorter if her state of health obliges her to leave sooner. Job Security and Parental Leave. The Infectious Disease Emergency Leave is available to most workers who are unable to work because they need to provide care or support to an individual, including a child, because of COVID-19. What Happens If I am Too Sick to Continue Work While Pregnant? This gives you a weekly pay of up to $344. You can start your maternity leave at any time within 13 weeks of the estimated delivery date. With fewer spaces available and fewer centres open, many parents in Ontario will still be left with limited childcare options. The province has also acknowledged that many centres will need more time to prepare and plan to reopen, meaning fewer childcare centres will open immediately. 27, No. This means that if you are unable to work because you have childcare responsibilities due to the lack of daycare availability, you may be eligible for this leave. In case of unforeseen problems with th… If you are a union member, you must continue to pay your dues and your seniority should normally continue to accrue. Your Rights on Return From Additional Maternity Leave (AML) Similar to the Ordinary Maternity Leave, you are entitled to return to work during or at the end of Additional Maternity Leave. I anticipate returning back to work on March 1, 2020. The Quebec Parental Insurance Plan pays a maximum of 75% of your income, up to a maximum amount. Like the Ontario Employment Standards Act, the Canada Labour Code has new “Leave Related to COVID-19” provisions for federal employees impacted by COVID-19. may take off up to 37 weeks. I plan to work from home starting Nov. 15 and work until my due date. The CERB will provide eligible workers with $500 per week for 4 weeks and, as announced by the Prime Minister on June 16, 2020, it is now renewable to a maximum of 24 weeks. 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