Pregnancy and Parental Leave

Your job will be protected by legislation while you are on maternity leave.

When a woman is pregnant, her employer must allow her time off work in the later stages of her pregnancy, while she has her child, and for a period following childbirth. This is called maternity leave.

There is also a second kind of leave, called parental leave. This is additional time that you can take off work to care for a new baby. Either parent can take parental leave. It is also available to parents who have newly adopted a child.

Both the provincial and the federal governments may be involved when you take a pregnancy or parental leave. For most types of jobs, provincial law specifies the amount of time that your job is protected. All Canadian provinces and territories now offer this type of job protection. During your leave, the federal government pays you benefits, which replace a portion of your salary. Benefits are not available to self-employed individuals.

Job Protection

During the time that provincial law protects your job, your employer cannot lay you off, fire you or penalize you in any way because you take maternity or parental leave. Your employer does not pay you; however, while you are on leave, you still accumulate seniority as you did while you were working. You can also continue to participate in employee pension plans, as well as life and health insurance plans, unless you ask not to. (You are still responsible for paying any employee contributions necessary for these plans.)

You must inform your employer in writing that you wish to take a pregnancy or parental leave. Your notice should include the date you plan to start your leave and the date you plan to return to work. For more information about giving notice (especially if your plans change), talk to your employer's human resources office or contact your provincial ministry of labour.

Receiving Benefits

During the time that you are not paid by your employer, the federal government will provide maternity benefits for up to 15 weeks and parental benefits for up to 35 weeks. Benefits usually amount to 55 percent of your regular salary, based on your earnings over the last 26 weeks, up to a maximum of $435 per week. Low-income families with a net annual income of $25,921 who receive the Child Tax Benefit can receive a higher benefit rate. To receive maternity benefits, you need to have worked for 600 hours in the past 52 weeks.

Parental benefits are only available within the 52 weeks following the child's birth, or for adoptive parents from the date the child arrives home. There is a two-week waiting period before these benefits begin. If you qualify for benefits, your first payment will be issued within 28 days of the date you file your claim. For more details about these benefits, visit Service Canada.

You must contact a Government of Canada Employment Insurance office to apply for maternal or parental benefits. Again, you can ask your employer's human resources office for guidance.

Some employers offer additional benefits as part of their employee benefits package. These benefits may pay all or part of your salary during the waiting periods before federal benefits begin. In some cases, they may also pay an additional portion of your salary during your leave.

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