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The Canadian Labor Code defines maternity and parental
leave laws in Canada. Under the legislation of this Code, female
employees
are entitled to a standard 17 weeks unpaid, job-protected maternity
leave and both male and female employees are granted up to 37 weeks
unpaid, job-protected parental leave.
The Canadian Labor Code defines maternity and parental leave laws
in Canada. Under the legislation of this Code, female employees
are entitled to a standard 17 weeks unpaid, job-protected maternity
leave and both male and female employees are granted up to 37 weeks
unpaid, job-protected parental leave. This is the federal standard,
however, legislation in each province varies. http://www.lib.uwo.ca/business/maternity.html#can.
Unemployment Insurance compensates maternity and parental leaves.
These consist of 15 weeks of benefits at 60% of the employee's
regular wage. To cover the Parental Leave, a monthly UI payment
is allotted, to a maximum set by the UI standard. All maternity/parental
leave benefits are taxable income.
Only female employees that have completed six consecutive months
of continuous employment with the same employer are eligible
to receive the 17-week leave of absence. An employee may apply
prior
to having completed six months of employment, but leave cannot
begin until six months of employment are completed.
The same time-frame restrictions apply to natural or adoptive
parents applying for parental leave. Women may take both the
maternity
and parental leaves consecutively, however, the total duration
of these leaves must not exceed 52 weeks.
Both parents are eligible to take parental leave if they both
work for an employer falling under the jurisdiction of the
Labor Code.
The self-employed, for example, are not considered eligible.
Parents have the option of taking their parental leave at
the same time,
or one after the other, as long as the total combined parental
leave does not exceed 37 weeks. Even if two separate employers
employ them, the two employees must combine their parental leave.
When can leave be taken?
The 17-week maternity leave may be taken any time beginning 11
weeks before the expected birth date and ending 17 weeks after
the actual delivery date.
Parental leave may be taken any time during the 52-week period
starting the day the child is born or, if adopted, the day the
child comes into the employee's care.
Obtaining Leave
An employee must give the employer written notice advising the
employer of the intended length of leave at least four weeks before beginning
either maternity or parental leave.
For maternity leave, the employee must also provide the employer
with a certificate from a qualified medical practitioner confirming
that she is pregnant.
A pregnant employee cannot be forced to take leave unless her
employer can show that she is unable to perform an essential
function of her job.
Returning to work
The employee must be reinstated back to her or his former position. If this
is not possible, they must be given a comparable position in the same location
and with the same wages and benefits. However, if, during a leave period, the
wages and benefits of a group of employees are reduced, the employee will receive
the same reduction. Likewise, if wages and benefits for the employee's group
are increased during leave, the employee is entitled to the increases.
Pension, health and disability benefits continue during the leave
period provided and the employee pays any contributions she or
he would normally have paid. Choosing
to not continue payment of contribution while on leave will not affect the employee’s
employment status. These benefits may lapse during the leave period, but employment
upon reinstatement is considered to be continuous with employment before the
leave, with benefits remaining the same.
The employer must pay at least the same share of contributions
as if the employee were not on leave, unless the employee does
not pay her or his contributions.
Unlawful to dismiss
An employer may not dismiss, suspend, lay off, demote or discipline an employee
because she is pregnant or because she or he intends to take maternity or parental
leave. Nor can an employer dismiss an employee because she has applied for
a maternity-related reassignment or leave, or has requested a modification
of her job functions.
Maternity-related reassignment
and job modification
An employee who is pregnant or nursing may request that her employer modify her
job functions, if they pose a risk to her health, and reassign her to another
job. A certificate from a qualified medical practitioner must be provided for
this request, indicating how long the risk is likely to last and what activities
or conditions should be avoided in order to eliminate the risk.
An employee who has made a request for a reassignment or job
modification is entitled to leave with pay while the employer is examining
her request and until
the employer modifies her job function, reassigns her or informs her that it
is not possible to modify her job functions or reassign her.
Where a reassignment or a job modification is not possible,
an employee may take an unpaid leave of absence for the duration of
the risk as indicated in
the medical
certificate.
An employee who is pregnant or nursing is entitled to an unpaid
leave of absence during the period from the beginning of the pregnancy
to the end
of the twenty-fourth
week following the birth. However, she must provide the employer with a
certificate of a medical practitioner indicating that she is unable
to work because of
the pregnancy.
Unemployment Insurance Compensation
To be entitled for UI compensated maternity benefits, employees must show that:
·
Their regular weekly earnings have been decreased by more than 40% and
·
They have accumulated 600 insured hours in the previous 52 weeks.
A combination of maternity, parental and sickness benefits
can be received up to a combined maximum of 50 weeks. Maternity
benefits are payable to the birth
mother (or surrogate mother) for a maximum of 15 weeks. It is important to
note that an employee does not have to collect EI maternity
and/or parental benefits
to be eligible to take maternity and/or parental leave.
For more information on Canadian Maternity Leave laws, the following
websites are useful:
http://laws.justice.gc.ca/en/L-2/
http://www.sdc.gc.ca/en/ei/types/special.shtml
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