The right to parental leave is a cornerstone of workplace equity and supports the well-being of families. Ontario’s employment laws offer a robust framework to support employees during the significant life event of welcoming a new child, allowing them to balance their work and family responsibilities. Maternity leave entitlements are designed to balance an employee’s work responsibilities with family care.
This blog post will provide a detailed overview of maternity leave entitlements in Ontario, the rights and responsibilities of employees and employers, and common challenges of maternity leave.
An Employee’s Right to Maternity Leave
Ontario’s Employment Standards Act sets out minimum standards for maternity in Ontario. Pregnant employees are entitled to take maternity leave. However, not all employees working in Ontario are governed by the Employment Standards Act. If you are an employee of a federally regulated industry, your rights are outlined under the Canada Labour Code.
Your right to maternity leave is dependent on your due date. However, it is important to note that you are only entitled to maternity leave if you have been working for your employer for a minimum of thirteen weeks before your due date. However, you do not need to actively work the 13 weeks before the baby’s due date to be eligible.
What is Maternity Leave?
Maternity leave is job-protected leave available to pregnant employees in Ontario. While it is unpaid time off of work, employees on maternity leave are still entitled to participate in their employer’s benefit plans and can acquire seniority. In other words, an employee cannot be penalized by their employer in any way for planning, taking, or being eligible to take maternity leave. Upon returning from maternity leave, an employee is entitled to be reinstated to the same position that they were in immediately before taking leave. If the same job no longer exists, the employer must allow the employee to return to a comparable job and cannot reduce the employee’s wages.
Maternity Benefits
An employee may be eligible to receive employment insurance (EI) maternity benefits during this time; however, maternity benefits cannot be shared between parents as they are only available to pregnant people or those who have recently given birth. In 2024, maternity benefits can be received for up to 15 weeks with a weekly maximum benefit of up to $668.
Employees receiving maternity benefits may also be eligible for parental benefits and can apply for both simultaneously.
Maternity Leave Timing
The timing of maternity leave is also important, as employees may take maternity leave 17 weeks before their due date at the earliest, with the baby’s due date being the latest day to commence maternity leave.
Pregnant employees are entitled to 17 weeks of maternity leave, which must be taken all at once. Once an employee returns from maternity leave, their leave period is over.
Providing Your Employer With Notice
For some employees, telling their employer that they are pregnant or planning to take maternity leave can be stressful. However, it is important to remember that you are entitled to take maternity leave, and you cannot be penalized for exercising this right. When planning to take maternity leave, it is important to give your employer at least two weeks’ written notice before the date on which you will commence your leave. In cases of maternity leave, an employer can request a doctor’s certificate confirming the baby’s due date to confirm that maternity leave will be taken at the right time.
If you decide to change the start date of your maternity leave for any reason, it is important to provide your employer with new written notice two weeks before the original commencement date.
Parental Leave
Ontario employees also have a right to take parental leave, which is unpaid time off work. Like maternity leave, employees on parental leave also maintain the right to participate in employer benefit plans and can continue to acquire seniority. In other words, taking parental leave does not create a break in their employment. Furthermore, employers cannot penalize employees for planning, taking, or being eligible for parental leave.
Parental Benefits
Parents of a newborn or a newly adopted child are eligible for parental benefits and must choose between standard or extended parental benefits. This decision determines the number of weeks and weekly benefits you will receive. Standard parental benefits are provided for a period of 52 weeks, while extended parental benefits are provided over the span of 78 weeks.
Parental Leave Timing
For birth mothers, parental leave usually begins as soon as their baby is born. Birth mothers who take maternity leave may take up to 61 weeks of parental leave, while all other new parents are entitled to up to 63 weeks off. Like maternity leave, employees must take their full parental leave all at once and cannot take further parental leave once they return to work.
Final Thoughts on Maternity Leave for Ontario Employees
Consulting with an employment lawyer can provide valuable guidance if you have questions or concerns about maternity or parental leave. An experienced lawyer can help you understand your rights, navigate complex situations, and protect your interests. Employees and employers can ensure a smooth transition during this important life stage by understanding the rights and responsibilities associated with maternity and parental leave.
Contact Haynes Law Firm in Toronto for Comprehensive Legal Advice on Employee Rights in the Workplace
The experienced employment law team at Haynes Law Firm, led by Paulette Haynes, is passionate about helping employees understand their rights at work and navigate complex employment-related disputes effectively. Our employment law team identifies and pursues the most advantageous path to address employees’ issues and guides each client through the complex legal process. To arrange a consultation, contact us by phone at 416-593-2731 or reach out to us online.
