How long is parental leave in canada




















Last Reviewed: January What is parental leave? How long is it? There are certain rules around who can get parental leave and when: A pregnant employee is entitled to up to 62 consecutive weeks of parental leave. Parental leave starts after maternity leave. This means a pregnant employee can take a leave of up to 78 weeks 1. The pregnant employee must have worked for their employer for at least 90 days before the start of the leave. The parent must have worked for their employer for at least 90 days before the start of the leave.

Adoptive parents can take parental leave of up to 62 consecutive weeks within 78 weeks after the child is placed with the adoptive parents for the purpose of adoption. An adoptive parent must have worked for their employer for at least 90 days before the start of the leave. You must give written notice to your employer at least 6 weeks before starting the leave. If you and the other parent want to share parental leave, you must include this in your notice.

Last Reviewed: January Will I be paid while on maternity leave or parental leave? Last Reviewed: January Can my employer fire me while I am on maternity leave or parental leave? Your employer cannot terminate your employment or lay you off: if you have started maternity or parental leave; or because you are entitled to maternity or parental leave. Last Reviewed: January Do I still accrue vacation time and other benefits while on maternity leave or parental leave?

Your employer has two options when you return to work: reinstate you into the position you held before the leave started; OR provide you with alternative work that is comparable to your old job. Last Reviewed: January Can I collect Employment Insurance while I am on maternity leave or parental leave? Note: hours are equal to 20 hours of work at 30 hours per week. There are different rules if: you had a recent EI claim you get sick or require bedrest during the pregnancy you are self-employed, or you are not a Canadian citizen.

How much will EI pay me? Maternity Benefits These benefits are only available if you give birth to a child.

Parental Benefits There are two types of parental benefits that you can choose from: Standard parental benefits of up to 40 weeks split between two parents but one parent cannot receive more than 35 weeks of standard benefits. Extended parental benefits of up to 69 weeks split between two parents but one parent cannot receive more than 61 weeks.

Close Font Resize. Keyboard navigation. Readable Font. Choose color black white green blue red orange yellow navi. Underline links. Highlight Links. Clear cookies. Images Greyscale. Invert Colors. Lights Off. To find out more, visit the cookies section of our privacy policy. In Canada, you are eligible for paid maternity leave if you meet the following criteria: You are employed in insurable employment.

This means that you have had employment insurance EI premiums deducted from your wage by your employer. These premium rates change from year to year. You meet the specific criteria for EI maternity benefits. These are payable only to the biological mother who is unable to work because she is pregnant or has recently given birth.

You have worked at least hours of insurable employment. Employers can require employees to submit a medical certificate, confirming pregnancy and estimated delivery date. A medical certificate may be issued by a nurse practitioner or physician. Employees must give employers written notice at least 6 weeks before starting maternity or parental leave.

If they fail to give notice for medical reasons or a situation related to the birth or adoption, parents are still eligible for leave:. Parents who intend to share parental leave must advise their respective employers of their intention to do so. Two employees working for the same employer may combine parental leave for a maximum of 62 weeks.

This may be increased in the future to align with Employment Insurance benefits. Annual vacation earned prior to leave must be taken within 12 months after it was earned. If this time falls while the employee is on leave, the employee must:. No employer may terminate the employment of, or lay off an employee when the employee is entitled to or has started maternity or parental leave unless the employer suspends or discontinues the business.

In this case, employees can be terminated or laid off. The employer must reinstate the employee if the business starts up again within 52 weeks after their leave ends.

An employee who feels they have been improperly terminated can file an employment standards complaint. It is important to be aware that the eligibility requirements for Employment Insurance benefits and eligibility to take a job-protected leave in Alberta may be different. For more information on Employment Insurance, contact Government of Canada. Part 2, Division 7 of the Employment Standards Code sets out the rules for maternity and parental leave.

The legislation entitles eligible employees to a period of leave without pay, at the end of which they must be reinstated in their same, or an equivalent, job.

Disclaimer: In the event of any discrepancy between this information and Alberta Employment Standards legislation, the legislation is considered correct.



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