Areas of Law - Ontario
 
Areas of Law
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Ontario
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Employment Law
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Rules for Most Employees in Ontario: Employment Standards Act
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589 Pregnancy and parental leave

Generally, if an employee is pregnant, if she has just had a child, or if parents have adopted a child, they are entitled to a leave of absence, and in some cases they have the right to get their job back when the leave is over. However, employers are not required to pay an employee for their time off. There are two types of leave available to employees: pregnancy leave for pregnant women, and parental leave for both mothers and fathers.


  • Pregnancy leave
    Most employees are entitled to pregnancy leave if they worked full or part-time for at least 13 weeks before the expected birth date. A pregnant woman has the right to take up to 17 weeks of pregnancy leave anytime from 15 weeks before the baby is due. Once the baby is born, you may also qualify for parental leave.

    To get pregnancy leave you must give the employer at least two weeks notice before the leave starts, and provide a medical certificate with the estimated due date. If you have a medical condition or emergency that requires you to stop working right away, you can start your leave without the two weeks notice. However, within two weeks from the day you left, you must give your employer a medical certificate confirming your medical emergency and stating the expected date of birth.


  • Parental leave
    If you are a new parent, you are normally entitled to parental leave for a new born or an adopted child provided that you give your employer at least two weeks notice. Both the mother and the father can take parental leave, however, there is a combined maximum parental leave of 35 weeks. Parental leave begins from the day the pregnancy leave ends, or from the day the child is born, or from the day the adopted child is brought home. Since a natural mother also qualifies for pregnancy leave, she can combine her pregnancy leave with parental leave for up to 52 weeks of leave in total. There is a 2 week waiting period, however, before benefits are payable. This means that the total number of weeks where payments will be made is 50 weeks.


  • Special circumstances
    Normally, a leave ends after you have taken all the time you are eligible for. However, there are special rules in certain circumstances. If the 17 week pregnancy leave has ended and the child has not been born, the pregnancy leave will continue until the child is born.

    If you are on pregnancy leave, and the pregnancy ends in a miscarriage, stillbirth, or death of the child, the pregnancy leave will end either 17 weeks after the leave started or six weeks after the miscarriage, stillbirth, or death, whichever is later.

    If you become ill during your pregnancy but while you are not yet receiving benefits, you will be entitled to Employment Insurance sick benefits. You will also still be entitled to 17 weeks of pregnancy leave. However, since the total leave available will remain at 50 weeks, the combined parental leave, which can be taken by either the mother or father, will be reduced from 35 to 20 weeks.


  • Changing return to work date
    If employees want to change the day of their return to work, they must give at least four weeks notice in writing, prior to the day they were supposed to return.


  • Federally regulated employers
    Employees returning from maternity or parental leave do not necessarily have to be re-instated in their last job. Pregnant women working for federally regulated employers may take the entire 50 weeks and must be re-instated; while fathers and adoptive parents have job protection for 35 weeks.


  • Ontario employers who are not federally regulated
    Pregnant women working for employers who are not federally regulated, only have job protection for 35 weeks; while fathers and adoptive parents have job protection for only 18 weeks.


  • The amount of weekly benefits
    The amount of weekly benefits you are entitled to is 55% of your insurable weekly earnings to an annual maximum salary of $39,000. This gives a weekly benefit maximum of $413.

    For more information about pregnancy or parental leave, you can contact the Employment Standards office. If you require legal advice and assistance, you should contact a lawyer.