Maternity leave 101

Confused about maternity leave benefits? We’ve got everything you need to know to make the most of your time away from work

by Dayna Boyer

So your baby is on his or her way, and it’s time to start arranging your maternity leave. In Canada maternity leave is made up of two segments, maternity leave and parental leave. Pregnancy leave can only be taken by the mother, and paternity leave can be taken by the mother, father, adoptive parent or common-law spouse. Read on to unravel the basics of maternity leave.

Qualifying

Do you qualify for maternity or parental leave?
In order to qualify for maternity or parental leave you need to have worked a minimum of 600 hours in the last year (or since your last Employment Insurance (EI) claim). For maternity leave you must have logged 13 consecutive weeks with one employer, and for parental leave you need to have been working for 17 weeks with one employer. You’re also required to provide your manager with written notice of when you plan to begin your leave.

Where does the money come from?
Part of the money comes from the government and part may come from your employer. The government portion is covered by EI, where you are eligible for 55 percent of your weekly earnings to a maximum of $447 per week. Some employers may offer a supplementary unemployment benefit plan as part of your compensation package, which can help top up the money you receive from EI.

How much time off are you entitled to?
Depending on the province you live in, you are entitled to 11 to17 weeks of maternity leave and 35 to 37 weeks of parental leave, which is commonly taken back-to-back but there are some exceptions.

In the case of a miscarriage you can receive up to six weeks of maternity leave if it occurs within 17 weeks of the due date, says Sheryl Johnson, a labour lawyer with the Toronto-based Grosman, Grosman and Gale firm.

Can you take any extra time off?
Your maternity leave can be taken 17 weeks before the due date and then once your baby is born your parental leave can begin. However, if complications arise with the pregnancy, Johnson says you may be eligible for sick leave or short-term disability, but you will need to provide medical documentation of the illness or complications related to the pregnancy.

Also, if you’ve been squirreling away any unused vacation time, you can request to take it at the end of your parental leave to extend the amount of time you have with your new baby.