ONTARIO EMPLOYMENT STANDARDS ACT
Right to Leave of Absence
• up to 17 weeks
• may begin no earlier than 17 weeks
before expected date of delivery
• must provide employer with 2 weeks written
notice of the date the leave is to begin
• must provide a certificate from a legally qualified
practitioner stating expected birth date
• up to 35 weeks for birth mother or 37 weeks for
second birth parent or two adoptive parents
• birth mother’s leave must follow pregnancy leave
• other parents must begin leave no later than 52 weeks
after the child is born or comes into the parent’s care
• must have been employed for at least
13 weeks by the same employer
• must give 2 weeks notice before the leave
• must give 4 weeks notice to change the end
date of the leave (except in cases where there
are complications in the pregnancy)
• employers must continue to pay their share of benefits
• seniority and service credit continue
to accumulate during leave
• redundancy cannot take effect during leave
• reinstatement to position held before
leave, if it still exists (refer to collective
agreement for additional information)
• parent means a birth parent, adoptive parent, and
a person in a relationship of some permanence
with the birth or adoptive parent who intends
• to treat the child as his or her own
PARENTAL
CONDITIONS
FEDERAL – EMPLOYMENT INSURANCE (EI)
Maternity and Parental Benefits
• 2 weeks unpaid waiting period (most
district school boards pay Supplementary
Employment Benefits (SEB) for this period)
• 15 weeks of El benefits paid
• no benefits earlier than 8 weeks before
birth or later than 17 weeks after birth
• 35 weeks of El benefits are available
• they may be claimed by a birth or adoptive parent
caring for a child or shared between two parents
• no benefits later than 52 weeks after birth or
after the child comes into the parent’s care
• no second waiting period if leave is
shared between two parents
Pregnancy and parental benefits are
known as Special Benefits
• must have accumulated 600 hours of
insurable earnings in the last 52 weeks
(can be with different employers)
• the average weekly earnings calculation
will be based on the 26 week period
preceding the filing of the claim
• maximum of 50 weeks of combined maternity
and parental benefits in a 52 week period
There are exceptions to some of these rules if the expectant mother is ill or the baby is hospitalized.
PREGNANCY
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