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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2014-2015

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