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Parental, Maternity, and Paternity Leave in Canada

How long is parental leave in Canada?

In Canada, parental leave benefits allow parents to take job-protected leave for either up to 12 months (standard parental leave) or up to 18 months (extended parental leave) following the birth or adoption of a child. Employees can choose the extended parental leave at the onset of their leave period. Opting for the extended parental leave results in the same total amount of parental benefits but reduces the weekly payment.

Note: If the employee resides in Quebec, they are eligible for up to 65 weeks of job-protected parental leave

What are the eligibility rules for parental leave in Canada?

In Canada, parental leave benefits are available to parents of a newborn or newly adopted child, offering up to 18 months of job-protected leave. To be eligible for parental leave through the national employment insurance program, the employee must meet several criteria:

  • Be employed in insurable employment.
  • Fulfill the specific requirements for receiving Employment Insurance (EI) maternity or parental benefits.
  • Experience a reduction in normal weekly earnings of more than 40%.
  • Accumulate at least 600 hours of insurable employment during the qualifying period.

Employees must begin their parental leave benefits within a specified period, starting either the week the child is born or the week the child is placed with the employee in the case of adoption.

What is the process for applying for paternity leave in Canada?

To apply for paternity leave in Canada, the supported employee must inform the Regional Experience Team of the details of their leave.

How long is maternity leave in Canada?

In Canada, maternity leave is a distinct entitlement from parental leave and includes up to 15 weeks of job-protected leave (unpaid protective duration can vary slightly by province).

What are the eligibility rules for maternity leave in Canada?

In Canada, maternity benefits are available to employees who are away from work due to pregnancy or because they have recently given birth. The eligibility criteria for accessing these benefits include:

  • The employee must be pregnant or have recently given birth when requesting maternity benefits.
  • The employee must be a parent caring for a newborn or newly adopted child when requesting parental benefits.
  • The employee's regular weekly earnings from work must have decreased by more than 40% for at least 1 week.
  • The employee must have accumulated 600 insured hours of work in the 52 weeks before the start of the claim or since the start of the last claim, whichever period is shorter.

How is maternity leave payment calculated in Canada?

In Canada, maternity leave payments are calculated through the government's Employment Insurance (EI) program, or through the Quebec Parental Insurance Plan (QPIP) for employees in Quebec. The weekly benefit amount is based on insurable earnings, as documented in the Record of Employment (ROE). These benefits provide 55% of the employee's wages, with a weekly maximum payout of CAD 668. Employers are not obligated to pay the employee during this leave unless specified in the employment agreement.

What is the process for applying for maternity leave in Canada?

To apply for maternity leave in Canada, the supported employee must inform the Regional Experience Team with the details of their leave.

How long is the paternity leave in Canada?

In Canada, with the exception of Quebec, there is no specific paternity leave. Instead, both parents are entitled to take parental leave. This leave applies to biological, adoptive, or same-sex parents and can be taken by either or both parents, either consecutively or at the same time.

  • Standard parental leave: Up to 40 weeks total shared between parents, with a maximum of 35 weeks per parent if shared.
  • Extended parental leave: Up to 69 weeks total, with a maximum of 61 weeks per parent if shared.

During parental leave, parents are generally entitled to apply for and receive Employment Insurance (EI) Parental Benefits:

  • Standard benefit: Up to 55% of average weekly earnings, with a maximum of CAD 695 per week, and up to 40 weeks total, with one parent receiving up to 35 weeks.
  • Extended EI parental benefits: Up to 33% of average weekly earnings, with a maximum of CAD 417 per week, and up to 69 weeks total, with one parent receiving up to 61 weeks.

In Quebec, parental leave without pay is available for up to 65 weeks for registered parents on the act of birth or for those adopting a child. Employment relationships during leave are protected, and parents may be eligible for benefits under Quebec's separate parental leave benefit plan.

What are the eligibility rules for paternity leave in Canada?

In Canada, separate paternity leave is only available in Quebec, where specific eligibility rules apply. In Quebec, paternity leave is available exclusively to biological fathers and must be taken after the child's birth. Employees in Quebec can then take parental leave following their paternity leave.

Across Canada (except for Quebec), there is no separate paternity leave. Instead, both parents, including biological and adoptive parents, are entitled to parental leave. Parental leave provides up to 18 months of job-protected leave for parents of a newborn or newly adopted child.

To be eligible for parental leave benefits through the national employment insurance program, employees must meet the following criteria:

  • They must be employed in insurable employment.
  • Their normal weekly earnings must be reduced by more than 40%.
  • They must have accumulated at least 600 hours of insurable employment during the qualifying period.
  • They must meet the specific criteria for receiving Employment Insurance (EI) maternity or parental benefits.

Employees must take parental benefits within a specific time frame, beginning the week of the child's date of birth or the week the child is placed with the employee if it's an adoption.

How is paternity leave payment calculated in Canada?

In Canada, the calculation of paternity leave payment for employees in Quebec is handled by the Quebec Parental Insurance Plan (QPIP). The government is responsible for determining the weekly benefit amount that the employee will receive during paternity leave.

What is the process for applying for parental leave in Canada?

To apply for parental leave in Canada, the supported employee should provide the details of their intended leave to our Regional Experience Team.

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