6-month Job Protected LOA after 52-Week Maternity/Parental Leave

[ayeung]

I remember I've heard something about legislating or proposed legislating "6-month Job Protected LOA after 52-Week Maternity/Parental Leave if the leave is shared between the 2 parents" and this topic was briefly discussed on RFD as well. HOWEVER, I couldn't find any information on RFD/internet now ... Anyone know what I am talking about and have more information? I talked to a few people and they almost thought that I was crazy.

Thanks so much in advance.

[Kranberry]

You are probably talking about combined Maternity Leave/Parental Leave for mother followed right afterwards with a Parental Leave from the father.

Here's a couple of links that explain it better.

http://www.labour.gov.on.ca/english/es/factsheets/fs_preg.html
http://www.hrsdc.gc.ca/en/lp/spila/wlb/wfp/11Maternity_Leave.shtml

Basically it works like this if you want to stretch the longest time of having a parent at home from birth.

Mother takes Maternity Leave for 17 weeks, then takes Parental Leave for 35 weeks. Father then takes 37 weeks Parental Leave.

Otherwise, father can take 37 weeks Parental Leave anytime during the mother's Parental Leave or Maternity Leave.

[ayeung]

You are probably talking about combined Maternity Leave/Parental Leave for mother followed right afterwards with a Parental Leave from the father.

Here's a couple of links that explain it better.

http://www.labour.gov.on.ca/english/es/factsheets/fs_preg.html
http://www.hrsdc.gc.ca/en/lp/spila/wlb/wfp/11Maternity_Leave.shtml

Basically it works like this if you want to stretch the longest time of having a parent at home from birth.

Mother takes Maternity Leave for 17 weeks, then takes Parental Leave for 35 weeks. Father then takes 37 weeks Parental Leave.

Otherwise, father can take 37 weeks Parental Leave anytime during the mother's Parental Leave or Maternity Leave.

No, that's not what I mean. On top of the 52-week maternity/parental leave (which the parent will receive EI), one of the parent can also have 6 months unpaid leave of absence (no EI) with job protection. It used to be discretionary by the employer to approve the LOA but the gov't was thinking to make that part of the standard that employer cannot deny the LOA request. It was about a year ago and I'm not sure if that has passed. And that was for everyone, not someone in a particular job or with a particular employer.

BTW, I don't think the father can take another 37 weeks parental leave after the mother has taken all 52 weeks (17 weeks pregnancy leave + 35 weeks parental leave). The father can take 37 weeks of parental leave only if the mother didn't take her pregnancy leave. Otherwise, the father & mother combined can take a maximum of 35 weeks parental leave.

[LoveRFD]

BTW, I don't think the father can take another 37 weeks parental leave after the mother has taken all 52 weeks (17 weeks pregnancy leave + 35 weeks parental leave). The father can take 37 weeks of parental leave only if the mother didn't take her pregnancy leave. Otherwise, the father & mother combined can take a maximum of 35 weeks parental leave.

You didn't read the link. In the first link it says:

"If each parent of a newborn took the maximum leave allowed at separate times, the baby would have a parent at home for 89 consecutive weeks (17 weeks of pregnancy leave for the birth mother, plus 35 weeks of parental leave for the birth mother, plus 37 weeks of parental leave for the other parent).

Parents may also choose to go on leave at the same time: for example, a father could take parental leave at the same time a mother is on pregnancy or parental leave"

[ayeung]

You didn't read the link. In the first link it says:

"If each parent of a newborn took the maximum leave allowed at separate times, the baby would have a parent at home for 89 consecutive weeks (17 weeks of pregnancy leave for the birth mother, plus 35 weeks of parental leave for the birth mother, plus 37 weeks of parental leave for the other parent).

Parents may also choose to go on leave at the same time: for example, a father could take parental leave at the same time a mother is on pregnancy or parental leave"

Thanks for pointing that out!!! Let me read these things over again.

So, mother can take 17 weeks of pregnancy leave of which EI will pay 15 weeks after a 2 weeks non-paid waiting period. Then the father (37 weeks) and mother (35 weeks) can take their parental leave either together or separately, but EI will only pay up to a maximum of 35 weeks combined. That's more than a year and half .... and I will need to dig more deeply to find out if that's job protected and whether the employer can reject the request. I mean, if the company can refuse to grant a parental leave to the father since the baby is almost 1 year old in my friend's case.

[Kranberry]

Thanks for pointing that out!!! Let me read these things over again.

So, mother can take 17 weeks of pregnancy leave of which EI will pay 15 weeks after a 2 weeks non-paid waiting period. Then the father (37 weeks) and mother (35 weeks) can take their parental leave either together or separately, but EI will only pay up to a maximum of 35 weeks combined. That's more than a year and half .... and I will need to dig more deeply to find out if that's job protected and whether the employer can reject the request. I mean, if the company can refuse to grant a parental leave to the father since the baby is almost 1 year old in my friend's case.

It's a legislated leave. It is job protected.

[spdztr]

... but EI will only pay up to a maximum of 35 weeks combined.

No, EI will pay EACH parent the 35 weeks, regardless if the parents take it simultaneously or not.

[ayeung]

No, EI will pay EACH parent the 35 weeks, regardless if the parents take it simultaneously or not.


NO, that's not true. EI will only pay a max of 35 weeks for both parents combined, NOT each.

"Parental benefits can be claimed by one parent or shared between the two partners but will not exceed a combined maximum of 35 weeks. Claimants making application for parental benefits must provide the name and Social Insurance Number (SIN) of the other parent for cross-reference purposes."

source: http://www.hrsdc.gc.ca/en/ei/types/special.shtml#Parental3

You have a young baby, right? And you are getting 35 weeks parental leave EI for each of you???

[vr6man25]

No, EI will pay EACH parent the 35 weeks, regardless if the parents take it simultaneously or not.

:rolleyes:

[spdztr]

NO, that's not true. EI will only pay a max of 35 weeks for both parents combined, NOT each.

"Parental benefits can be claimed by one parent or shared between the two partners but will not exceed a combined maximum of 35 weeks. Claimants making application for parental benefits must provide the name and Social Insurance Number (SIN) of the other parent for cross-reference purposes."

source: http://www.hrsdc.gc.ca/en/ei/types/special.shtml#Parental3

You have a young baby, right? And you are getting 35 weeks parental leave EI for each of you???

I think that used to be the case that it was either the mother or father getting the EI.. but if I'm not mistaken, it's changed now.

If each parent of a newborn took the maximum leave allowed at separate times, the baby would have a parent at home for 89 consecutive weeks (17 weeks of pregnancy leave for the birth mother, plus 35 weeks of parental leave for the birth mother, plus 37 weeks of parental leave for the other parent).

Does this mean that each parent would get paid for their 35/37 weeks, as long as they do not take it simultaneously?? Or is it that they can take the leave just not get EI?

[ayeung]

I think that used to be the case that it was either the mother or father getting the EI.. but if I'm not mistaken, it's changed now.

So, u mean in your case, both of you get paid EI for 35 weeks EACH? I'd like to know more if that's new.


Does this mean that each parent would get paid for their 35/37 weeks, as long as they do not take it simultaneously?? Or is it that they can take the leave just not get EI?

That quote is simply the Employment Standards (like the minimum employee entitlement) and EI is another seperate matter.

But why are you asking this? Isn't that you you said?

[Bullseye]

Still not clear, anyone have clear confirmation that there is job protection after the year long leave?

[qster]

Your job is protected after a year of Maternity Leave or the 35/37 week Parental Leave.

Your job is NOT protected if you take a 6 month unpaid LOA (Leave of Absence). LOA must be approved by your manager/HR and your company.
However, if you company values your skills and work...sometimes they can give you a Paid leave of absence (then you'd be protected), but these are usually ONLY given out to high level executives.

You could opt for a Medical Leave of Absence, but this requires doctor approval (ie. extended complication from the birthing).

[nalababe]

FWIW, I took 8 weeks of paternity leave starting when my son was 10 months. My wife was a teacher so she was off during the summer so we both spent time with our son travelling...

At the time 4 years ago, the rule was 50 of 52 paid and 37 not paid, but guaranteed to return a equivalent job.

[ayeung]

I phoned both the Employment Standards and EI department and here is what I got. Generally speaking, Employment Standards is for Ontario only and cover most type of employment. For maternity/parental leave benefits, one needs to be hired at least 13 weeks before the baby is born. For EI purposes, one needs to work 600 insurable hours before the leave ..... etc ...

Maternity Leave - Mother only:
ES: 17 weeks maternity leave (job protected).
EI: 2 weeks unpaid waiting period and 15 weeks paid

Parental Leave - Both Mother & Father
ES: 35 weeks for the mother who take pregnancy leave and 37 weeks for the mother who didn't take pregnancy leave and the Father (job protected). Minimum 2 weeks notice to employer and parental leave must start no later than 52 weeks after the child is born.
EI: Maximum of 35 weeks paid. One parent can take the whole 35 weeks paid EI or SHARED (NOT EACH) between the mother and father, while they can take parental leave together or seperately. That's why they ask for SIN # of both to cross check during application.

So, "if each parent of a newborn took the maximum leave allowed at separate times, the baby would have a parent at home for 89 consecutive weeks (17 weeks of pregnancy leave for the birth mother, plus 35 weeks of parental leave for the birth mother, plus 37 weeks of parental leave for the other parent)". EI will only paid 15 weeks (maternity) + 35 weeks (parental).

I was also told that these are not new and have been the same for the past couple of years ...

[ayeung]

FWIW, I took 8 weeks of paternity leave starting when my son was 10 months. My wife was a teacher so she was off during the summer so we both spent time with our son travelling...

At the time 4 years ago, the rule was 50 of 52 paid and 37 not paid, but guaranteed to return a equivalent job.

As far as I know, Paternity Leave is a benefit for the father (like maternity leave for the birth mother) by the employer, not some minimum standards set by the gov't. 8 weeks of paternity leave? Is that paid? That is very good. My workplace has 1 week paid for the father.

[nalababe]

As far as I know, Paternity Leave is a benefit for the father (like maternity leave for the birth mother) by the employer, not some minimum standards set by the gov't. 8 weeks of paternity leave? Is that paid? That is very good. My workplace has 1 week paid for the father.

Yes, the reason that I took 8 weeks was that my company topped EI to full salary for the 8 weeks period for the father.