Expecting a child is an exciting time, but it can also bring a lot of questions, especially when it comes to your career. Understanding your maternity leave rights is crucial for protecting your job, your income, and your peace of mind.
This guide will walk you through what you are entitled to as a working woman in Canada.
What's the Difference Between Maternity and Parental Leave?
It’s easy to mix these up, but they are two distinct benefits:
Maternity Leave: This is specifically for the biological mother who is pregnant or has just given birth. It’s designed to help you recover from childbirth.
Parental Leave: This is for both parents (biological or adoptive) to share. It’s for bonding with a new child.
You can take both, one after the other, to maximize your time at home.
Who Is Eligible for Maternity Leave?
To be eligible for job-protected leave, you generally just need to have worked for your employer for a certain period, which varies by province.
To receive pay during your leave, you need to qualify for Employment Insurance (EI) benefits. The main requirement is that you have worked at least 600 insurable hours in the 52 weeks before your claim. This applies to both full-time and part-time employees.
How Long is Maternity Leave in Canada?
Under EI, you can receive maternity benefits for up to 15 weeks. You can typically start your leave as early as 12 weeks before your due date, but no later than the date you give birth.
After your maternity leave ends, you can transition directly into parental leave to extend your time off.
Do You Get Paid During Maternity Leave?
Yes, through Employment Insurance. EI maternity benefits pay 55% of your average insurable weekly earnings, up to a maximum amount (which is updated annually by the government).
Some employers offer a “top-up” plan, where they pay the difference to bring you closer to your full salary. This is a great perk, but it’s not legally required. Check your company’s policy to see if this is an option for you.
Can My Employer Deny My Maternity Leave?
No. If you are an eligible employee under provincial employment law, your employer cannot deny your request for maternity leave. It is a legally protected right. Firing you, demoting you, or otherwise punishing you for taking maternity leave is illegal and a violation of your human rights.
What Are My Job Protection Rights?
This is one of the most important parts of maternity leave. You have the right to be reinstated after your leave is over.
- You must be given back your same job, or a comparable one if your old position no longer exists.
- A “comparable” job must have the same pay, benefits, location, and responsibilities.
- Your employer cannot fire you or retaliate against you because you took maternity leave. Your seniority and benefits also continue to accumulate while you are on leave.
What Notice Do I Need to Give?
You must provide your employer with written notice before you plan to start your leave. The exact amount of time required varies by province, but it’s generally between four to six weeks.
It’s always best to give as much notice as you can. If you need to start your leave early for medical reasons, the notice requirements are often more flexible.
What If My Rights Are Violated?
Unfortunately, some employers still break the rules. Be aware of these common violations:
- Cutting your hours or demoting you when you return.
- Firing you just before, during, or right after your leave.
- Pressuring you to come back to work early.
- Refusing to give you back your job or a comparable one.
You Deserve to Focus on Your Family
Maternity leave is a right you have earned. It allows you to recover and bond with your new child without the fear of losing your job. Know your entitlements, and don’t be afraid to stand up for them.
