The basic rate used to calculate maternity and standard parental benefits is 55% of average insurable weekly earnings, up to a maximum amount. It’s just paid out over 35 weeks or 61 weeks depending on your choice. Before the law was enacted, the U. Individuals should review the application for EI maternity benefits here. Birth mothers will receive their first EI payment about 28 days after they apply. If you're not a Canadian citizen. EI is not automatic, it is a separate right different from Ontario’s Maternity Leave scheme – they are not connected in any way. employer, if it still exists, or to a comparable position, if it does not. Standards Act, 2000 (“ESA”). When can Pregnancy Leave in Ontario Begin? . birth mothers are entitled to Maternity Leave and Parental Leave. Birth mothers who took Maternity Leave are entitled to 61 Still though, an employee can tell the employer when they plan to return, and, if the employee changes her mind, she may give notice to come back earlier or later as discussed below. For those who are taking parental leave, you have two options that pay different sums. In this scenario, employees can abruptly take Pregnancy Leave and wait two weeks to tell the employer they are on Maternity Leave. Dutton Employment Law is a division of Monkhouse Law. Ontario except those rare employees regulated by the federal government (i.e. Parents on Maternity Leave continue to accrue seniority on Maternity Leave. How to modify the template You fill out a form. up to 40 weeks, but one parent cannot receive more than 35 weeks of standard benefits, up to 69 weeks, but one parent cannot receive more than 61 weeks of extended benefits. You earned a minimum amount of self-employed earnings during the calendar year before the year you apply for benefits. Maternity This rule is non-sensical That works out to a total of up to $573 a week. Standard parental benefits will allow you to receive 55% of your insurable income for up to 40 weeks. If it takes you more than 4 weeks after your last day of work to apply, you could lose some of your benefits. What makes maternity and parental benefits in Canada appealing is that you can still earn an income for up to 18 months while staying home to take care of your child. Otherwise, they have to contribute to these benefit plans over the Maternity Leave period. Note that new rules introduced in 2019 allows you to take 5 weeks of standard parental leave without affecting your spouse’s maximum of 35 weeks which is why there’s a limit of 40 weeks total. But you don't earn if your employer isn't paying you during your leave. Parents have the option of taking their parental leave at the same time, or one after the other, as long as the total combined parental leave does not exceed 63 weeks. start as early as 12 weeks before the expected date of birth or as late as 17 weeks after the actual date of birth. The employee can change their mind by providing four weeks’ notice again of the new date to return. the baby’s due date. Contact Dutton Employment Law for legal advice about concerns regarding treatment related to employees taking or returning from Pregnancy Leave. You will need to let them know which option you are planning to take the 12 month or the 18 month parental leave option. Jobs: An Maternity benefits the first 15 weeks can only be taken by the mother and parental leave benefits the 35 weeks or 61 weeks can be taken by either parent. Maternity Birth mothers who did not take Maternity Leave are All other parents can take 63 weeks of parental leave. (leaves are unpaid), and it amounts to undue hassle and burden on expecting mothers When you’re on maternity leave in Ontario or parental leave, you’re on Employment Insurance (commonly known as EI) which pays up to 55% of your earnings, to a maximum of $573 a week (As of August 1, 2020). Keep in mind that employees must formally apply for employment insurance (“EI”) maternity benefits though (discussed below). In 2020, the maximum amount is $573 a week. It is also different for those who own their own small businesses. What you do with your benefits is up to you. Click to read more about Parental Leave in Ontario. That said, those who take standard parental benefits and return to work after 12 months where they can earn their full salary, often come out with more money than those who take the extended leave. and their doctors, but it must be followed where requested. Employees don’t have to apply for Maternity Leave, they just tell their employer they are taking one. How long is Maternity Leave? mothers are entitled to “Maternity leave” and then a “Parental Leave”. Your use of the site indicates your agreement to be bound by the. Jeff is a frequent lecturer on employment law and is the author of an employment law textbook and various trade journal articles. You can also visit a Service Canada Centre. Therefore, an employee who has a stillbirth or miscarriage will have a pregnancy leave of at least 17 weeks. If you’re self-employed, you can still qualify for maternity leave in Ontario, but you need to register for access to EI special benefits for self-employed people. As long as I can make it work financially, even if I just squeak by, I would do it. According In the United States, the picture for families-to-be is very different. Maternity and parental benefits will help, but be sure to get a hold of your finances as you’ll likely be spending a small fortune on your child for the next 20 years. Maternity Leave is 17 a maximum of weeks. The ESA and the Ontario Human Rights Code prohibits a termination because of taking or attempting to take Maternity Leave. If the reason for the termination was even a small bit related to the Maternity Leave, it will be discriminatory. Are Work Benefits Covered During Pregnancy Leave? Ontario has already indicated they will do this quickly, so hopefully in plenty of time before July. Employees who pay for their own benefits or split the cost with their employer must still contribute their share. Birth The 18 Month Maternity Leave in Canada The 18-month maternity leave/ parental leave is called the extended parental benefits. Birth mothers who do not take pregnancy leave and all other new parents are entitled to 63 weeks of parental leave. If your banking information is set up with your CRA account, then the money you’re entitled to will be directly deposited into your account. employee’s job is protected for when they return from Maternity Leave. Telling an Employer You are Going on Maternity Leave, What Happens if Fired due to Taking Leave, Pregnancy Leave Ontario Employer Obligations. However, parents who qualify are entitled to compensation called Maternity and then Parental employment insurance (EI) from the federal government: EI Employees are free to choose not to return to work after leave has expired, but an employee must give at least four weeks’ written notice of her resignation.