New immigrants are a wealth to Canada. They leave their hometowns to start their own businesses in Canada and need more care and assistance. Canadian labor laws provide special protections for pregnant women. Employment Insurance (EI) in Canada includes benefits for injury, layoff, and maternity leave. Maternity leave consists of maternity leave and parental leave. Maternity leave provides 17 weeks of leave for mothers who give birth; parental leave can be taken by either parent. If the mother takes maternity leave and then parental leave, the parental leave is 35 weeks; if the mother takes maternity leave and the father takes parental leave, they can take 37 weeks. Below we introduce the relevant details.
Maternity Leave and Parental Leave
Employees who have served the same employer for 20 weeks are entitled to 17 weeks of maternity leave (before and after childbirth). If there is a doctor's certificate indicating that the employee cannot return to work immediately, the pregnant woman can receive up to an additional six weeks of leave.
Employees have the right to return to their previous position after maternity leave. If colleagues in the same position receive a raise, she is entitled to the same rights. Pregnancy should not affect her promotion opportunities. Maternity leave must begin in the 16th week before childbirth, but in special circumstances such as delayed delivery, risk of miscarriage, stillbirth, or the mother's poor health, female employees can enjoy additional special maternity leave (unpaid). Legal abortion and miscarriage entitle the employee to apply for up to three weeks of leave. In the event of a miscarriage, the pregnant woman can apply for up to five weeks of leave after childbirth.
When applying for maternity leave, female employees should provide a doctor's certificate of pregnancy and submit a written notice stating the start and end dates of their maternity leave. Employers should grant female employees leave and ensure that they can return to work with the same salary and benefits after the leave. In addition to maternity leave, female employees can temporarily take leave to go to the hospital for pregnancy check-ups. They should notify their employer as early as possible, and employers should allow them to be temporarily absent for medical appointments.
After childbirth, female employees must notify their employer two weeks before returning to work, and employers should notify employees four weeks before their scheduled return date.
Both fathers and mothers have the right to enjoy 35 weeks of unpaid parental leave. Parental leave can only begin after the child is born or adopted and must end no later than 70 weeks thereafter. If parental leave does not exceed 12 weeks, the employer must allow the employee to return to their position and restore their original salary.
Calculation of Benefits
Pregnant mothers can start receiving maternity benefits as early as eight weeks before the due date. Applicants must go through a two-week waiting period (during which the government does not provide payment) before they can start receiving benefits. Therefore, pregnant mothers can take maternity leave as early as ten weeks before the due date and then immediately apply for maternity benefits at the Employment Insurance office of the Human Resources Department of Canada.
Overall, the calculation method for maternity benefits is that starting from the third week, 55% of the individual's salary (based on the previous 28 weeks of salary) is paid, with a maximum of $447 (before tax) every two weeks until the end of maternity leave (52 weeks).
Maternity benefits can be received for a maximum of 15 weeks but will stop 17 weeks after the baby is born. If the baby needs to be hospitalized due to health issues, this 17-week period can be extended until the baby is discharged and returned home, but cannot exceed 52 weeks after the baby is born. In any case, maternity benefits can only be received for a maximum of 15 weeks.
Biological or adoptive parents can receive up to 35 weeks of parental benefits, allowing them to stay home to care for their newborn or adopted child. This benefit can be claimed by either the mother or father, or shared between both parents. As long as one party has completed the two-week waiting period, the other party does not need to fulfill this condition. If the mother has completed the two-week waiting period while receiving maternity benefits, she does not need to fulfill the two-week waiting period when receiving parental benefits.
Parental benefits can be claimed starting from the day the baby is born or the day the adopted child comes home, and this 35-week benefit cannot exceed 52 weeks after their birth or return home.
