Pregnancy can be a life-altering experience for a woman. And, returning to work right after childbirth can be quite challenging for new moms.
As a new mother, they need some time off work to recover from the mental and physical stress. Helping them to return with a refreshed mindset for work.
That’s where maternity leave comes into play. Most countries have special laws to provide maternity leave to working women to help them settle into the new life easily.
Similarly, Canada has introduced its maternity leave and parental leave policy under the Canada Labour Code (Code). Mentioning the eligibility criteria and benefits for new mothers.
During the 2020 pandemic, to increase the inclusivity of the policy, the Canadian Government loosened the eligibility criteria. But in September 2022, it went back to its pre-pandemic framework.
These recent changes might confuse you. And, questions like “How long is maternity leave in Canada?” or “What are its benefits?” might linger in your mind.
So, if you are a new mom and planning to take maternity leave in Canada, I have brought you the complete guide.
In this article, I have delved into the benefits and eligibility criteria of maternity and parental leaves, and how to apply for them. Helping you to better understand the policy.
Stay tuned!
What Are The Benefits Of The Canadian Maternity Leave?
The benefits of the Canadian maternity leave strictly depend on your Employment Insurance (EI) program and the employment laws.
Under the Code, you get financial benefits that support you through your pregnancy and childbirth from your contribution to the EI programs.
How Long Is Maternity Leave In Canada?
The duration of the maternity leave in Canada varies for different situations. So, you need to be aware of the standard tenure and the special conditional extensions available under the law.
1. Regular Childbirth:
If you go through a regular childbirth, you are entitled to a maternity leave of up to 15 weeks. However, you cannot take leave before 13 weeks from the due date. And, the tenure of the leave ends 15 weeks after your due date.
2. Child Is Not Born:
In case your child is not born during the 15-week leave duration. Then, your leave will be extended up to the time of the birth of the child.
3. Hospitalization Of Newborn:
However, in severe situations, like the hospitalization of the newborn, the maternity leave is extended until the child is released from the hospital. And, the Code allows the extension to last up to 52 weeks.
Additional Benefits Of The Canadian Maternity Leave
Apart from the time off work, new moms are entitled to a partly paid financial support from their EI programs under the maternity leave policy.
So, as a new mother, you will receive 50-55% of your salary. This ranges up to $695 per week for the entire tenure of the 15-week leave.
Additionally, new mothers can extend their maternity benefits with the parental leave policy that allows new parents to have 35 weeks of semi-paid leave with 55% of their salary.
Who Is Eligible For Maternity Leave In Canada?
The eligibility criteria for maternity leave in Canada depend on the contribution to EI programs and insurable employment status. So, to ensure that you are eligible for the policy, you need to meet these requirements:
- You have sufficiently contributed to the EI program for at least 6 months from your monthly paychecks.
- Before applying for the leave, you must have completed 400-720 work hours, based on your company policy.
- Your work and company should fall under the “Insurable Employment” list under the EI programs. Also, you should have done 600 hours of insurable work that contributed to the company’s development.
How Is Parental Leave In Canada Beneficial For Adoptive Parents?
In Canada, the Code allows both male and female employees to take parental leave after becoming new parents.
Whether you have given birth or adopted a child, you can apply for the parental leave benefits. So, it is a great advantage for adoptive parents to build a bond with the new child.
Moreover, the parental leave policy mentions two options with different benefits. One for the standard parental phase and another for the extended tenure.
1. Standard Parental Benefits:
Under the standard benefits range, you can avail up to 40 weeks of semi-paid parental leave, which can be shared between you and your partner.
However, each parent is not entitled to more than 35 weeks of leave. So, you need to plan accordingly to get the complete 40-week timeframe.
During this time, you will receive 55% of your salary, with the maximum weekly allowance of $695. This benefit will be provided by your EI programs.
2. Extended Parental Benefits:
With the extended parental leave, you get to extend the time period of your parental leave up to 69 weeks.
And, this can also be shared between you and your partner, with the condition that one cannot get more than 61 weeks of parental leave.
Additionally, you will receive 33% of your salary during the extended time, which sums up to a maximum allowance of $413 per week.
Application Procedure: How To Get Maternity Leave?
To apply for maternity leave in Canada, you need to follow through the step-by-step process:
- You can apply for the leave 8 weeks before your expected due date.
- Either go to the Service Canada portal and submit the application form online. Or, visit your nearest Service Canada Centre and manually submit the application.
- Then, calculate your maternity benefits based on your insurable earnings.
- After that, inform your employer about the maternity leave and discuss your insurable benefits.
- Also, you can check whether the company policy provides any additional medical and health benefits to pregnant women. So that you can get maximum support during childbirth.
Things To Keep In Mind Before Returning To Work After Maternity Leave In Canada
Returning to work after your maternity leave can be a little challenging. Since you were away from work, many things might have changed. So, adapting to a new environment might take a few days.
However, before returning, you need to keep a few things in mind. This will ensure that you are not mistreated by your employer. So, being aware of your employee rights can be handy.
Firstly, your employer cannot terminate your employment contract or demote you from your current position for taking maternity leave. So, you should be returning to your initial position.
Secondly, because of maternity leave, your employer cannot reduce your salary. They need to pay you the same wage and benefits as you were earning before the leave.
Finally, your employer cannot penalize you for taking maternity leave. However, if the reason is completely unrelated to pregnancy, you can be penalized.
Now that you know everything about maternity leave in Canada, you can apply for it to recover from your pregnancy stress.
Remember, childbirth is a difficult process, and new moms need time to recharge. So, make sure you avail the benefits of the Canadian maternity leave.
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