Canada Maternity And Parental Leave: Policy and Benefits

Bringing new life into this world is no easy task; ask any mother out there, and one will easily understand just how much of a complex and difficult the process of motherhood is. And then come the first few crucial weeks and months, during which this bundle of joy remains under constant supervision and care of mothers and during this time, mothers need all the peace of mind and relaxation they can get to better divert their attention to the young one they have. This is why maternity and parental leaves exist and are mandated by the government upon employers to provide new parents and mothers with paid time off to help them worry less about work and bills and focus themselves on raising a good child. 

In this blog post, we will look at the particulars of Canada’s maternity and paternal leaves: what they entail, what are the details surrounding both maternity and parental leaves, and how each state differs from the other in terms of allowing paid time off to new mothers and new parents. As stated beforehand, being a parent is no easy job, and so you need all the time you can get to devote to that child and raise them into a good human being. Let’s start by discussing what the Canada maternity and parental leave policy is. 

Maternity And Parental Leave Policy In Canada

Maternity leave is often used as a blanket term to refer to both maternity leave (up to 15 weeks) and parental leave (ranging from 35 to 61 weeks), even though they are two separate entitlements under Canadian law. What usually happens is that maternity leave is taken first, allowing new mothers to recover from childbirth and bond with their newborn child. Parental leave usually follows, providing additional time to care for the child. Both parents can share the parental leave, and in some cases, they can take it simultaneously, depending on their eligibility and the employer’s policies. An important thing to remember here is that once an employee selects a specific benefit type, they cannot change it after submitting their application.

Maternity, Parental Leave Policy: The Particulars

Maternity leave generally begins at 15 weeks before the due date, but in some provinces, it may extend up to 19 weeks. When it comes to parental leave, employees have two choices: standard or extended leaves. Standard parental leave allows up to 52 weeks off, which can be shared between both parents, with a maximum of 35 weeks available to any one parent. Extended parental leave offers up to 78 weeks off, which can be shared between parents, with one parent being eligible for up to 61 weeks.

It is important to distinguish between maternity and parental leave. Maternity leave is specifically given to the pregnant person and usually starts either just before or immediately after childbirth. Parental leave, on the other hand, is available to both parents and applies whether they are caring for a newborn or an adopted child. Keep in mind that the exact duration and rules for these leaves can vary by province, which will be discussed later on in this blog post. 

Benefits Provided Under The Maternal, Parental Leave Policy

Canadian employees are eligible to receive maternity benefits equal to 55 per cent of their earnings, up to a maximum of CAD 668 a week. These benefits are consistent across the country. To receive these benefits, the individual must provide proof of pregnancy by signing a statement declaring the expected due date or the actual birth date. For parental leave, employees can choose between standard or extended benefits. Standard benefits grant employees 55 per cent of their earnings, with the same maximum of CAD 668 per week, while extended benefits grant employees 33 per cent of their earnings, capped at CAD 401 per week. It is important to note that while surrogates are eligible to receive maternity benefits, they do not qualify for parental benefits. 

To claim parental benefits, the parent must sign a statement confirming the child’s date of birth, or in cases of adoption, the placement date along with the name and address of the adoption authority. In situations where the child is not legally adoptable, parental benefits may still be payable if the parent declares that the placement is considered permanent.

Maternity, Parental Leave Policy By Provinces

Since Canada has devolved its maternity and parental leave policy to the provinces to work out the fine print, here is a quick rundown of how this policy looks like across Canada’s provinces. 

1. Alberta: Maximum maternity and parental leaves allowed in Alberta are 16 weeks and 62 weeks, respectively, and eligibility requirements state that the person(s) must have been employed for at least 90 days. 
2. British Columbia: Maximum maternity and parental leaves allowed in British Columbia are 17 weeks and 62 weeks, respectively, and no eligibility requirements are defined under BC law. 
3. Manitoba: Maximum maternity and parental leaves allowed in Manitoba are 17 weeks and 63 weeks, respectively, and eligibility requirements state that the person(s) must have been employed for at least seven months. 
4. New Brunswick: Maximum maternity and parental leaves allowed in New Brunswick are 17 weeks and 62 weeks, respectively, and no eligibility requirements are specified under the New Brunswick law. 
5. Newfoundland, Labrador: Maximum maternity and parental leaves allowed in Newfoundland and Labrador are 17 weeks and 61 weeks, respectively, and eligibility requirements state that the person(s) must have been employed for at least 20 weeks. 
6. Northwest Territories: Maximum maternity and parental leaves allowed in the Northwest Territories are 17 weeks and 61 weeks, respectively, and eligibility requirements state that the person(s) must have been employed for at least 12 months or a year. 
7. Nova Scotia: Maximum maternity and parental leaves allowed in Nova Scotia are 16 weeks and 61 weeks, respectively, and no eligibility requirements are specified under state law of Nova Scotia. 
8. Nunavut: Maximum maternity and parental leaves allowed in Nunavut are 17 weeks and 37 weeks, respectively, and eligibility requirements state that the person(s) must have been employed for at least 12 months or a year. 
9. Ontario: Maximum maternity and parental leaves allowed in Ontario are 17 weeks and 61 weeks, respectively, and eligibility requirements state that the person(s) must have been employed for at least 13 weeks before the due date. 
10. Prince Edward Island: Maximum maternity and parental leaves allowed in Prince Edward Island are 17 weeks and 62 weeks, respectively, and eligibility requirements state that the person(s) must have been employed for at least 20 weeks. 
11. Quebec: Maximum maternity and parental leaves allowed in Quebec are 18 weeks and 65 weeks with 5 weeks for parental leaves, respectively, and no eligibility requirements have been set forth under the state law of Quebec. 
12. Saskatchewan: Maximum maternity and parental leaves allowed in Saskatchewan are 19 weeks and 59 weeks, respectively, and eligibility requirements state that the person(s) must have been employed for at least 13 weeks. 
13. Yukon: Maximum maternity and parental leaves allowed in Yukon are 17 weeks and 63 weeks, respectively, and eligibility requirements state that the person(s) must have been employed for at least 12 months before the application is put forth.

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