Help! Maternity leave (more specifically in Canada...)

Mrs. JRT · July 2009

Hi ladies,

I just found out that I will be starting a new job (working for the same lawyer but in a new firm) October 1. I will be 4 months pregnant by then. Does anyone know the mat leave guidelines? I know I will still get my government benefits but is the employer entitled to allow me my year mat leave if I have only been there for 5 months?

TIA

littledub · July 2009

You get a year of maternity leave?! I'm officially envious.

amoureux · July 2009

I believe you get the full mat leave of 15 weeks maternity plus the 35 weeks parental. edit: you have to have worked 600 hours over the previous 52 weeks to be eligible.

What can vary is if you are eligible for any top-up your employer offers to the standard EI benefits. Where I work you have to have been there for 6 months to be entitled to receive the top-up.

ElloPoppet · July 2009

Note to self: Move to Canada.

notforever · July 2009

i honestly don't think they have to until you've been working there for a year, but i really doubt many employers would deny someone of it. a girl i work with wasn't here for a full year when she took mat leave. my employer didn't have a problem with it and she will have a job here when her mat leave is up.

amoureux · July 2009

From the Government of Canada's website:

Legislative Requirements Regarding Eligibility for Maternity Leave ¹

Legislation in all jurisdictions sets a number of qualifying conditions for maternity leave. Employees covered by the Canada Labour Code (federal jurisdiction) and most provincial/territorial labour legislation must have a minimum period of service with the same employer to be eligible. This ranges from 0 to 12 months: one year in the case of Alberta, Manitoba, the Northwest Territories, Nova Scotia, Nunavut, and the Yukon; 6 months in the federal jurisdiction; 20 weeks before the expected birth date in Newfoundland and Prince Edward Island; 20 weeks in the 52 weeks preceding the day the leave is to commence in Saskatchewan; and 13 weeks in Ontario. British Columbia and New Brunswick have no requirements with respect to length of service, and the only condition in Quebec is to be in the service of the employer the day preceding the notice of intent to take leave.

So I hope you don't live in Alberta, Manitoba, or the NWT.

notforever · July 2009

i live in alberta and the girl i work with was only with us for 9 months before taking mat leave.

amoureux · July 2009

I guess at that point it is up to the indivdual employer to allow her the full leave as under provincial legislation they are not obliged to. Sounds like you work for a great company!

Mrs. JRT · July 2009

Thank you all so much for the input! I think it will all work out. I just wasn't expecting it!

notforever · July 2009

yeah i think it must be up to the employer. and you're right, i can't complain!

maybe you should talk to your new boss and see what they'll do for you?

jknallen · July 2009

They have to give you the year off for maternity leave. To collect the money from the government you have to work for so many hours to qualify. Which you would make if you are only 4 months along now. There is also a two week waiting period to recieve the money once you file all the papers so be sure to do it right away.

https://www.hrsdc.gc.ca/eng/lp/spila/wlb/wfp/11Maternity_Leave.shtml

avm_kkr · July 2009

I live in Alberta and it's a year wait but most companies, if you are up front with them, will have a job for you when you get back.

Yes it is awesome to be pregnant in Canada Ha-ha.

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