When the baby arrives: What your business needs to know about maternity leave

Some of the changes a new baby brings may not just have new mothers and fathers losing sleep. Business owners and managers face big challenges when employees take a professional life hiatus for maternity and parental leaves.  

While the working population in the United States combine a short maternity leave with sick leave, vacation, personal days, short-term disability and unpaid family leave time to be able to spend time with their child in the first year of life, 52 weeks of paid maternity and parental leaves make it good to be Canadian. On December 31, 2000, changes to the federal Employment Insurance (EI) plan meant Canadians would be covered for 35 weeks rather than the previous 10.  

“Maternity leave” is often used collectively to include 15-18 weeks, depending on the province (see below), of recuperation given to a birth mother, and 37 weeks of parental leave, in which the mother or father stays home to care for their child in the first year of life. Before an employee takes leave, some of the responsibilities of both employee and employer include:  

Employee responsibilities

• To qualify for Employment Insurance (EI), employees must have worked 600 insurable hours (where contribution to EI has been made), over 52 weeks.
• In Alberta, employees must give at least six weeks written notice of the date an employee plans to start leave. In Saskatchewan and Ontario, two-four weeks notice is required (HYPERLINK "http://www.babycenter.ca/pregnancy/work/leavebyprovince/" http://www.babycenter.ca/pregnancy/work/leavebyprovince/). If a baby is born early or a child comes in to custody earlier than expected, employees taking parental leave have two weeks to submit written notice. 
• Employees in Alberta and Ontario must give four weeks written notice of their intention to return or not to return to work (not mandatory in Saskatchewan).
• Employees can change the date they decide to start parental or maternity leave, however, must provide their employer with at least two weeks written notice before the new, earlier or later date. 

Employer responsibilities

• Some employers choose to “top up” or pay some or all of the difference between what the employee will be receiving in Employment Insurance (EI) (usually 55% of income) and their usual salary. It is not mandatory. 
• It is not mandatory for employers to continue to pay benefits. If an employee requests their benefits continue, some employers offer to continue to pay their contribution while the employee continues to pay their contribution, or the employee pays for the benefits plan in its entirety. 
• Legislation says that employees must return to their former position or assigned equivalent duties with the same salary and benefits.
• You can request a medical certificate confirming birth. 

All legal responsibilities of the employer can be found in the Employment Standards Code (link to:  HYPERLINK http://www.qp.alberta.ca/574.cfm?page=E09.cfm&leg_type=Acts&isbncln=9780779725663,http://www.qp.alberta.ca/574.cfm?page=E09.cfm&leg_type=Acts&isbncln=9780779725663) for
Alberta, the Labour Standards Act (link to:  HYPERLINK
"http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/L1.pdf" http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/L1.pdf) for Saskachewan, and Employment Standards Act (link to: 
HYPERLINK http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_00e41_e.htm
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_00e41_e.htm) for Ontario.  

To avoid any misunderstandings, ensure letters with leave and return dates are shared and signed before the employee takes leave; in Alberta and Ontario, employees must submit a letter providing four weeks written notice if they do not intend to return to the position.

Province variance in maternity and parental leave legislation is as follows:

Alberta: Maternity leave is 15 weeks, Parental leave is 37; Parental leave can be shared between mother and father, as long as combined parental leave does not exceed 37 weeks; Adoption leave 37 weeks; Mandatory notice if employee does not intend to return to the position; Parental leave must be taken some time between actual birth or custody date and 52 weeks.

Ontario: Maternity leave is 17 weeks; Parental leave 37 weeks; Adoption leave 37 weeks; Mandatory notice if employee does not intend to return to the position; Parental leave must begin no later than 35 weeks after birth or custody date.

Saskatchewan: Maternity leave 18 weeks, Parental leave 37; Adoption leave 52 weeks; Parental leave must be taken between one month before and eight months after birth or custody.