How Long Does Canada’S Maternity Leave Last?

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In Canada, pregnant or recently given birth employees can take up to 15 weeks of leave without pay. After the 15-week maternity leave, parental leave can be either 35 weeks (12 months) or 61 weeks (18 months). Both 12 and 18-month parental leave options start with the 15-week maternity leave.

Maternity leave in Canada is protected unpaid time off work because you are pregnant, have given birth, or are taking care of a newborn. Your employer is required to hold your job for you during this time. Pregnant employees are entitled to up to 17 weeks of maternity leave, which can begin no sooner than 13 weeks before the due date.

EI maternity benefits can be paid for a maximum of 15 weeks, but you cannot receive EI maternity benefits beyond 17 weeks after the expected or actual week of childbirth, whichever is later. 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 40 weeks, but one parent cannot receive more than 35 weeks’ worth. The benefits must be claimed within 52 weeks of the birth or adoption of your baby.

Pregnant employees can also take maternity leave at any time during the period that they provide their employer with a certificate from a health professional. Maternity leave and benefits can be taken for up to 15 weeks, starting as early as 12 weeks before the expected date of birth and ending as late as 17 weeks. The first part of your absence will be your maternity leave, which can last for 15 weeks. Beyond those first 15 weeks, your benefit switches. All pregnant employees are entitled to up to 17 weeks of unpaid leave, and in some circumstances, maternity leave may be extended.

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What Happens If You Get Pregnant On Maternity Leave In Canada
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What Happens If You Get Pregnant On Maternity Leave In Canada?

Employees are entitled to maternity and parental leave under the Employment Standards Act (ESA) for each pregnancy, with no requirement to return to work between pregnancies. Pregnant employees can apply for Employment Insurance (EI) maternity and parental benefits, even while outside Canada, though they should notify authorities if they leave the country. Maternity leave lasts up to 17 weeks, starting no sooner than 13 weeks before the due date. The leave must end within 52 weeks after delivery, while parental leave can last up to 40 weeks, with a cap of 35 weeks for one parent.

Employees cannot be fired or demoted due to pregnancy or breastfeeding. If a pregnant employee becomes pregnant again while on leave, they are still entitled to additional pregnancy leave. International students who become pregnant in Canada have the option to continue studies or take leave. To qualify for EI benefits, you must be unable to work due to pregnancy or recent childbirth. Maternity benefits are specifically for biological mothers or surrogate mothers. It’s also important to note that employees can take a leave of absence of up to 17 weeks if they have been employed, and in cases of pregnancy affecting job performance, leave might be required.

Can I Take Maternity Leave Twice In One Year
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Can I Take Maternity Leave Twice In One Year?

The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 workweeks of unpaid leave in a rolling 12-month period. This 12-month count begins from the date of return to work, not when leave is taken (unless company policies differ). Both mothers and fathers can take FMLA leave to bond with a newborn, while mothers can also use it for prenatal care, pregnancy-related incapacity, and serious health conditions after childbirth. FMLA can be taken as a continuous block or in smaller, medically necessary increments, and in some instances on a part-time basis.

Eligible employees can access up to 12 weeks of unpaid leave, which may include other forms of leave like Paid Parental Leave (PPL). However, the total FMLA leave cannot exceed 12 weeks within a 12-month period, meaning that employees cannot combine FMLA with additional FMLA/PPL for more than this total.

Maternity leave duration and pay depend on employer policies, as the FMLA primarily guarantees unpaid leave for qualifying employees. While the average time off after childbirth is about 10 weeks, the FMLA remains the key federal law providing job protection for eligible employees. Employees may face limitations if caring for multiple children in close succession; understanding one's company policy regarding leave is essential for navigating FMLA rights effectively. Ultimately, planning leave in advance can help manage benefits more efficiently.

How Long Does Maternity Leave Last
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How Long Does Maternity Leave Last?

After a 15-week maternity leave, parental leave follows, which can be either 35 weeks (12 months) or 61 weeks (18 months). The financial implications of standard parental benefits (12 months maternity leave) versus extended benefits (18 months) should be considered. In the U. S., federal and state laws govern maternity leave, dictating eligibility and duration for both paid and unpaid leave. Generally, eligible employees can take up to 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA), which also ensures job protection.

Some states, like California, New Jersey, and New York, provide paid family leave systems that include maternity leave. Researching both your state and company policies on maternity leave is crucial before planning your leave.

Maternity leave duration can vary widely, but under federal law, you can legally take 12 weeks of unpaid leave without losing your job, depending on employer policies and state regulations. In some regions, such as Europe, maternity leave can last from 14 weeks to a year, and certain companies must offer unpaid leave. On average, new mothers in the U. S. take about 10 weeks of maternity leave, with some portion covered through paid sick leave and benefits. Understanding the specifics of maternity leave benefits is essential for planning effectively and ensuring financial stability during this time.

How Much Is Maternity Leave In Ontario
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How Much Is Maternity Leave In Ontario?

The maternity leave calculator for Ontario and Alberta is similar since both provinces follow federal guidelines for maternity benefits. As per the maternity leave calculator in Canada, a 12-month leave could yield approximately $22, 330, given a weekly payment of around $638 over 35 weeks. Starting January 1, 2024, maternity leave pay in Ontario will be 55% of insurable earnings, with a maximum benefit of $668 per week. Individuals needing leave due to pregnancy or caring for a newborn or newly adopted child should apply for EI maternity and parental benefits.

Ontario's Employment Standards Act supports unpaid pregnancy and parental leaves, offering job protection for birth mothers. Maternity leave consists of 17 weeks, which can start up to 13 weeks before delivery. Although the leave is unpaid, employees are allowed to retain participation in employer benefit plans. In terms of financial support, EI benefits could cover 55% of average earnings, potentially reaching up to 80% for some individuals. Ontario employees are entailed to take their maternity leave in one continuous period, with the option to extend if still pregnant after the 17 weeks.

For 2024, the maximum EI payout is capped at $668 weekly. Parental leave extends up to 63 weeks, with different payment structures available. Understanding one's rights and benefits related to maternity leave in Ontario is essential for eligible employees.

How Soon Can You Go On Maternity Leave In Canada
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How Soon Can You Go On Maternity Leave In Canada?

In Canada, employees planning to take maternity or parental leave must apply at least 4 weeks before their intended start date. Maternity leave can commence up to 17 weeks prior to the due date, with an entitlement of up to 15 weeks of leave. Employees can apply for Employment Insurance (EI) maternity benefits as early as 12 weeks before the due date or upon starting their maternity leave. The Canada Labour Code ensures that pregnant employees have the right to take this unpaid leave, which can be taken anytime between 13 weeks before up to 17 weeks after childbirth.

For biological and surrogate mothers, the total maternity leave is 15 weeks, followed by an additional 35 weeks of parental benefits that can be shared with legally recognized parents. To qualify for EI benefits, employees must meet specific criteria, including having accumulated a minimum of 600 working hours. Overall, maternity leave in Canada is generous compared to many countries, allowing new parents to have ample time off work for family care.

Leave durations must not exceed a total of 78 weeks for both maternity and parental leaves combined. Understanding these entitlements can help employees make informed decisions about taking leave before and after the birth of their child.

How Do I Apply For Maternity Or Parental Leave In Canada
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How Do I Apply For Maternity Or Parental Leave In Canada?

To apply for maternity or parental leave in Canada, visit the Canadian EI website and complete an online application. Ensure this is done within 4 weeks after your last workday to avoid losing benefits. Maternity leave is exclusive to individuals giving birth, requiring proof of pregnancy, such as a statement confirming the due or birth date. Parental benefits can be accessed after childbirth or adoption. Eligibility mandates at least 600 work hours in the prior 52 weeks.

The waiting period for benefits is one week. There are three parental leave types: maternity leave, standard parental leave, and extended parental leave. Maternity leave lasts up to 15 weeks. You can receive up to $595 weekly. It’s crucial to apply promptly post-employment, as late applications could result in missed benefits. Applications can be made online or at a Service Canada Centre, and a Record of Employment (ROE) is required from your employer. For further guidance on the benefits and application process, refer to the EI website. Updated information is available as of July 2023.

How Long Does Maternity Leave Last In Canada
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How Long Does Maternity Leave Last In Canada?

In Canada, maternity leave is limited to 15 weeks, after which parents can choose between two parental leave options: 35 weeks (12 months) or 61 weeks (18 months). New mothers can access maternity benefits as early as 12 weeks before their due date, and these benefits cover 55% of their income, up to a maximum of $668 CAD per week. The first two weeks of maternity leave are considered a waiting period, during which no benefits are paid.

Employees sharing parental benefits for the same child only need to serve one waiting period. The combined duration for maternity and parental leave can be extensive, with new parents having the option to take up to 69 weeks collectively at reduced pay.

Maternity leave is specifically available to biological mothers, while parental benefits can be shared among biological and adoptive parents. Employees on maternity or parental leave are regarded as continuously employed, contributing towards their service years. The leave can start as early as 13 weeks before the expected due date and can be utilized until 17 weeks postpartum.

Maternity-related reassignment leave is separate from the standard leave options and reflects the policies intended to support new parents during the crucial early months after childbirth.

What Maternity And Parental Leave Benefits Are Available In Canada
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What Maternity And Parental Leave Benefits Are Available In Canada?

In Canada, expecting mothers and new parents can access comprehensive maternity and parental leave benefits, enabling them to prioritize their families without financial burden. Understanding employee leave entitlements is crucial for hiring or establishing a business in Canada. Here are five key facts about maternity and parental benefits outside Quebec:

  1. Eligible individuals with a valid social insurance number can receive maternity and parental benefits, regardless of gender identity.
  2. Parental benefits have two options: standard (up to 35 weeks) and extended, which must be claimed within a specified timeframe.
  3. Maternity leave lasts a maximum of 15 weeks, exclusively for biological (and surrogate) mothers, providing financial assistance at 55% of earnings, capped at $668 weekly.
  4. Employers cannot terminate or demote employees during these federally protected leaves but are not required to pay them.
  5. Service Canada manages these benefits, and access is contingent upon having contributed to Employment Insurance (EI).

Parental benefits can commence at the time of a child's birth or placement for adoption. The Employment Insurance program supports parents by offering time off work, ensuring job security while they care for their newborn or newly adopted child. Understanding eligibility, benefits, and application processes is essential for new parents.

How Early Can I Go On Maternity Leave
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How Early Can I Go On Maternity Leave?

Maternity leave can begin as early as 11 weeks before your due date, but it may start sooner under certain circumstances, such as if the baby arrives early or if the mother has pregnancy-related illnesses within the last month. Timing for maternity leave is highly individual, and Tiffani Martinez, a human resources director, notes that companies should adapt based on unique experiences. Many women prefer to work until labor starts to maximize time with their newborns postpartum, although some opt for a predetermined last day for a break before delivery.

Legally, U. S. women can take up to 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA), provided they meet eligibility requirements, such as having worked for at least 12 weeks. Average maternity leave in the U. S. is around 10 weeks, but durations can range widely based on company policy and state laws.

In some regions like Ireland, maternity leave can start as early as 24 weeks before the due date, with a 26-week minimum mandated. Employers with 50 or more employees must provide 6 weeks for birth or adoption, plus 2 additional weeks for childcare. Many women choose to take maternity leave a few weeks before delivery for comfort or personal preference, while the most common postpartum recovery time is about six weeks after a vaginal birth. Planning ahead and understanding workplace policies is crucial for expecting parents to make well-informed decisions about their maternity leave.

How Long Is Parental Leave In Canada
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How Long Is Parental Leave In Canada?

In Canada, parents are entitled to a generous parental leave system, offering 12 to 18 months of leave depending on the choice made. In all provinces, including Ontario, Alberta, Manitoba, and British Columbia, both parents working in federally regulated industries can access this leave. A mother’s maternity leave lasts for 16 weeks, starting seven weeks before delivery and ending 10 weeks after birth, with the option to take 35 weeks of parental leave afterward.

Although parental benefits can be taken non-consecutively, they must be claimed within specific time frames, starting from the child's birth. The standard duration for parental leave is 40 weeks, but one parent can only receive 35 weeks of these benefits, while the other parent can access additional benefits that can extend to a total of 69 weeks. Notably, standard parental leave must be utilized within 52 weeks, while extended options must be taken within 78 weeks after the birth or adoption.

As of March 2019, Canadian policies have been updated to include an additional five weeks of leave, totaling 40 weeks, with designated benefits for fathers. This system offers more flexibility and duration compared to U. S. parental leave. Overall, Canada’s approach supports both biological and surrogate mothers while emphasizing equal access for fathers.

How Many Times Can You Go On Maternity Leave In A Row
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How Many Times Can You Go On Maternity Leave In A Row?

Depending on personal circumstances, employees may run two maternity leaves consecutively or choose to return to work between the two. Returning early from the first leave is possible with a minimum of eight weeks' notice. There is no qualifying period for maternity leave, and employees maintain their status throughout. Both mothers and fathers are entitled to Family and Medical Leave Act (FMLA) leave to bond with a newborn.

FMLA also covers prenatal care and serious health conditions related to pregnancy. Eligible employees can take up to 12 workweeks of unpaid leave annually, with provisions for military caregiver leave offering up to 26 weeks.

Maternity leave typically lasts around 12 weeks in the U. S., thanks to FMLA, which ensures unpaid, job-protected time away, but eligibility varies. Time off due to pregnancy complications counts against the 12-week limit. Employees can take maternity leave multiple times without needing to return to work in between pregnancies. There are no legal limits on the number of maternity leaves a person can take, and maternity leave rights remain unaffected by prior leaves.

Those who have taken parental leave are not required to work for 12 months before taking another leave with the same employer, and if one gets pregnant while on leave, they are entitled to another 52 weeks. The exact duration of maternity leave can vary widely based on benefits and employer policies.


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Freya Gardon

Hi, I’m Freya Gardon, a Collaborative Family Lawyer with nearly a decade of experience at the Brisbane Family Law Centre. Over the years, I’ve embraced diverse roles—from lawyer and content writer to automation bot builder and legal product developer—all while maintaining a fresh and empathetic approach to family law. Currently in my final year of Psychology at the University of Wollongong, I’m excited to blend these skills to assist clients in innovative ways. I’m passionate about working with a team that thinks differently, and I bring that same creativity and sincerity to my blog about family law.

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2 comments

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  • Hi, i have a question. My company wants me to go on temporary lay-off for 3-4 months. And i am planning my family this year. Probably December would be the delivery date. So can i apply for maternity leave and parental leave benefits if i go on temporary lay-off for Jan to April ? Because i read that one must not be on EI in past 52 weeks, from the datewe apply mat and parental leave. Looking forward for a reply asap. Thanks and Regards

  • Hi, I thought of sharing a feedback on your article. Imagine you saw a article on YouTube which is titled in a language that you know and when you open it, you realize that the article is made in language that you don’t understand! How much frustrated would you be? You’d probably dislike the article for wasting your time and would go to the next article. That was the situation when I watched this article. So, please title your article in the same language that you’d be making the article in or at least mention the language in the title.

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