Rights & Responsibilities Guide

Leaves of Absence for New Parents

 

Parents of new children can get maternity, adoption or parental leave. Pregnant women can get 18 weeks of unpaid maternity leave and the primary caregiver of an adopted child can get 18 weeks of unpaid adoption leave. The parent taking maternity or adoption leave can also take up to 34 weeks of parental leave. Parental leave and maternity leave must be taken in one continuous period. The parent who does not take maternity or adoption leave can take up to 37 weeks of unpaid parental leave. Parents returning from maternity, parental or adoption leave must be re-employed in the same or a comparable job.

1. Who gets maternity, adoption or parental leave?

Full or part-time employees who are currently employed, and have been working for at least 20 weeks in the 52 weeks before the day the leave is to begin, can get maternity, adoption or parental leave.

Only the primary caregiver of an adopted child can get adoption leave. It is up to the parents to identify the primary caregiver.

2. How much notice must an employee give to an employer before taking maternity, adoption or parental leave?

Maternity Leave: An employee must give her employer written notice four weeks before the day her leave begins. The notice must include the day she plans to begin the leave and a medical certificate with the estimated date of birth. The estimated date of return to work should be included in the notice.

Adoption Leave: An employee must give the employer written notice four weeks before the day the child comes into his or her care. If the employee is unable to give proper notice, whatever notice is given by Social Services, the adoption agency, or the birth parents, must also be given to the employer. The estimated day of returning to work should also be included in this notice.

Parental Leave: An employee must give the employer written notice four weeks before the leave begins. The notice must include the day he or she plans to begin the leave. If the employee is on maternity or adoption leave and is requesting parental leave, the written application must be submitted at least four weeks before the employee was to return to work. The new estimated date of return to work should be included in this notice.

3. Do employees on maternity, adoption or parental leave get wages?

No, but employees may get employment insurance benefits (obtain details from the nearest federal government office of Human Resources Development Canada). (See question #10 for information about sick leave or disability benefits for pregnant employees.)

4. Can employees on maternity, adoption and parental leave continue participating in company benefit plans?

Yes. Employees on maternity, adoption and parental leave can continue participating in certain company benefit plans. An employer may require the employee to pay the contributions required to maintain the benefits.

Benefit plans that an employee can continue participating in while on leave include medical, dental, disability or life insurance, accidental death or dismemberment, registered retirement savings plan, and other pension plans.

5. Must the employee give notice to the employer before returning to work at the end of the maternity, adoption or parental leave?

Yes. An employee must notify the employer, in writing, at least four weeks before the day the employee plans to return to work. An employer is not required to allow an employee to return until this notice is received.

6. Can an employee’s pay be cut after maternity, adoption or parental leave?

No. An employee gets at least the same rate of pay with no loss of pension or similar benefits. Seniority continues to increase at the normal rate while an employee is on leave.

7. How does maternity, adoption or parental leave affect annual holidays?

Maternity, adoption and parental leave does not affect annual holidays. After returning from the leave, an employee gets the same annual holidays the employee would have received if the leave had not been taken. Annual holiday pay may be lower since it is a percentage of the previous year’s earnings.

8. Must a woman be given modified duties if her pregnancy would unreasonably interfere with the performance of her job?

Yes. Where a woman’s duties are modified, there can be no cut in wages or benefits. If there is no opportunity to assign modified duties, the woman may be required to commence maternity leave up to 13 weeks before the estimated date of birth.

9. What happens if an employee gets sick because of her pregnancy and has to leave work before her maternity leave is supposed to start?

If a pregnant employee can provide a medical certificate saying she must stop work for medical reasons, she may leave work immediately. She is not required to start her maternity leave at this time and can delay the start of her 18 week maternity leave up to the estimated date of birth. (See question #10 for information about sick leave or disability benefits for pregnant employees.)

10. Do pregnant employees get sick leave or disability benefits?

Yes, if the employer provides these benefits to other employees. Employers who provide sick leave benefits and/or disability benefits to employees must make sure that pregnant employees get these benefits when they are unable to work because of illness or injury, including pregnancy and pregnancy related illness. Employees must also get these benefits for the period of time after the birth of the child during which the employee is unable to work for reasons related to the birth of the child. An employer may request an employee to provide a medical certificate as evidence of her inability to work. Further information can be obtained from the Saskatchewan Human Rights Commission.

Sick benefits may also be available through Employment Insurance (call the nearest federal government office of Human Resources Development Canada).

11. When can maternity, adoption or parental leave be taken?

Maternity Leave: Maternity leave can start at any time during the 12 weeks before the estimated date of birth. If the employee did not give the employer four weeks notice before starting her leave, the 14 week leave can start at any time during the eight weeks before the estimated date of birth.

Adoption Leave: Adoption leave starts on the day the child becomes available for adoption.

Parental Leave: Unless parental leave is being taken with maternity leave, the leave can be taken any time between 12 weeks before the estimated date of birth or the day the child will come into the employee’s care and 52 weeks after the date the child was actually born or came into the employee’s care.

12. Can maternity leave exceed 18 weeks?

Yes. Maternity leave can be extended six weeks (for a total of 24 weeks) if there is a medical reason for not returning to work. A medical certificate is needed for this extension. Employers and employees can agree to a longer leave. To prevent misunderstanding, such agreements should be in writing.

13. What happens if a birth is delayed?

Women get at least six weeks of leave after the date of birth, even if this causes the total maternity leave taken to be more than 18 weeks.

14. Can an employee be fired because she is pregnant?

No. The law says "no employer shall dismiss, lay-off, suspend or otherwise discriminate against" an employee because she:

a) is pregnant;

b) temporarily disabled because of pregnancy; or,

c) has applied for maternity leave.

 

 

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