Monday, July 15th, 2024
In Ontario, parental leave provides job protection and income support to new parents, whether they are giving birth, adopting, or taking on a new child in their family. Here’s a comprehensive overview of parental leave in Ontario, including both Employment Standards Act (ESA) provisions and Employment Insurance (EI) benefits:
**1. Employment Standards Act (ESA) Provisions
Types of Parental Leave
- Parental Leave: This is available to parents following the birth or adoption of a child. It can be taken by either parent or both, and it’s available in addition to maternity leave for birth mothers.
Eligibility
- Employment Requirement: Employees must have worked for their employer for at least 13 weeks before the start of the leave.
- Job Protection: Employees are entitled to return to their same job (or a comparable one) after the leave ends.
Duration
- Standard Parental Leave: Up to 61 weeks of unpaid leave is available if the employee also took maternity leave, or up to 63 weeks if the employee did not take maternity leave.
- Leave Extension: The leave must be taken within 78 weeks of the child’s birth or adoption.
Notice Requirements
- To Employer: Employees must provide at least two weeks’ written notice before starting the leave and inform the employer of the expected date of return.
- Changes: Employees must also notify their employer of any changes in the return date, typically with at least two weeks’ notice.
**2. Employment Insurance (EI) Benefits
Types of Benefits
- Maternity Benefits: For birth mothers who are unable to work due to pregnancy or childbirth, covering up to 15 weeks.
- Parental Benefits: Available to both parents (including same-sex parents) and can be shared between them:
- Standard Parental Benefits: Up to 40 weeks, with one parent able to claim up to 35 weeks.
- Extended Parental Benefits: Up to 69 weeks, with one parent able to claim up to 61 weeks.
Eligibility
- Employment Requirements: Applicants must have accumulated at least 600 insured hours of work in the past 52 weeks or since their last EI claim.
- Application: Benefits must be applied for through Service Canada. Applications should be made as soon as possible after the leave begins.
Benefit Amount
- Standard Rate: Typically 55% of the average weekly earnings, up to a maximum amount.
- Extended Rate: Typically 33% of the average weekly earnings, up to a maximum amount.
**3. Employer Policies
- Additional Benefits: Some employers offer enhanced parental leave benefits beyond what is mandated by the ESA, such as paid parental leave or extended job-protected leave.
- Check Policies: Review your company’s specific policies as they might provide additional support or benefits.
**4. Steps to Apply for Parental Leave
- Review Eligibility: Ensure you meet the eligibility requirements under both ESA and EI.
- Notify Employer: Provide written notice to your employer, including the start date and planned return date.
- Apply for EI Benefits: Apply through the Service Canada website or at a Service Canada Centre. Provide required documents and information.
- Follow Up: Keep track of your application status and ensure you submit any requested documentation.
**5. Additional Resources
- Ontario Ministry of Labour, Immigration, Training and Skills Development: For detailed information on parental leave under the ESA.
- Service Canada: For information and applications related to EI benefits.
By understanding these aspects of parental leave, you can better navigate the process and ensure you take full advantage of your entitlements and benefits during this important time.