Maternity Leave Duration and Flexibility in Canada

Canadian maternity leave offers up to 17 weeks of job-protected leave. Expectant mothers can begin their leave as early as 13 weeks before their due date. If birth occurs after the 17-week maternity leave period, the leave extends until delivery, providing additional time as needed.

In certain situations, maternity leave can be further extended. For example, if the newborn remains hospitalized post-birth, the leave may last longer.

Paternity Leave in Canada

While Canada’s federal Labor Code does not specifically address paternity leave, fathers across the country are entitled to access parental leave, a provision that is available for both parents for up to 35 weeks following the birth or adoption of a child. This shared leave allows new parents the flexibility to balance family responsibilities, but it doesn’t specifically grant fathers a distinct period of paid paternity leave.

Financial Benefits During Maternity Leave

To qualify for maternity benefits, an employee must have completed at least 600 insured work hours within the 52 weeks leading up to their claim. This allows eligible individuals to receive up to 15 weeks of financial support, calculated at 55% of their average weekly wage, capped at a maximum of CAD 668 per week.

For those who encounter health complications, an extension may be available. Mothers dealing with illness during or after pregnancy are entitled to up to 15 weeks of additional federal sickness benefits. This, combined with parental leave options, allows for a possible total of up to 91 weeks of benefits, supporting families through extended maternity and recovery periods.

Additional Support for Quebec Residents

Quebec offers unique benefits through the Quebec Parental Insurance Plan (QPIP), which provides greater financial support options. Under the QPIP, employees in Quebec can receive 70% of their weekly income for 18 weeks under the basic plan, or opt for 75% for 15 weeks under a special plan.

Legal Protections for Maternity Leave

In Canada, the law prohibits discrimination or disciplinary action based on pregnancy or maternity leave. An employer cannot dismiss, demote, suspend, or discipline an employee due to pregnancy, maternity leave, or a maternity-related reassignment.

Special Leave for Pregnancy Loss

Canada also recognizes the need for time to heal after a miscarriage or stillbirth. Parents who experience a stillbirth are entitled to eight weeks of leave, while those who suffer other pregnancy losses have three days of leave. Surrogate parents are also covered under this entitlement, allowing up to 26 weeks post-loss to take this leave in one or two intervals. For those employed continuously for three months, the first three days of leave are paid.

Maternity Leave and Multiple Births

Regardless of the number of children born at once, maternity and parental leave entitlements and benefits apply per birth, not per child. Parents of multiples, therefore, receive the same entitlements as those with single births, with the option to use extended benefits to accommodate additional family needs.

Implications for Canadian Employers

• Employers must ensure they comply with the Canada Labour Code and provincial regulations. Non-compliance, such as discrimination or termination due to pregnancy or maternity leave, can result in significant legal and financial repercussions.

• Implementing clear, documented policies around maternity leave is crucial to reduce the risk of litigation and uphold employee rights.

• Employers with employees in Quebec must navigate the unique requirements under the Quebec Parental Insurance Plan (QPIP), which differs from the federal program.