Ontario proposes increased job protection<br> for parental leave

Ontario, New Brunswick and Newfoundland have each announced legislation recently to extend parental leave

The Ontario government announced recently that it intends to extend job-protected leave for new parents.

The legislation, if passed, will increase job-protected leave to 52 weeks in order to align with the federal benefits. It will also give employees up to 10 unpaid days off a year for family crises.

Under the federal Employment Insurance Act, parents of children born on or after Dec. 31, 2000, are entitled to 35 weeks of parental benefits and 15 weeks of maternity benefits. There is a two-week waiting period for EI benefits, not included in these numbers. Parental leave legislation also applies to adoptive parents.

Until the legislation is passed, working parents in Ontario only get 17 weeks of job-protected pregnancy leave and 18 weeks of parental leave.

The changes come as part of a host of changes to Ontario’s Employment Standards Act. (For more information on the other areas which are affected, visit www.gov.on.ca/LAB/main.htm.)

Recently New Brunswick and Newfoundland extended their provinces' job protection for men and women on parental leave to 52 weeks, in line with the federal benefits.

Parental leave comprises two issues:

1) Employment Insurance benefits. This is the money - approximately 55 per cent of average weekly insurable earnings ­- which is received from the federal government during the 52 weeks of leave (applicable to parents whose children are born after Dec. 31 of this year). This includes a two-week "waiting period" during which no money is given. These benefits are granted by the federal government. In all provinces, parents are eligible to receive these benefits as long as they meet the criteria spelled out in the legislation.

2) Job protection. Each province decides, individually, how long parents can stay at home and still be assured of a job when they return to work. Federal government employees and people working in federally regulated businesses are guaranteed 52 weeks of job protection.

New Brunswick, Newfoundland, British Columbia, Nova Scotia, Quebec and Ontario are the only provinces that have leave protection that matches federal benefits.

Who gets what?
Here's an "executive summary" of provincial maternity leave benefits.

Federal
The Canada Labour Code provides 52 weeks of job protection to federal government employees as well as employees in federally regulated industries such as banking. However, it is up to the provinces to extend leave protection to other workers.

New Brunswick, Newfoundland, Nova Scotia, British Columbia, Quebec and Ontario
These provinces have amended or are in the process of amending their codes to align with the federal code providing 52 weeks of job protection.

Other provinces
No other provinces have amended their maternity leave allowances.

For more information: www.hrdc-drhc.cg.ca/ei/common/parental_benefits.shtml.

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