Navigating pregnancy and parental leave in Ontario can raise many questions for expecting parents. Key concerns often revolve around job security, leave duration, and financial support options like employment insurance (EI) and employer benefits. This guide breaks down your statutory protected rights under the Ontario Employment Standards Act, 2000, clarify what happens if you want to work for another employer while on leave, and explains the intricacies of benefit top-up coverage.
How long is pregnancy and parental leave in Ontario?
In Ontario, pregnant employees have the right to take pregnancy leave of up to 17 weeks, or longer in certain circumstances, of unpaid time off work. Further, both new parents have a right to take up to 61 to 63 weeks of unpaid time off.
Can I work for another employer during my leave?
This is a statutory protected right under the Ontario Employment Standards Act, 2000. As a result, you are still considered an employee of your employer while on leave. If an employee wants to start a new job while on leave, in most circumstances, depending on the exclusivity terms of the employment contract, they will be forced to resign as they are still deemed to be an employee while on leave.
How much notice do I need to give to resign while on pregnancy or parental leave?
If an employee wants to resign before the end of the pregnancy or parental leave, or at the end of the leave, the employee must give the employer at least four weeks’ written notice. This notice requirement does not apply if the employer constructively dismisses the employee.
Top up coverage and financial benefits
While there is no legal right to payment coverage, employees have a right to continue participation in certain benefit plans and earning credit for their length of tenure at the employer.
Most employees are entitled to Employment Insurance benefits; however, these are often minimal compared to an average salary. Some employers may opt to provide an added benefit of a “top-up” coverage as an additional benefit.
What is a parental leave top up plan?
A parental leave top-up is an employer-paid financial benefit designed to increase an employee’s income while they receive EI parental leave benefits. Since EI benefits replace only a portion of an employee’s salary, top-ups help reduce the financial burden of taking time off work to care for a newborn. Unlike EI benefits, which are government-funded, top-ups are entirely voluntary and employer-specific.
Do I have to repay my parental leave top up?
Employer agreements that provide top-up parental leave benefits usually state that an employee is responsible for repaying that money if he or she voluntarily leaves the company during their leave or within a certain period after their leave ends. Service Canada does not register these agreements, nor does it consider these top-ups to be extra earnings as long as the top up does not exceed the employee’s weekly earnings when combined with the EI benefits they are receiving.
If you have questions regarding navigating parental leave, speaking with an experienced employment lawyer can help you understand your rights and legal options. Whitten & Lublin can help. Contact us online or by phone at (416) 640 2667.
Author – Sophie Teversham
