Understanding Maternity Leave Law in Ontario: Protecting Your Rights

Introduction:

As an employment law firm in Toronto, we understand the importance of ensuring workers' rights are protected during significant life events. Maternity leave is a critical aspect of labor law that safeguards the rights of expectant and new mothers in Ontario. In this blog, we will explore the maternity leave provisions in Ontario, offering valuable insights to both employers and employees, promoting a supportive and inclusive work environment.

1. Eligibility for Maternity Leave:

Ontario's Employment Standards Act (ESA) provides eligible employees with the right to take maternity leave. To qualify, an employee must have worked for the same employer for at least 13 out of the last 52 weeks before the expected date of delivery (EDD).

2. Duration of Maternity Leave:

Eligible employees are entitled to up to 17 weeks of unpaid maternity leave. This period allows new mothers to focus on their health, well-being, and bonding with their newborns without fearing job loss.

3. Pregnancy Leave:

Ontario also offers pregnancy leave, allowing employees to take up to 12 weeks of unpaid leave before the expected date of delivery. This provision ensures that expectant mothers can manage any pregnancy-related health concerns without compromising job security.

4. Parental Leave:

In addition to maternity leave, both parents have the right to take parental leave to care for their newborn or newly adopted child. Eligible employees, regardless of gender, can take up to 63 weeks of unpaid parental leave.

5. Notice Requirements:

Employees intending to take maternity leave must provide their employers with written notice at least two weeks before the leave's start date. In situations where giving the notice is not feasible (e.g., unexpected premature birth), employees must provide notice as soon as possible.

6. Returning to Work:

Upon completion of maternity leave, employees have the right to return to the same job they held before the leave. If that job is no longer available due to legitimate reasons, the employer must offer a comparable position with equal pay and benefits.

7. Rights and Benefits During Maternity Leave:

During maternity leave, employees remain entitled to benefit from any improvements in wages, benefits, or terms of employment that would have occurred had they not taken leave. Additionally, any earned vacation time or pay that they accrued before the leave must be provided upon their return.

8. Protection Against Discrimination:

It is essential to highlight that employees are protected against discrimination or retaliation for taking maternity leave. Employers cannot terminate or penalize employees for exercising their rights under the ESA.

9. Keeping in Touch Days:

While on maternity leave, employees are allowed to work for up to ten "keeping in touch" days without affecting their entitlement to leave or pay. These days allow employees to stay connected with their workplace and participate in meetings or training if they wish to do so.

Conclusion:

Maternity leave is a crucial aspect of employment law in Ontario, designed to protect the rights of expectant and new mothers while ensuring job security. Understanding these provisions is vital for both employers and employees to create a supportive and inclusive work environment that values the well-being of its workforce. If you have questions or concerns regarding maternity leave in Ontario, do not hesitate to consult an experienced employment lawyer to protect your rights and interests.