Parental leave benefits in Canada are changing – here’s what you need to know

By Krista Siedlak

The recently announced changes by the federal government will allow new parents planning to take parental leave on or after December 3, 2017 (outside of Quebec) to extend and spread their benefits over an 18-month period. This currently applies to federal employees, with expected changes coming at the provincial level (http://www.cbc.ca/news/politics/parental-leave-announcement-1.4394512).

Options for parents

Remain under the current 12-month system

• New birth moms and surrogates will still be eligible for 15 weeks of maternity benefits, with federal employment insurance (EI) providing them with 55 per cent of their average weekly salary (up to a maximum of $543 a week).
• Any parent can then take an additional 35 weeks of leave with federal employment insurance (EI) providing them with 55 per cent of their average weekly salary (up to a maximum of $543 a week).
*NEW* Starting Dec 3rd, pregnant women can start claiming the maternity benefit 12 weeks prior to their due date (additional 4 weeks earlier from what was allowed under the old rules).

New option to take 18-months or parental leave

• The maternity benefit remains the same – federal employment insurance (EI) providing them with 55 per cent of their average weekly salary (up to a maximum $543 a week).
• Subsequent to those 15 weeks, the parental benefits commence and the government will only pay out 33 per cent of weekly salary (maximum of $326/week) over longer period of 61 weeks.
*NEW* Starting Dec 3rd, pregnant women can start claiming the maternity benefit 12 weeks prior to their due date (additional 4 weeks earlier from what was allowed under the old rules).

Who qualifies for the benefits?

• Any Canadian outside of Quebec (Quebec has its own governing laws for extended parental leave) who has worked at least 600 hours of insurable hours in the previous 52 weeks should qualify.
• The government will not extend this option to those parents who are already on leave prior to Dec 3, 2017.
• Self-employed Canadians can opt into the Federal EI program and .ve the same benefits only if had opted in one full year prior to the claim and if they earned a minimum of $6,888 in that time frame.

For more information see: https://globalnews.ca/news/3852880/new-parental-leave-benefits-heres-what-you-need-to-know/

When do you qualify for the benefits?

• Employees in federally regulated workplaces (i.e. banks, transportation companies, telecoms, etc.) are eligible as of December 3, 2017 to opt for the 18-month program without fear that their roles will not be there upon their return (unless for reasons other than directly related to the leave).
• For the approximately ~90% of employees who do not work for federally regulated workplaces, opting in to the new 18-month program is an option, but they should know that until the provincial or territorial amendments are made to the individual labour codes, the job protection under the 12-month program may not necessarily apply.
• Individual companies will also need to adapt and adjust their internal policies and collective agreements.
• As is the case under the old system, the amended rules and laws will protect the employee from being terminated for reasons directly related to the leave. However, it will not protect them from legitimate corporate restructurings and lay-offs that are unrelated to the leave.