Comments on: Canadian Maternity Leave

By: Amber

Amber — Tue, 07 Feb 2012 20:59:43 +0000

I have made a decision – I am no longer available to answer personal questions related to maternity and parental leave. I have closed comments on this post for that reason. If you can’t find the answer somewhere on this site, then your best bet is to call Service Canada. And, really, even if you DO find the answer your best bet is to call Service Canada.

My last maternity leave ended nearly three years ago, and my information is no longer up-to-date. I’m just a mom, not a government representative.

I apologize for the inconvenience, but when I wrote this in 2008 I didn’t anticipate that I would still be fielding questions at this point. I appreciate your understanding.

By: Moi Mem

Moi Mem — Tue, 07 Feb 2012 19:59:47 +0000

Hi Amber,

I have a similar question to the thread.

My job in Ontario was terminated in Oct 2011 whn I was 4 weeks pregnant. After that , I have looked for work, however difficult to find work as was showing up pregnant during interviews. my ROE says I have contributed more than 1000 hours from Mar 2011 – Oct 2011. My due date is May 2012.

Hope I am eligible for EI – Maternity and Parental benefits. If yes, When should i apply for both.

Appreciate your response.

Moi

By: Amber

Amber — Tue, 10 Jan 2012 05:56:56 +0000

What I’m saying is that as long as you work at least 600 hours before your next mat leave, you’re eligible for the full 50 weeks of maternity and parental leave. Either you qualify for the whole thing, or you get nothing at all. There’s no distinction between someone who only worked for 18 weeks or someone who worked for 104 weeks – as long as you have 600 hours, you get 50 weeks. So make sure you’ve worked at least 600 hours, and you’re good for a year

By: Dena

Dena — Tue, 10 Jan 2012 05:24:51 +0000

Hi Amber,
Thanks so much for the reply. Just to clarify though, I am currently receiving my mat leave pay, however I’m trying to figure out if it will end after a few weeks as I only worked 18 weeks before going on my 2nd mat leave. Would I only be paid ei for those “insurable hours” worked?

Thanks again!

By: Amber

Amber — Fri, 06 Jan 2012 21:57:41 +0000

You either qualify for mat leave or you don’t. As long as you have at least 600 hours since your last claim, you can qualify for the full 50 weeks of maternity and parental leave through EI. If you didn’t have 600 hours, you wouldn’t get anything. There are no partial benefits.

However, I’d like to make an important distinction. When you’re on maternity leave there are two things to consider: EI benefits, and provincial labour law. Your province may have different rules about who does and doesn’t qualify for maternity leave, and how long they qualify for. Someone could qualify for maternity leave from work under provincial law, but not be eligible for EI. In the same way, someone could be eligible for EI, but not receive protection under provincial law for maternity leave. Some provinces have minimum periods you need to work, for example, to be eligible for maternity leave, which differ from EI regulations. If you want to make certain, you can get in touch with your HR or union rep, or contact a labour lawyer. None of this would affect your pay in any way, though.

By: Dena

Dena — Fri, 06 Jan 2012 21:44:34 +0000

Hi Amber,
Question for you (I can get through to service Canada’s line to find out!)
I returned to work after my fist mat leave already pregnant. I worked 18 weeks before delivering my second baby so qualified for another years mat leave – however I’m unclear if I then qualify for a full year mat leave or just for the 18 weeks worked?

Thanks so much for your help!

By: Amber

Amber — Thu, 08 Dec 2011 23:53:32 +0000

I replied to Jin in an email, but I can see I should have posted the answer here, too.

The 55% is calculated based on your qualifying period, which uses a somewhat confusing formula. You can read more about that here: http://www.servicecanada.gc.ca/eng/ei/types/regular.shtml#calculate

The basic summary is that they usually average your weekly earnings during the 26 weeks before your claim starts. If you’re working more, and getting paid more, you would get a higher maternity leave payment for sure. You can start maternity leave up to 8 weeks before your expected due date, and then your benefits would be calculated counting back from that point.

I hope this makes sense. You can always call Service Canada and confirm your exact situation with them, if you want a more specific answer.

By: Tamara

Tamara — Thu, 08 Dec 2011 20:52:34 +0000

Hello
I have a question similiar to Jin.
I have been working part-time while in school. I am still in school, but have accepted a full-time position from the same company, starting in January (2012).
For my school I will be doing a full-time placement in addition to course work.
I am thinking that I would like to go on maternity leave early so that I can finish school, however am not sure if I do that what my maternity leave will be. Is the 55% calculated based on the last 600 hours? Or is the 55% based on 2 months, or your current (in my case starting in January) rate of pay? I can find no more information on the actual calculated amount other than up to 55%. If you know anything about this, I would really appreciate any information because I can’t find any and am trying to decide if it is worth trying to work 2 full-time positions (1 un-paid for school) as well as school work in order to qualify for a higher maternity leave payment.

By: Amber

Amber — Wed, 02 Nov 2011 16:55:04 +0000

I don’t think you are eligible. You need to have worked 600 hours in the 52 weeks before your leave starts. You are eligible to start your leave 8 weeks before your due date, so approximately April 2012. You would need to have worked 600 hours between April 2011 and April 2012. I don’t know when your last day of work was, but if you were working a 40 hour week you would need to have worked 15 weeks between April 2011 and April 2012, and it doesn’t sound like that would have happened.

By: rohi mahajan

rohi mahajan — Wed, 02 Nov 2011 14:06:03 +0000

hi amber….

i just want to confirm that i worked for 900 hr from november 2010 to may 2011 n now i am not working my delivery date is mid of june 2012…can i still eligible for maternity benefits……