It’s Mat Leave Monday! Today I’m answering some common questions about Canadian maternity leave. You can find my source material online here and here.
Disclaimer: I am not a lawyer or HR professional and I do not represent the federal government. If you have questions, you should probably speak directly with your employer or Service Canada. 
How do you apply for maternity or parental benefits?
As soon as you stop working, you should submit your claim. You can do that online here, or you can visit your nearest Service Canada location to apply in person. You can apply for maternity and parental leave at the same time.
When can I start maternity leave?
You can start maternity leave up to 8 weeks before your due date. On the other side, you must start it no later than the week you give birth. If you’re using vacation time when you give birth, for example, you need to switch over to maternity leave once the baby comes.
Can my partner and I go on leave at the same time?
Yes. As I mentioned in a previous post, what’s commonly referred to as ‘mat leave’ includes 35 weeks of parental leave, which can be shared between parents, and may be used concurrently. The total weeks of leave for each of you cannot exceed 35, whether you take it at the same time or not.
What if I don’t plan to return to work?
You can collect maternity and parental benefits in exactly the same way whether you plan to return to work or not. Some employers offer supplemental benefits, and you may be required to repay those if you decide to stay home with your baby permanently.
Can you travel while you’re receiving benefits?
Yes. If you plan to leave the country, you’re required to inform your local Service Canada Centre first, though.
Can you work while you’re receiving benefits?
Yes and no. To receive benefits your income must have decreased by at least 40%, so you can’t just keep on doing your job while you collect EI. Any income that you make while on maternity leave (other than approved supplemental benefits from your employer) will be deducted directly from your EI benefits. On parental leave, you can earn $75 / week or 40% of your weekly benefits, whichever is higher. If you receive the maximum weekly benefit, this means that you can make approximately $180 / week before your benefits are affected.
Is my job protected while I’m on maternity or parental leave?
Yes and no. You can’t be fired or penalized in other ways for going on leave. In some provinces, you are guaranteed your previous position if it still exists. In other provinces, you’re guaranteed a comparable position. And some, but not all, provinces guarantee that you receive the wage you would have received had you not gone on leave (including increases related to seniority). However, you can be laid off for reasons unrelated to your leave – if your company downsizes or closes, for instance.
Am I covered by my employer’s benefits package (health, dental, etc.) while I’m on leave?
It depends. In some provinces, your employer is required to continue paying its contributions to your benefits plan. You will still be required to pay your portion, and arrangements for how that happens will vary from employer to employer. In other provinces, employees must bear the entire cost of their benefits premiums while one leave. Employers may offer more generous conditions, though, and since this is so variable you should probably investigate your company’s policies directly.
Hi Amber,
I’m trying to figure out my mat leave dates and can’t seem to find an answer anywhere…
I am contemplating beginning my mat leave one week prior to my due date. I am contemplating using a week of vacation prior to that.
If I give birth during my vacation week, I understand that I have to begin my mat leave claim when the baby arrives whether it is during my vacation time or not.
My question is, what about the actual time off? If I am entitled to 52 weeks off (50 paid through EI) does my return date fall 52 weeks after my first day that was not vacation time or is it 52 weeks from the week of the baby’s birth date (when I submitted my claim)? I am trying to determine my return date essentially.
Thanks!
First, my standard disclaimer – I am only a mom on maternity leave. I am not an authority of any kind. Please run any info I give you by Service Canada. You can find their website here: http://www.servicecanada.gc.ca/eng/home.shtml. The phone number for EI questions is 1 800 206-7218.
OK, so your EI claim always starts at the beginning of the week – Sunday, I think. I am going to use myself as an example. My latest baby was born on a Wednesday, while I was using vacation time. My last day of work officially became Tuesday. My 2 week waiting period for EI started on Sunday. So, my last day of EI benefits will be a Saturday. Then I will be returning to work on Monday, 1 year and 4 days after my son was born. At least that’s my plan.
I’m going to make a quick point. Your return-to-work date is something for you to work out with your employer. You can receive EI for a maximum of 50 weeks as long as you’re not working. But the fact that you’re receiving benefits is sort of beside the point. Benefits don’t determine maternity leave, you and your employer do. The government only mandates the minimum they have to offer you. At least that’s how I understand it.
Thanks Amber.
I’m essentially trying to determine my return date without “losing” my time off in vacation time I want to preceed my mat leave time off. I am concerned that if I take my vacation time before my mat leave is set to begin and I deliver during my vacation time that I will be asked to come back to work not from the first day if my mat leave based on time off but based on the date my mat leave benefits are slated to begin (ie. date of early delivery). I’m not concerned with the benefits paid out but that because of filing date it will effect my return date if you know what I mean. My gut instinct is I tell my employer I am going on vacation from this date to this then following up with mat leave. Regardless if I deliver in vacation time or not it should not change my return date…it will only change the time period which my actual benefits from IE begin and end, no?
Let me see if I understand your dilemma. You’re worried that if you give birth in the middle of your vacation time (which is only 1 week, right?) that you will have to go back to work earlier. If that’s your concern, look at my example again. I gave birth in the middle of the week, when I was using vacation time. But my EI didn’t start until the next Sunday. So what happened was that I had 3 days before my EI benefits started, when nobody was paying me. I will still return to work on the date I originally planned.
Since we’re only talking about 1 week, as long as you make it to the start of that week your official EI leave will start on the same date (the Sunday after your last day at work). If you give birth really early, or if you’re taking several weeks, then you could see if you can tack your vacation time on to the end of your leave. I am also doing this. My ‘return to work’ date is in August, but I won’t actually go back to work until September. In the meantime I’m using vacation time.
If I am on sick benefits can I travel to another province to assist with family needs?
If i have three weeks of vacation to use between jan 1 and my due date (june 12th) do they calculate my EI by taking my income over the 26 weeks and dividing it by 23 (# of weeks worked?) or does vacation count as “working” weeks cause you get paid for them?
Amber hi,
I need your help on this,
Will I qualify for maternity leave if I have worked less then 52 weeks but more then 600 hours during the last year.
I am a landed immigrant and been working since my arrival to canada which happened to be May of 08. I am expected to deliver late March 09.
Thank you for your help
Does your 2 week waitting period begin on the date that you file your claim for maternity benefits? Last day my wife worked was Sept. 18, 2009. My wife filed a claim for maternity benefits on Sept. 20 2009. Service Canada says the claim start date is Sept. 27, 2009. She has now waitted 2 weeks from Sept. 27, 2009 to Oct. 10, 2009. This brings the total weeks to 3 from date of claim sumbitted online.
Is there a 5 day processing period that they don’t tell you about?
Quick question. You state that “one must start their mat leave no later than the week you give birth. If you’re using vacation time when you give birth, for example, you need to switch over to maternity leave once the baby comes.”
So if a baby is born on a Monday, while i am on vacation, could i state that my last day of work is Saturday of the same week? Since the EI claim start day will be the Sunday of the following week, regardless of whether i file it the same day my baby is born (Monday) or Saturday, i might as well maximize my paycheck…
My wife just delivered at 28 weeks. We expect our baby to be hospitalized until she is considered full term which will be another 2-3 months. My wife was told that she should be able to access sick benefits during this time as it seems unfair to lose 2-3 months of maternity leave when you’re child isn’t actually at home yet. She contacted her employer and they advised she simply has to start her Maternity leave now and that her only option is to return to work if she wishes to extend her maternity leave start date. I have looked around but can’t really find any hard rules regarding this. My wife did talk to a friend who did just that. Took several weeks of sick leave while her newborn was hospitalized before starting maternity leave.
When one is on EI sickness benefits and reports to work earlier than expected and informs EI verbally, must the internet reporting continue?
I went on maternity and fell on sever hard times so after 7 months of leave I went back to work. At the time I still had enough hours of EI for 24 weeks so I was collecting EI AND working. Im freaking out because it was a time of need and desperatiion as an act of what I did…what could happen to me. Surely I am not the only woman who has done this,
I am living in Calgary, Alberta. I will be on maternity EI from March 01, 2011 and I have decided to stay the whole period of my Maternity and parenteral leaves in Toronto, Ontario with my husband.
Can I do this? Will this affect my maternity EI?
Please let me know.
Thanks
sangidapathan@yahoo.ca
just wanted to ask a quick question, i had my first child in june and had to go for open abdominal surgery in september after i was taken to emergency. i had another attack of the same nature in october and was hospitalised for 4 days again. after that i got so upset i went back to my home country to meet my parents and forgot to inform anyone before i left. now i realize that i might affect me when i go back if i declare that i was out of country during my claim. my question is what happens if you are on parental leave and you leave the country without informing service canada. is there a panelty? i have checked service canada website it says you must inform before you leave. what might happen if you don’t inform.
thnx,
jia.