Maternity leave refers to the interruption or reduction in work benefits enjoyed by a parent in the role of mother with the arrival of a newborn child.
Who Is Eligible for Maternity Leave?
In Canada, only workers who are absent from work because they are pregnant or have given birth are entitled to maternity leave.
In Quebec, all workers who give birth to a child and have contributed to the Quebec Parental Insurance Plan (QPIP) are entitled to maternity leave.
How Long Does Maternity Leave Last?
In Canada, the maximum duration of maternity leave is 17 weeks.
In Quebec, the maximum duration of maternity leave is 18 weeks.
How Much Notice Do Employees Have to Give Before Maternity Leave?
In Canada, employees must notify their employer 4 weeks before leaving work.
In Quebec, employees must notify their employer at least 3 weeks before leaving work. This period may be shorter for medical reasons. The employee must provide the necessary documents, such as a written notice and a medical certificate if required.
When Must an Employee Return to Work After Maternity Leave?
In Canada, employees must return to work on the date they have communicated with their employer.
In Quebec, employees must return to work on the date indicated in their leave notice. If they return after this date, their employer may assume that they have resigned.
Can an Employer Refuse a Maternity Leave?
Employers do not have the right to refuse maternity leave to an employee who meets the eligibility criteria.
What Is the Difference Between Maternity Leave and Paternity Leave?
Maternity leave is typically granted to the person giving birth to the child. Paternity leave is typically granted to the child’s father or partner of the mother.
