As an employer in Ontario, it is important to understand the laws surrounding pregnancy and parental leave. These laws protect the rights of employees who are expecting or have recently given birth, and provide them with the time and support they need to care for their child. In this blog post, we will outline 10 key laws that employers in Ontario should be aware of when it comes to pregnancy and parental leave.
The Employment Standards Act (ESA)
The Employment Standards Act (ESA) is a provincial law that sets out the minimum standards for working conditions in Ontario. This includes the rights and entitlements of employees who are pregnant or on parental leave. Under the ESA, employees who have been with their employer for at least 13 weeks are entitled to pregnancy and parental leave.
For example, an employee who has been with their employer for at least 13 weeks and is pregnant is entitled to 17 weeks of unpaid pregnancy leave. This leave must begin at least 6 weeks before the employee’s due date, and can be taken in one continuous period or in two separate periods.
The Human Rights Code
The Human Rights Code is a provincial law that protects employees from discrimination based on various grounds, including pregnancy and sex. This means that employers cannot treat employees who are pregnant or on parental leave differently from other employees.
For example, an employer cannot refuse to hire a job applicant because they are pregnant, or terminate an employee’s employment because they are on parental leave. Employers also have a duty to accommodate the needs of employees who are pregnant or on parental leave, unless doing so would cause undue hardship.
The Family Medical Leave (FML)
The Family Medical Leave (FML) is a federal law that provides employees with the right to take unpaid leave for certain reasons, including the birth or adoption of a child. Under the FML, employees are entitled to 12 weeks of unpaid leave, which can be taken in one continuous period or in two separate periods.
For example, an employee who is expecting a child can take 12 weeks of unpaid leave under the FML, in addition to the 17 weeks of unpaid pregnancy leave they are entitled to under the ESA. This means that the employee would have a total of 29 weeks of unpaid leave to care for their child.
The Parental Leave and Parental Benefits (PLB)
The Parental Leave and Parental Benefits (PLB) is a federal program that provides employees with financial support during their pregnancy and parental leave. The PLB provides employees with a weekly benefit of up to 55% of their average insurable earnings, to a maximum of $595 per week.
For example, an employee who is expecting a child and has an average insurable weekly earnings of $1,000 per week would be entitled to a weekly benefit of $550 under the PLB. This would provide the employee with financial support during their pregnancy and parental leave, to help cover their living expenses.
The Employment Insurance (EI)
The Employment Insurance (EI) is a federal program that provides financial support to employees who are unable to work because of pregnancy or parental leave. Employees who are eligible for the EI program can receive a weekly benefit of up to 55% of their average insurable earnings, to a maximum of $595 per week.
For example, an employee who is expecting a child and has an average insurable weekly earnings of $1,000 per week would be eligible for a weekly benefit of $550 under the EI program. This would provide the employee with financial support during their pregnancy and parental leave, to help cover their living expenses.
The Job Protection During Pregnancy and Parental Leave
The Job Protection During Pregnancy and Parental Leave is a provincial law that protects the job security of employees who are pregnant or on parental leave. Under this law, employers must hold an employee’s job open for them while they are on pregnancy or parental leave, and must reinstate the employee to their previous position or a comparable position when they return from leave.
For example, an employee who is expecting a child and takes pregnancy leave must be allowed to return to their previous position or a comparable position when their leave ends. The employer cannot fill the employee’s position permanently or terminate their employment while they are on leave.
The Return to Work After Pregnancy and Parental Leave
The Return to Work After Pregnancy and Parental Leave is a provincial law that requires employers to allow employees who are returning from pregnancy or parental leave to return to work gradually, if requested. Under this law, employees can request to work reduced hours or on a part-time basis for a certain period of time after returning from leave, to help them adjust to their new role as a parent.
For example, an employee who has recently given birth and is returning to work can request to work reduced hours or on a part-time basis for a certain period of time after their leave ends. The employer must consider the employee’s request and provide them with a flexible work arrangement, unless doing so would cause undue hardship.
The Breastfeeding in the Workplace
The Breastfeeding in the Workplace is a provincial law that requires employers to provide employees who are breastfeeding with the time and space they need to express milk at work. Under this law, employers must allow employees to take breaks to express milk, and must provide them with a private and secure space to do so.
For example, an employee who is breastfeeding and needs to express milk at work must be allowed to take breaks to do so, and must be provided with a private and secure space to express milk. The employer cannot discriminate against the employee because they are breastfeeding, or refuse to provide them with the time and space they need to express milk.
The Leave for Crime-Related Child Death or Disappearance
The Leave for Crime-Related Child Death or Disappearance is a provincial law that provides employees with the right to take unpaid leave if their child dies or disappears as a result of a crime. Under this law, employees are entitled to up to 104 weeks of unpaid leave if their child dies or disappears as a result of a crime.
For example, an employee whose child has died or disappeared as a result of a crime is entitled to up to 104 weeks of unpaid leave. This leave can be taken in one continuous period or in two separate periods, and must begin within 52 weeks of the child’s death or disappearance.
The Leave for Critically Ill Child Care
The Leave for Critically Ill Child Care is a federal law that provides employees with the right to take unpaid leave to provide care or support to a critically ill child. Under this law, employees are entitled to up to 37 weeks of unpaid leave if their child is critically ill and requires care or support.
For example, an employee whose child has been diagnosed with a critical illness and requires care or support is entitled to up to 37 weeks of unpaid leave. This leave can be taken in one continuous period or in two separate periods, and must begin within 52 weeks of the child’s diagnosis.
As an employer in Ontario, it is important to understand the laws surrounding pregnancy and parental leave. These laws protect the rights of employees who are expecting or have recently given birth, and provide them with the time and support they need to care for their child. It is also important to consult with legal counsel if you have any questions or concerns about your obligations as an employer in Ontario.
By providing employees with the time and support they need during pregnancy and parental leave, employers can help to create a positive and inclusive work environment for all employees. This can lead to improved morale, productivity, and retention of valuable employees, ultimately benefiting the employer as well.
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