Ri B asked in Pregnancy & ParentingPregnancy · 1 decade ago

Pregnancy leave?

I am in Ontario. I was looking at the EI website and it has this, but I want to get something straightened out about it. I was hired January 7th. I am pregnant and due June 18th. Because I was hired approximately 5 1/2 months before my due date, can I start pregnancy leave anytime? Or would I have to be at this job until April to be able to start it?

Can an employee who just started a new job take pregnancy leave?

To be eligible for pregnancy leave, an employee has to be hired at least 13 weeks before the date the baby is due, or expected to be born--not the date the baby is actually born.

An employee doesn't have to actively work for 13 weeks to be eligible for pregnancy leave. The employee could be on layoff, vacation, sick leave or have started pregnancy leave in the 13-week period before the due date, and still be entitled to her pregnancy leave.

4 Answers

  • Cariad
    Lv 5
    1 decade ago
    Favorite Answer

    I think there are two different things you are looking at here.

    One is an Employment Insurance standpoint, one is labour law.

    For Employment Insurance, you must have 600 insurable hours in the last 52 weeks to be eligible for Maternity/Parental/Sick leave. That can be at one job or a few jobs, as long as EI can use the hours. (eg if you quit a job or were fired, they may not be able to use those hours) For that part it does not matter how long you have been at one job, they just look at hours accumulated for EI

    It is the Employment Standards Act that I believe you are confusing with the Employment Insurance Act.

    The Employment Standards Act states "Pregnancy Leave

    Pregnancy Leave is up to 17 weeks of job-protected, unpaid time off work. If you are pregnant, you are entitled to take pregnancy leave whether you are a full-time, part-time, permanent or contract employee. You must have been hired at least 13 weeks before your baby's expected birth date ("due date")."

    So, with the dates you you were hired you can take parental and maternity leave up to 52 weeks. You do have to to give your employer 2 weeks notice of this intent though. It is generally to your benefit to start this leave after you give birth or just shortly before...so you have more time after the baby's birth to recover from childbirth and spend time with your child. The ESA does not specify you can take 15 weeks paid sick EI leave though. (sometimes taken by pregnant women in conjunction with maternity/parental EI before the child is born)

    If you start your leave now, that is going to cut into your time after baby is born the way all that reads. You "can" start it now, but unless you are having pregnancy problems that do not physically allow you to work, I would wait. (and if you do, talk to Service Canada about quitting your job for illness reasons for pregnancy BEFORE you quit, and talk to your employer to see if he will allow a leave that you can use EI sickness to cover or not)

    Keep in mind EI is only up to 55% of your normal earnings too. (to a max. of $423/week)

  • 1 decade ago

    you can request to start the pregnancy leave at any time. But be nice to your boss about and dont just try to get extra time out of it, pregnancy leave is ussually not fully paid, so ask if you take less time off if you can hve full pay. you ussually end up making more money for the itme you do work

  • 4 years ago

    i could advise which you verify along with your states FMLA (relatives scientific leave Act) rules, oftentimes the hard paintings branch can answer those questions. The Federal FMLA places out some common policies & then each state makes their own greater particular regulations. Then on appropriate of that each organisation gets to further define how they are going to honor FMLA. that's oftentimes defined interior the worker training manual / instruction manual or employment settlement. So get the information. If something your husband can draft a written settlement or settlement that the two him & his organisation can comply with and get it signed & notarized with a view to evade any reneging on the portion of the organisation.

  • 1 decade ago

    You have to ask your employer.

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