Does Ontario’S Maternity Leave Accrue Vacation Time?

In Ontario, employees are entitled to vacation time during periods of active and protected leave, such as pregnancy or parental leave. Employees can defer accrued vacation time from before the maternity leave occurred until the exact date of the leave, whichever comes later. In Ontario, employees do accrue vacation time over pregnancy leave, but their length of service continues to accrue while on these leaves.

An employee’s vacation entitlement is affected by the employer’s vacation policy or practice, which should mirror the minimum standards in Ontario. However, employees do not accrue vacation pay on parental leave. The Employment Standards Act provides for pregnancy leave for up to 17 weeks without pay, and to qualify, employees must have been working for their employer.

In Ontario, employees continue to accrue vacation time when they are on a protected leave of absence, just as they continue to accrue service credits and seniority during the leave. Employees do not accrue vacation pay on vacation days while on mat leave, but it is counted in determining their vacation when they return to work.

When an employee’s total length of employment (including the time spent on pregnancy leave) exceeds 5 years, they would qualify for 3 weeks of vacation pay. When they return, they are entitled to vacation time as though they had not gone on leave, but their vacation pay will only be whatever they had paid for.

In summary, employees in Ontario are entitled to vacation time while on maternity leave, including unpaid time off work. Pregnant employees have the right to take pregnancy leave of up to 17 weeks of unpaid time off work, and employees with less than five years of employment are entitled to two weeks of vacation time after each 12-month vacation entitlement year.

Do I accrue holiday pay while on maternity leave?

During maternity leave, workers, including agency, casual, and zero hours workers, are entitled to a minimum of 28 days’ paid holiday per year, equivalent to 5. 6 weeks of paid holiday per year, including paid Bank Holidays. This is a health and safety measure. However, only employees will continue to accrue paid holiday. To qualify for maternity leave, you must be an employee with the right to return to the same job at the end of the leave and retain contractual rights during that period.

For agency workers, refer to the information sheet on Maternity and Parental Rights for Agency Workers. For zero-hours contracts, refer to the information sheet on Maternity and Parental Rights for Zero-hours Contracts.

Do you accrue vacation while on short-term disability in Ontario?

During the period of short-term disability (STD), the accrual of vacation time will continue at the regular rate. However, upon the initiation of long-term disability (LTD), this accrual will cease.

Do I accrue vacation while on maternity leave in Ontario?

Employees can accumulate vacation time while on job-protected leave, such as pregnancy or parental leave, as long as they continue to accrue service credits and seniority. However, employers are not legally required to allow employees to continue to accrue vacation pay. At the end of a protected leave, an employee will have accrued vacation time off, but not paid vacation time (unless the employer provides a better right than the statutory minimum requirements).

Under Ontario’s Employment Standards Act, 2000, employees accumulate vacation time separately from vacation pay. Employees are entitled to accrue “vacation time” while on leave, but not “vacation pay”. Some organizations may provide employees with the right to accrue paid time off while on leave, but there is no legal requirement for employers to do so. The only requirement is to allow the accrual of vacation time off, which is separate and distinct from paid vacation.

Can you earn money while on maternity leave?

Legally, you can earn income through self-employment while receiving Statutory Maternity Pay from an employer, but you must check if your workplace employment contract permits this. Sophie Baldwin, a 32-year-old freelance social media manager and digital marketing consultant, continued to work while on maternity leave, feeding her newborn, changing nappies, and entertaining a crying baby on calls.

Does annual leave accrue while on maternity?

Employees on unpaid parental leave do not typically accrue paid leave, but it does accumulate during keeping in touch days and annual leave periods. Under the FW Act, employees can access up to 10 keeping in touch days during their unpaid leave period. However, these days cannot occur within 14 days of the child’s birth or placement, or within 42 days of the child’s birth or placement, unless the employee suggests the day. Effective communication and planning can help manage employees on leave and foster a sense of attachment to the workplace, career, and colleagues.

Do you accrue leave while on leave?

An employee’s entitlement to annual leave accrues on a continuous basis, based on the number of ordinary hours worked. This includes any paid leave taken, such as paid annual leave, paid sick or carer’s leave, and long service leave.

What happens to unused vacation time in Ontario?

The Employment Standards Act (ESA) in Ontario mandates that vacation pay must be taken within 10 months of the vacation entitlement year. However, employers can establish their own vacation policy and outline it in the employee’s contract. Unused vacation time must be paid out. When employment ends, an employee is entitled to unpaid vacation pay, which should be included in their pay in lieu of notice of termination.

Unpaid vacation pay must be paid within 7 days of the employment ending or on the employee’s next usual payday, whichever is later. Employers can decide their own vacation policy regarding unused vacation.

What happens if you get pregnant on maternity leave?

Employees who become pregnant during maternity leave are entitled to an additional 52 weeks of leave. However, they cannot start their next leave until the 11th week before their baby is due. If their first leave ends before this, they must return to work until the 11th week, consider taking another type of leave (such as holiday leave), or employ someone else to do the work (‘maternity cover’) while the employee is on maternity leave. The employer must decide if this is possible and provide the correct notice.

Do you earn vacation while on maternity leave in Ontario?

Employees can accumulate vacation time while on job-protected leave, such as pregnancy or parental leave, as long as they continue to accrue service credits and seniority. However, employers are not legally required to allow employees to continue to accrue vacation pay. At the end of a protected leave, an employee will have accrued vacation time off, but not paid vacation time (unless the employer provides a better right than the statutory minimum requirements).

Under Ontario’s Employment Standards Act, 2000, employees accumulate vacation time separately from vacation pay. Employees are entitled to accrue “vacation time” while on leave, but not “vacation pay”. Some organizations may provide employees with the right to accrue paid time off while on leave, but there is no legal requirement for employers to do so. The only requirement is to allow the accrual of vacation time off, which is separate and distinct from paid vacation.

How does maternity leave work in Ontario?

Ontario employees can take a maximum of 17 weeks of maternity leave, with the option to take shorter or longer leave if still pregnant. However, they must take their leave all at once and return to work early, even part-time, under the Ontario Employment Standards Act. If a pregnancy ends in a miscarriage or stillbirth within the 17-week period before the due date, employees are still eligible for the rest of their maternity leave.

Employers are not required to pay wages to employees on maternity or parental leave, but they can apply for and receive maternity and parental leave benefits through the federal Employment Insurance system.

Can you make money while on maternity leave Ontario?

Working while receiving maternity or parental benefits and serving your waiting period allows you to keep 50 cents of your EI benefits for every dollar earned, up to 90 of the weekly insurable earnings used to calculate your EI benefit amount. If you earn more than this threshold, you will be deducted dollar for dollar from your benefits. When working and receiving benefits simultaneously, you must not combine hours and earnings for more than one week and report your work earnings and hours for the week worked.