Is Ontario’S Maternity Leave Taxable?

Maternity benefits are exclusively available to individuals who are pregnant or have recently given birth, and cannot be shared between parents. In Ontario, maternity leave and parental leave are considered taxable income under the Employment Insurance (EI) program. The ESA Maternity Leave law applies to all employees in Ontario, except for rare employees regulated by the federal government.

Parental and pregnancy leave under the ESA are distinct from an employee’s EI entitlements. EI benefits are taxable, meaning that federal and provincial or territorial taxes will be deducted from your benefits. If you are not taxing enough on your income at source, you will owe it at tax time.

Both maternity and parental benefits are considered earnings and are taxable. To file a tax return, you must file a tax return for both types of benefits. EI is taxed at the lowest federal tax rate, which is around 15 because that’s the tax applicable to the maximum annual amount EI would pay out. EI benefits are subject to taxation, while parental and other “special” benefits are exempt from repayment.

A maternity benefit is a payment to an employed or self-employed person who is on maternity leave from work and meets the relevant PRSI contribution.


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How much is EI deduction in Ontario?

Employees are required to participate in the Employee Retirement Income (EI) program, with 1. 63 of their gross income withheld. As of 2023, the maximum insurable earnings are $61, 500, resulting in a maximum EI contribution of $1, 002. Employers contribute an additional 1. 4 times the employee’s contribution. Self-employed individuals can opt-in to the EI program, but they do not have to pay the employer’s portion. The maximum EI contribution for self-employed individuals is $1, 002 for 2023. Tax credits for CPP and EI are not provided.

Who pays for maternity leave in Ontario?
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Who pays for maternity leave in Ontario?

Maternity leave in Ontario is not paid by employers, but employees can apply for and receive benefits through the federal Employment Insurance system. This is an essential benefit for new parents, allowing them to care for and bond with their newborns without worrying about job loss or income loss. Employers must understand the requirements and obligations related to maternity leave to provide necessary support during this critical time.

Qualified HR experts can help create a maternity leave policy and ensure that the company follows the maternity leave requirements outlined in the Ontario Employment Standards Act. This comprehensive guide to maternity leave in Ontario covers eligibility requirements, duration, benefits, and more.

Is maternity leave pay taxed Ontario?

Employment Insurance (EI) benefits, including maternity and parental benefits, are considered taxable income, requiring taxation on the amount received. Taxes are deducted from EI payments before they are received, and the amount in the bank account is after deductions. EI benefits are included in the total income for the year when filing an annual income tax return. Applying for EI maternity and parental benefits involves a few simple steps.

Do you have to pay back maternity pay?

When considering maternity pay, it’s important to check if you need to pay back any maternity pay. If you receive contractual maternity pay, you may only keep your full amount if you return to work. Statutory maternity pay or Maternity Allowance won’t be required even if you don’t return to work. Check your contract or employee handbook to determine the required time to keep your full contractual maternity pay. Additionally, you can take holiday to reduce the time you need to work, as many holiday days may have built up during maternity leave.

Do you have to return to work after maternity leave in Canada?

It is customary for employers to reinstate employees who have taken maternity or parental leave in their original position or to offer them a comparable role in the same location with the same remuneration and benefits.

How to make money while on maternity leave?
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How to make money while on maternity leave?

Maternity leave presents an opportunity to leverage existing skills and explore various opportunities. Freelancing in areas like writing, graphic design, or digital marketing can be a flexible way to work from home. As a mother, you can build a trusted connection with children and their parents, making you an ideal candidate for pediatric sleep consultants. CPSM offers information, community, and training for these opportunities. Additionally, selling handmade or personalized items can be an enjoyable way to generate income while also doing something you love.

Offering unique creations like handmade crafts, jewelry, or personalized gifts can attract buyers seeking something special. Explore these opportunities and find the best fit for your unique skills and interests.

Is maternity leave fully paid in Canada?

Canada’s maternity leave policy permits new mothers to take up to 15 weeks of leave, with remuneration of up to $668 CAD per week. Both mothers and fathers are entitled to parental leave, with a five-week period reserved for the father following childbirth or adoption. The standard parental leave period is to be taken within 52 weeks of the birth or adoption of a child. Both policies are subsumed under the rubric of parental leave.

Do you earn vacation while on maternity leave in Ontario?
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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.

Do you have to declare maternity leave?

In order to qualify for remuneration during maternity leave, an employee is obliged to notify their employer of their pregnancy no later than the 15th week prior to the expected date of childbirth. This entails disclosing pertinent information regarding the pregnancy, including the estimated date of delivery and the intended commencement of maternity leave. It is advisable to transmit this information via email or letter, as your employer may require written documentation.

Is EI taxable in Canada?

Employment insurance (EI) and income tax are two important aspects of payroll tax. EI premiums are deducted from an employee’s pay and the employer must pay the employer’s share to the CRA. If an employee is not insurable under the Employment Insurance Act, taxable cash benefits are not insurable and EI premiums should not be withheld. Income tax is also deducted from the employee’s total pay during the pay period.

Can you earn money while on maternity leave?
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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.


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Is Ontario'S Maternity Leave Taxable?
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Rae Fairbanks Mosher

I’m a mother, teacher, and writer who has found immense joy in the journey of motherhood. Through my blog, I share my experiences, lessons, and reflections on balancing life as a parent and a professional. My passion for teaching extends beyond the classroom as I write about the challenges and blessings of raising children. Join me as I explore the beautiful chaos of motherhood and share insights that inspire and uplift.

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