What Is Meant By “Regular Maternity Leave”?

Maternity leave is a crucial period for new mothers to recover from childbirth and adjust to their new role. It can be paid or unpaid, and it provides multiple benefits to employers and employees. The Family and Medical Leave Act (FMLA) is the most common law for women, protecting their job for up to 12 weeks after giving birth.

Maternity leave is made up of two parts: Ordinary Maternity Leave (OML), which lasts for the first 26 weeks of maternity leave, and Additional Maternity Leave (AML). Eligible employees can take up to 52 weeks’ maternity leave, with the first 26 weeks being known as “Ordinary Maternity Leave”, and the last 26 weeks as “Additional Maternity Leave”.

In Canada, maternity leave is available for a maximum of 15 weeks, only offered to biological (and surrogate) mothers. Employment Insurance maternity and parental benefits provide financial assistance to unemployed workers, including maternity benefits and parental benefits.

There are three types of maternity leave: Ordinary Maternity Leave (OML), which refers to the first 26 weeks of maternity leave, and Additional Maternity Leave (AML). An employee is entitled to 39 weeks’ pay, with the first six weeks paid at 90 of the employee’s average weekly earnings (AWE).

In summary, maternity leave is a crucial time for new mothers to recover from childbirth, adjust to their new role, and receive financial assistance from employment insurance. If an employer does not offer maternity pay, employees may have other options to consider, such as taking additional maternity leave or seeking temporary disability insurance.

Can I get EI if I get fired after maternity leave?

The system for Employment Independence (EI) benefits requires workers to work specific hours to qualify for benefits, causing an equity issue for new mothers who lose their jobs and need to work the necessary hours for full parental leave entitlements. In 2022, then-employment minister Carla Qualtrough emphasized the need to make the system less clunky to eliminate inequities. The problem is with the system’s structure, with maternity leave being part of EI, causing a worker to use up their EI allocation when away on maternity leave, unlike a worker who is laid off generally.

What is the meaning of ordinary maternity leave?

In accordance with the pertinent legislation, eligible employees are entitled to a maximum of 52 weeks of Statutory Maternity Leave. This comprises 26 weeks of Ordinary Maternity Leave and a further 26 weeks of Additional Maternity Leave. The earliest period of leave may be taken 11 weeks prior to the expected date of childbirth, unless the employee chooses to commence the leave earlier. It is a requirement for eligible employees to take leave at least two weeks after the birth of the child, or four weeks in the case of factory workers.

What is standard maternity leave 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.

What is the difference between maternity pay and maternity leave?

Statutory Maternity Pay (SMP) is a paid leave benefit for up to 39 weeks, starting when a pregnant woman takes maternity leave or is off with a pregnancy-related illness four weeks before her baby is due. This benefit is available to most employees, freelancers, agency workers, casual, and zero-hours workers. Understanding the terms and conditions of SMP can help plan your leave and decide when to return to work. It is important to know the amount and conditions to ensure a smooth transition.

How much maternity pay will I get?

Statutory Maternity Pay (SMP) is a paid leave program for pregnant women, covering a maximum of 39 weeks. The first six weeks are paid at 90% of the woman’s average gross weekly earnings, with no upper limit. The employer calculates the woman’s earnings over a set period to determine if she qualifies for SMP and determines the amount to be paid. The remaining 33 weeks are paid at either the standard rate of £184. 03 or 90% of the woman’s average gross weekly earnings. The program is designed to help mothers and fathers balance their responsibilities and financial stability.

How much can I earn while on EI maternity leave?

If you work while receiving regular benefits and have served your waiting period, you can keep 50 cents of your Employment Insurance (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 90, you will be deducted dollar for dollar from your benefits. When working and receiving benefits simultaneously, you must report your work earnings and hours for each week.

Can I get maternity leave if I quit my job in Canada?

Voluntary quitting without just cause does not result in regular benefits. To receive these benefits, you must work the minimum number of insurable hours required. However, you may still receive maternity, parental, sickness, and compassionate care benefits if you qualify. “Voluntarily leaving” means the employee took the initiative, not the employer, to end employment. To be paid regular benefits, you must prove that quitting was the only reasonable alternative, considering all circumstances, and you took all necessary steps to avoid unemployment.

How many hours do you need for EI maternity leave?

To qualify for EI maternity and parental benefits, individuals must have accumulated at least 600 hours of insurable employment in their qualifying period. For self-employed fishers, they must have earned $3, 760 from fishing during the 31-week qualifying period before the start of their benefit period. For parents, they must have accumulated at least 600 hours of insurable employment in their qualifying period. For more information on EI benefits for self-employed fishers, consult EI fishing benefits.

What is the most common maternity leave?

Maternity leave duration varies depending on the benefits and the ability to afford unpaid time off from work. The average time off for working U. S. women after having a baby is 10 weeks. The Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid, protected time off, but only about 60% of U. S. employees qualify for FMLA benefits. Many families cannot afford to take three months without receiving a paycheck, leading to shorter maternity leaves.

A study reported that 23% of employed U. S. women return to work within ten days of having a baby. The length of maternity leave depends on the individual’s circumstances and the amount of time they can afford to take unpaid time off.

Is EI and maternity leave the same?

Employees can be eligible for maternity or parental benefits under the federal Employment Insurance (EI) program if they have been employed for at least 90 days with the same employer. Eligible employees can take time off work without pay, without risking losing their job. Employers must grant leave and return the same or equivalent job when returning to work. Employees on maternity or parental leave are considered continuously employed for years of service.

The length of maternity leave is 16 weeks, and the maximum length of parental leave is 62 weeks. Employers are not required to pay wages or benefits during leave unless stated in an employment contract or collective agreement.

Is maternity leave 12 or 18 months in Canada?

Employment Insurance provides parental benefits within a specific period, starting the week after a child’s birth or adoption date. The periods are Standard Parental (12 months) and Extended Parental (18 months). The parental leave allowance supplements the amount received from Employment Insurance (EI) during parental leave. Eligibility is for regular or part-time employees and auxiliary employees as per their collective agreement or terms and conditions of employment.