A law called the Act respecting labour standards lets you take a leave for the arrival of a child. This article explains the different types of leave, their length, how to notify your employer, payments you are entitled to receive during your leave, and your rights when you return to work.
What are my rights and my employer’s rights during my pregnancy, while I’m still at work?
You can be absent from work without pay as often as necessary for medical examinations related to the pregnancy. You must advise your employer as soon as possible.
If your job puts you or your unborn child in physical danger, your employer must assign other duties to you that are not dangerous. This will not decrease the length of your maternity leave.
Beginning six weeks before your expected delivery date, your employer can ask you to provide a written medical certificate confirming that you are able to work. If you do not provide this certificate within eight days, your employer can require you to take your maternity leave immediately by giving you a written notice.
What is the difference between a maternity or paternity leave and a parental leave?
Maternity leave is for anyone who gives birth to a child, including surrogates who are part of a parental project involving surrogacy. You can take it while you are pregnant and after the baby is born. You can take a parental leave after your maternity leave.
Paternity leave is for any parent who doesn’t give birth to the child. It can be the biological parent, the adoptive parent or the parent who is part of a parental project. You take it after the baby is born or adopted. You can take a parental leave after your paternity leave.
Parental leave is for all parents. This time is dedicated to settling the new child into the family. Both parents can take a parental leave, at the same time or at different times, even if they have the same employer.
Another type of leave is available for family and personal reasons. It is separate from the three types of leave explained above.
Who can take a leave?
Employees, construction workers and senior managers specifically mentioned in the Act respecting labour standards can take maternity leave, paternity leave or parental leave. They are allowed to take leave even if they work part time or occasionally.
This article does not apply to employees of the federal government or federal organizations, such as bank employees. To learn more about maternity leave or parental leave in this case, please refer to the Canada Labour Code.
Self-employed workers make their own arrangements to take leave.
Unpaid trainees can’t take a maternity leave, a paternity leave or a parental leave. Some paid trainees can’t take these leaves either. But if you fall under one of these categories, you can still take time off due to pregnancy, or once your child is born or adopted. Your employer must also accommodate you if you need to take time off for one of these reasons. You can contact the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST or labour standards, pay equity and workplace health and safety board) to find out more.
When can I take my leave, and for how long?
Your maternity leave can begin at the earliest 16 weeks before your expected delivery date, and it must end at the latest 20 weeks after the child is born. The maximum length of a maternity leave is 18 weeks, and it can start either before or after your child is born—that’s up to you.
Your paternity leave can begin the week your child is born or adopted, and it must end at the latest 78 weeks later. It’s up to you when to take your paternity leave during this time. The maximum length of a paternity leave is five continuous weeks.
Your parental leave can begin the week the child is born or adopted and must usually end at the latest 85 weeks later.. The maximum length of a parental leave is 65 continuous weeks.
It’s important to note that parental leave can be added to maternity or paternity leave, depending on your situation. This means that you don’t have to choose between the two. However, it’ll be important to follow the maximum periods set out in the law.
Usually, these leaves are taken on a continuous basis, that is, without interruption, unless you make different arrangements with your employer. There are some exceptions where you can divide your leave without making arrangements with your employer. Finally, you don’t have to take all of the days you are allowed to if you don’t want to.
High-Risk Pregnancy
If there is a risk of miscarriage or a danger to your health or to the child’s health and you have to stop working, you can take a special maternity leave. Your doctor must also issue a medical certificate describing the danger and the expected date of delivery, instead of the usual notice. Your 18-week maternity leave would then begin four weeks before your expected delivery date.
I had a miscarriage or abortion. Am I allowed to a maternity leave?
Miscarriage or Abortion
If you had a miscarriage or abortion, you can take a special maternity leave. You can refer to our article for more details on this topic.
Hospitalization or Illness
If you or your child is hospitalized, you can divide your leave into weeks instead of taking it all at once. You can also temporarily suspend your leave and return to work while your child is hospitalized.
If there’s a problem with your child’s health, you can extend your leave by producing a medical certificate. This applies to maternity leave, paternity leave and parental leave.
If you’re on maternity leave, and there’s a problem with your health, you can extend your leave by producing a medical certificate.
Three weeks before the leave: notify your employer
How do I advise my employer that I want to take a leave?
You have to advise your employer in writing at least three weeks before you stop working. The notice period can be less than three weeks for medical reasons. The notice must include
- the date your leave will begin, and
- the date you expect to return to work.
Pregnant women who want to take a maternity leave must also provide
- a medical certificate or midwife’s report confirming the pregnancy, and
- your expected delivery date.
For a maternity leave, paternity leave or parental leave, if you decide to return to work before the date indicated in the notice, you must send your employer another notice three weeks before your return to work.
During your leave: Benefits
Will I be paid during my leave?
Maternity leave, paternity leave and parental leave are all without pay. This means the law does not require your employer to pay you. However, you can receive payments from the Quebec Parental Insurance Plan (QPIP) if you apply.
Each parent or surrogate must file his or her own application for benefits. You can contact the Quebec Parental Insurance Plan for assistance or apply for benefits online.
Conditions for Receiving Parental Benefits
You are allowed to receive benefits if
- you live in Quebec,
- your salary decreased by at least 40%,
- you contributed to the Quebec Parental Insurance Plan (QPIP) and had an income of at least $2,000 in the last year,
- a child is born or you adopt a child.
Therefore, every worker, whether salaried or self-employed, can qualify to receive benefits during her leave if she meets the above conditions.
To learn more, visit the website of the Québec Parental Insurance Plan.
Should I choose the basic plan or the special plan?
The basic plan gives you a longer leave, while the special plan pays higher benefits. It’s up to you to choose which plan is best for you.
The Québec Parental Insurance Plan’s website has tables of benefits that allow you to compare both plans. It also has a benefit calculation simulator.
Once you choose a plan, you can’t change your mind. Both parents must make the decision together. Also, if you take a parental leave after your maternity or paternity leave, the parental leave will be covered by the same type of plan you chose for your first leave.
Maternity and paternity benefits are exclusive to each parent. These benefits
can’t be transferred to the other parent.
However, parental benefits can be shared. They are divided between both parents. It’s important to note that parents could gain access to additional weeks of parental benefits depending on how they choose to divide them up.
Here’s an example. The father takes his five weeks of paternity benefits and the mother takes her 18 weeks of maternity benefits. The parents are entitled to 32 more weeks of shareable parental benefits. The mother could take 25
of these weeks and the father could take 7. However, if the mother takes 22 weeks and the father takes 10, they will get access to 4 more weeks of shareable benefits. So, they will have access to 36 weeks of shareable parental benefits in total.
You can choose when to receive your benefits. This means you can interrupt payment and continue to receive your benefits later. But you must respect the period during which you are allowed to receive QPIP payments.
You are allowed to go back to work part-time or off and on during your parental leave if your employer agrees. However, a certain amount can then be subtracted from your benefits. If you decide to work during your maternity leave, the income you earn at work can be completely deducted from your benefits.
What if I come from a low-income family?
If your income is below a certain amount, you can apply to receive higher benefits. Visit the website of the Québec Parental Insurance Plan to know if you’re admissible.
After the leave: return to work
What are my rights and my employer’s rights when I go back to work?
When you go back to work, you are allowed to return to your regular job and receive the same salary and benefits as if you had never stopped working. If your position is eliminated, you have the same rights and privileges as if you had been at work until your position was abolished.
Maternity leave and paternity leave do not decrease an employee’s vacation days. However, an employee on parental leave does not accumulate vacation and is not allowed to receive any additional advantages.
If you gave birth less than two weeks before you return to work, the employer can ask you for a medical certificate confirming that you are able to work.
Make sure you remember the date you indicated in the notice to your employer that you would be returning to work. If you return after this date, your employer is allowed to assume you have resigned.