Employment Insurance Benefits for Pregnancy and Parental Leave
Introduction
The Employment Standards Act (ESA) and the Employment Insurance Act (EI) set out statutory provisions for pregnancy and parental leaves. The following chart shows the basic provisions:
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LEAVE OF ABSENCE ENTITLEMENT |
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Pregnancy
- Up to 17 weeks.
- May begin no earlier than 17 weeks before date of delivery.
- Must provide employer with 2 weeks written notice of date the leave is to begin.
- Must provide a certificate from a legally qualified practitioner stating expected birth date.
- May access up to 6 weeks of sick leave after the birth of the baby for post partum recovery.
Parental
- Up to 35 weeks for natural or adoptive mother or father.
- Natural mother’s leave must follow pregnancy leave.
- Other parents must begin leave no later than 52 weeks after the child is born or comes into the parent’s care.
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ENTITLEMENT TO E.I. BENEFITS |
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Pregnancy
- 2 week waiting period. Most District School Boards pay Supplementary Employment Benefits (SEB) for this period.
- 15 weeks of EI benefits paid (55% of earnings to a maximum of $413.00 per week before taxes).
- No benefits earlier than 8 weeks before birth or later than 17 weeks after the birth.
Parental
- 35 weeks of EI benefits paid for natural or adoptive mother or father or shared.
- No benefits later than 52 weeks after birth or after the child comes into the parent’s care.
- No second waiting period if leave is shared between two parents.
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EI Benefits Prior to Birth of Baby
EI allows teachers to access sick benefits up to a maximum of 15 weeks prior to the birth of a baby if they have exhausted sick leave credits with the employer. Thus, a member, with appropriate medical documentation could be eligible for up to a maximum of 65 weeks EI benefits (15 weeks sick benefits, 15 weeks maternity benefits and 35 weeks parental benefits) plus the two-week waiting period.
EI Benefits for Compassionate Leave
EI also provides members with the right to access EI benefits for compassionate care. This benefit gives members greater flexibility to access up to eight weeks leave to provide care and support to a child, parent, spouse, or common-law partner who is gravely ill and has a “significant risk of death within six months.” To qualify for this EI benefit, members are required to serve a two-week waiting period, prior to receiving up to six weeks of benefits. During this waiting period, members do not receive EI benefits.
What are the eligibility requirements?
- 600 hours of insurable earnings.
- A medical certificate that the ill family member has a significant risk of death within 6 months and that he/she needs one or more family members to provide emotional support, arrange health care, or directly provide health care.
Who are benefits payable to?
- Benefits can be payable to members who live in but are caring for a member outside of Canada
- Benefits can be shared by two or more family members who meet the requirements.
Related Resource: 
A Member's Guide to Employment Insurance.
Members are advised to consult Professional Relations staff in Protective Services at 416-962-3836 or 1-888-838-3836 for additional information.