Maternity and Parental Leave – Baby Expenses I

by 4P and Mr. C on August 6, 2007

The post is part of the Baby Expenses Series. See the entire series here.

In Canada, new mothers are allowed by law to take 52 weeks off from their jobs. This time off is called maternity leave. During that period they are eligible for employment insurance (EI) benefits which are calculated as 55% of their normal earnings up to a maximum salary of $40,000. Some companies also offer a “top up” which usually involves paying the difference between what the mother gets from EI and some percentage of their normal salary. The top up amount and duration will vary from company to company – I’d be interested to hear what your company offers?

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New fathers are allowed to take up to 37 weeks off which is called parental leave however the EI benefits that are paid out have to be shared between the mother and father so they can’t both collect EI benefits at the same time. In my case my wife didn’t qualify for EI since she wasn’t working so I was able to collect EI benefits when I took my parental leave. The “top up” feature available to new mothers at some companies is also available to new fathers in some cases. At my company, most dads don’t get any EI since their wife gets all the EI benefits so their top up is calculated as though they were getting EI.

One misconception which I’ve heard from a number of my friends is that the time off has to be shared between the two parents and can’t total more than a year – this is not true, only the EI benefits have to be shared.

The EI benefits is calculated as 55% of the mother’s salary up to a salary of $40,000. The first two weeks of the maternity leave are unpaid so the EI benefits actually start on the the third week. My salary is more than $40k so I received the maximum benefit which is $413 per week. The actual payment after tax ($48) was $778 which I received every two weeks. In my case the withholding tax wasn’t enough but I think my company adjusted for it because I didn’t owe anything at tax time. You should keep in mind that you might end up owing some money at tax time because of this. You can get the withholding tax increased if desired.

The way to apply for EI is to go online at here. This contains all the steps you need. It also contains a link to the Quebec parental insurance plan which is different than for the other provinces. Basically you go online and fill out the required information and they will send you a pin number which will allow you to go here and see your online information. One of the items you will need from your employer is a form called “Record of Employment” which basically lists your financial employment for the past year. I went into my local Service Canada Centre when I got this form in order to complete my application. Applying for EI is not something you can do in advance, you have to wait until you have finished work before applying.

Something to keep in mind is that it will take about four to six weeks to get your first EI benefit deposited into your bank account, so don’t count on getting any money right away. Usually once you start getting them, you’ll get two or even three payments right away and then every two weeks after that.

When I was receiving EI benefits, I used the reporting feature of the online account to fill out my report every two weeks. This report basically says that you aren’t looking for work, are still not working etc. However in researching this post I realized that you can sign a declaration of exemption when applying which means you don’t have to fill out the reports every two weeks.

Tomorrow, I’ll be starting a series of posts where I take a look at the essential items that new parents should have.

Next Baby Expense post.

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{ 50 comments… read them below or add one }

1 R.G December 30, 2008 at 7:58 pm

Thanks Tatjana i will give them a call…..i guess since i have 750 working hours since august i should be able to get some mat leave..I have called HR about being descriminated against , I am just waiting for them to call me back to let me know what i need to do next…. lolz@mr. Cheap good advice thanks…..

2 Leah January 2, 2009 at 3:53 pm

Thanks for answering my previous question above.
I have decided to stay with the company where I am working now as a part-time teacher at a college. This job is always contract. I have worked for them for a year now and each session (every 13 weeks) I sign a new contract.
What are my rights in terms of getting my job back once I decide to go back to work?
A friend of mine is afraid that they may not take me back as I am on contract and she also mentioned I shouldn’t say I am pregnant to anyone as its not required by law, even though I am showing.

What are the laws re: getting your job back if you are only part-time/contract? And, should I tell?

Thanks

Leah (now in 2nd trimester, 4 months)

3 Four Pillars January 2, 2009 at 4:08 pm

Leah – as Mr. Cheap said – we’re just a couple of yahoos who like to mouth off on the internet. I know nothing about labour laws – this post was just to go over the basics of mat and pat leave.

I suspect if you are contract then the company might not be under any obligation to hire you back – but again – check with a labour lawyer if you want to be certain.

As for not telling them – I don’t really see the wisdom of that – they’re going to figure it out pretty soon (if they haven’t already).

4 tom March 26, 2009 at 11:34 pm

My wife is pregnant. We think we go home /in Europe / 4-5 months before birth. She is not eligible for maternity leave. Would I be eligible for parental leave if i quit my job 4 months before birth? I would still have enough hours worked in 52 weeks before birth and salary over 40 000 earned in same period.

5 WannaStayHomeMommy July 23, 2009 at 4:59 pm

Wow.. what a fun chat room! Ive been learning so much just with scrolling down and reading… my my question hasnt been answered. I have worked at my job as a Support Worker for 4 years. I am now on Maternity Leave ( 3 weeks in). Everything is fine and dandy, but my plans after my year off are to not return to work. I plan on starting my own home daycare. I’m being told that I have to return to my previous employment after my year is up, otherwise I have to pay back all my EI benefits Ive received in the past year. Can I just tell my boss after the year is finished that I want to quit? or do I have to go back for a “little bit” and then quit so I don’t have to pay back EI. I do not receive “Top Up” pay… just my regular 55% pay that Ive paid into.
And I do not have any medical benefits through them. Everything is through my husband. Thanks so much. Looking forward to the answer :)

6 Mike July 23, 2009 at 5:59 pm

Wanna Stay Home – I’ve never heard of having to pay back the EI. I would check with your employment office to get the official answer though.

7 English July 27, 2009 at 6:01 pm

Hi, My maternity benefits finishes in Aug but yet I have not been able to secure daycare (have been on subsidy list since oct 2008 in Durham region but they are still working on Feb 2008) for my baby. I am a single mother and do not have family here that can help as everybody works. Can I go from maternity to regular EI? I also looked into doing some training courses but was told that I wont qualify as I have a job to go back to. If I go to work and pay the full fee of daycare then I cannot pay my mortgage and the daycare fee is more then my mortgage do I have any othere options besides welfare?.
Thanks in Advance

8 KG August 28, 2009 at 5:04 pm

Hi i am expecting my baby in Nov End. but my one year will be completed on Dec 30th with the current employer. previously i was full time employee with another co. till Dec 2008, now i am part time there, works only one or 2 shifts in a month with them. but regular employee with this new job since Dec 2008. Am i still eligible for full benefits of maternity as there is no gap in my employement , not even my status, just employer is changed ( for full time job.). I am worried as i read on the website that one should be employed with the same employer for 1 year ( what that mean). i am working in Manitoba. Please give me advice if there is any problem in my case. let me know when should i apply for EI to get the maximum benefits.

9 Mike August 28, 2009 at 5:39 pm

Hi KG – I don’t think you have to work with only one employer. In Ontario you have to get a record of employment from each employer – I suspect you’ll have do something similar in Manitoba.
In Ontario you have to wait until you finish work to apply for EI.

I would suggest calling your local employment office to find out the details.

10 Lame Dame December 18, 2009 at 8:42 pm

Let’s say for hypothetical reasons i don’t feel like going back to work once my time is up, and i don’t want to Collect EI after my last weeks on parental leave.

I’m wondering what happens when i say I don’t want to come back.

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