Maternity Leave in British Columbia: What You Need to Know
Maternity leave in British Columbia provides eligible employees with unpaid time off work to care for their newborn or newly adopted child. It consists of up to 17 weeks of maternity leave for the birth mother and up to 62 weeks of parental leave that can be shared between parents, with Employment Insurance (EI) benefits available during this period.
Who is Eligible for Maternity Leave in BC?
To qualify for maternity leave in British Columbia, you must meet certain requirements. These include:
- Being employed for at least 13 weeks with the same employer.
- Being the birth mother or the parent of a newly adopted child.
It’s important to note that you do not need to be eligible for or receiving Employment Insurance (EI) benefits to qualify for unpaid maternity or parental leave under the Employment Standards Act. However, you do need to meet EI eligibility criteria to receive financial assistance during your leave.
Duration of Maternity and Parental Leave
As mentioned, birth mothers are entitled to up to 17 weeks of maternity leave. This leave generally starts before the expected due date. Following maternity leave, parents (including birth mothers and adoptive parents) are eligible for up to 62 weeks of parental leave. Parental leave can be taken by one parent or shared between both parents.
Employment Insurance (EI) Benefits
While maternity and parental leave is unpaid by the employer, you can apply for Employment Insurance (EI) benefits from the federal government. These benefits provide temporary financial assistance while you are off work caring for your child. To be eligible for EI, you typically need to have accumulated at least 600 insured hours of work in the 52 weeks before your claim.
The current EI maternity benefits are 55% of your average insurable weekly earnings, up to a maximum amount. Parental benefits are also 55% of your average insurable weekly earnings, but can be claimed over a standard period (up to 40 weeks, shared) or an extended period (up to 69 weeks, shared, at a lower benefit rate).
Protecting Your Job
When you take maternity or parental leave, your employer is legally required to reinstate you to your same job or a comparable one when you return to work. Your employer cannot terminate your employment or discriminate against you for taking leave. You continue to accrue seniority and benefits during your leave.
Frequently Asked Questions
Can I start my maternity leave before my due date?
Yes, you can typically start your maternity leave up to 13 weeks before your due date.
Do I have to take all of the parental leave at once?
Parental leave can be taken by one parent or shared between both parents. It must be taken in one continuous period unless your employer agrees otherwise.
What happens if my employer doesn’t reinstate me after my leave?
If your employer fails to reinstate you to your previous job (or a comparable one), you should contact the Employment Standards Branch for assistance.
Can I extend my maternity or parental leave?
While you can’t extend the legislated leave itself, you might be able to negotiate additional time off with your employer.
How do I apply for EI maternity and parental benefits?
You can apply for EI benefits online through the Service Canada website. Make sure to have your Social Insurance Number (SIN), Record of Employment (ROE) from your employer, and banking information ready.
Summary
Maternity and parental leave in British Columbia provides essential job protection and access to potential EI benefits for new parents. Understanding the eligibility criteria, duration, and your rights as an employee is crucial for a smooth transition into parenthood.
Leave a Reply