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Parents - Working parents

Maternity leave

You've got a baby on the way, and you've been trying to figure out whether you’re entitled to maternity leave. Your employer avoids answering when you ask about it, and there’s no collective agreement to which you can refer.

In this Infosheet, Éducaloi explains what maternity leave is, who is entitled to it, and what to expect in terms of maternity benefits under employment insurance.

Who is entitled to maternity leave?

The biological mother is entitled to maternity leave. The maximum period of maternity leave is 18 weeks. However, you may have an agreement with your employer that extends this period.

The 18 week maternity leave is also available to an employee whose pregnancy terminated on or after her 20th week of pregnancy.

Is there a difference between maternity leave and parental leave?

Yes, parental leave is offered to both of the child’s parents, whether they are the biological or adoptive parents. The maximum period allowed for parental leave is 52 weeks.

Maternity leave and parental leave are often confused because both are usually taken by the same person, the mother, and they are taken consecutively.

When can my maternity leave begin?

Essentially, the decision is yours. However, the earliest you can start your maternity leave is sixteen (16) weeks before the delivery due date, and it is up to you to decide how you want to distribute the weeks of your leave.

For example:

Marie decided to take her leave in the following manner: four (4) weeks of leave before her due date and fourteen (14) weeks after.

Lorraine preferred to take her leave in the following way: nine (9) weeks before her due date and nine (9) weeks after.

I am pregnant and I am at the management level in the company. Do I have the right to the same maternity leave as the employees I supervise?

Yes. If you’re managerial personnel, the provisions in the Act respecting Labour Standards don’t usually apply to you. However, you still have a right to a maternity leave without pay for up to 18 consecutive weeks.

My doctor told me to take my maternity leave. What should I do?

Usually, you must advise your employer in writing at least three weeks prior to taking your leave. If your health or the health of your unborn child forces you to begin your maternity leave earlier than expected, notice to your employer can be given less than three weeks before you leave.

In the written notice, you must indicate to your employer the date you will begin your maternity leave and the date you intend to return to work. You must attach a medical certificate attesting to your pregnancy and your expected delivery date to the notice.

My doctor told me that I have a high-risk pregnancy, but my employer refuses to let me stop working. Is this legal?

No. A high-risk pregnancy can lead to a cessation of work if the health of the mother or unborn child is in danger. In this situation, your doctor, not your employer, has the final say.

Your doctor just needs to issue a medical certificate that sets out the danger and your predicted date of delivery. You should submit the medical certificate to your employer as soon as possible.

This certificate replaces the notice that you must give to your employer.

Note: even if you leave your job at the very beginning of your pregnancy due to the fact that it is a high-risk pregnancy, you have the right to a maternity leave following your delivery date.

Am I entitled to work during my maternity leave?

If you work during your maternity leave, the payment you receive from the government in the form of maternity benefits will be reduced by an amount equal to your salary. The situation is altogether different when it comes to parental leave. For more information, consult the Infosheet entitled Parental leave,N]Parental leave  (http://www.educaloi.qc.ca/en/loi/parents/85/).

Useful Links :

1. Website of the Commission des normes du travail  [http://www.cnt.gouv.qc.ca]
2. Human Resources and Skills Development Canada website  [http://www.hrsdc.gc.ca/asp/gateway.asp?hr=/en/lp/spila/wlb/wfp/11Maternity_Leave.shtml&hs=wnc]
3. Québec Parental Insurance Plan website  [http://www.rqap.gouv.qc.ca/Index_en.asp]