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Parents - Working parents

Parental leave

Parental leave is a leave without pay that new parents can take to spend time with their baby. Whether you’re a new mother or father, and whether you’re the natural or adoptive parent, you have a right to up to 52 weeks of parental leave.

In this Infosheet, Éducaloi explains how parental leave works, who can use it and what they can expect in terms of parental benefits from employment insurance.

Who has a right to parental leave?

Parental leave is open to both parents of the child, whether they are the biological or adoptive parents. The maximum length of parental leave is 52 weeks.

Can all workers benefit from parental leave?

No, not all workers are able to take parental leave.

Parental leave is provided for under the Act respecting labour standards. This law guarantees minimal working conditions to many workers.

A great number of people have access to parental leave because they are covered by the Act. But independent contractors or self-employed people are not covered by this law, so they will not be eligible. For more information on who is covered by the Act, consult the Infosheet entitled Labour standards in Quebec.

Is there a difference between parental leave and maternity leave?

Yes, there are two differences.

Maternity leave is only open to a biological mother. It’s maximum length is 18 weeks. In contrast, parental leave can be up to 52 weeks long, and the father of the child has the same access to it as the mother (whether biological or adoptive).

It is easy to confuse the two kinds of leave because often maternity and parental leave are taken by the same person, one after the other.

As of what moment can I take my parental leave?

Parental leave cannot begin until one of the following events happens:

• The week of the birth of your child;
  
• If you are adopting, the week that the child you adopt is entrusted to you or the week that you leave work to travel outside Quebec to the place where the child will be entrusted to you.

Can I break up my parental leave, taking one part now and another part later?

No. The parental leave provided by law is at a maximum of 52 continuous weeks.

You are free to negotiate another arrangement with your employer. The employer is not legally obliged to accept it, though.

My wife just gave birth to our baby. We work for the same employer. Can I take parental leave?

Yes. You can take parental leave without pay for up to 52 consecutive weeks when your child is born.

Your wife, in addition to her maternity leave, is also entitled to parental leave.

No law prevents you from taking parental leave at the same time as your spouse simply because you work for the same employer. As long as the total number of weeks taken by the parents together doesn’t equal more than 52 weeks.

As a new parent, am I obliged to take parental leave immediately after my maternity or paternity leave?

No. The law does not oblige you to take parental leave as soon as your maternity or paternity leave is finished. You can even return to work for a certain period of time without losing your right to take parental leave.

Nevertheless, the law doesn’t give you complete leeway in this matter. Your parental leave must end, at the latest, 70 weeks after the birth of your child.

For example, Nathalie took maternity leave when her daughter Alice was born. She came back to work for four weeks, and then chose to take her parental leave.

How must I notify my employer that I plan on taking parental leave?

You must notify your employer in writing at least three weeks before your departure from work. The notice period can be shorter if it is necessary for your child.

In the written notice, you must indicate the date when your parental leave will begin and the date of your return.

You cannot return to work before the date of return you indicated in your notice, unless you send your employer a written notice indicating the new date of your return at least three weeks in advance.

Can I work during my parental leave?

Yes, the law allows you to work a bit without affecting the amount of your benefits. To learn how much, contact the employment insurance office in your region.

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/ei/types/special.shtml&hs=tyt#Parental3]