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Adoption Leave

Who is eligible for adoption leave?

An employee who has been employed by the same employer for at least 20 consecutive weeks.

(section 43.(1) of the Labour Standards Act)

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How much notice of their intention to take adoption leave must an employee give to their employer?

2 weeks notice in writing or if the child comes into their custody sooner than expected, written notice of having taken adoption leave within 2 weeks of having stopped work.

(section 43.(2) of the Labour Standards Act)

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How long can adoption leave last?

Up to 17 weeks of unpaid leave.

(section 43.2 of the Labour Standards Act)

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Are adoptive parents entitled to parental leave?

Adoptive parents are entitled to 35 weeks parental leave.

(section 43.3(2) of the Labour Standards Act)

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Can an employee return to work before the end of the 17 weeks?

Yes, however, 4 weeks written notice has to be given to the employer before the employee can return to work.

(section 43.2 of the Labour Standards Act)

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What happens when the employee returns to work from adoption leave?

Upon return to work an employee is to be placed in the same or similar position with duties, benefits and wages they had prior to taking adoption leave.

(section 43.9.(1) of the Labour Standards Act)

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What effect does being on adoption leave have on an employee’s entitlements under the Labour Standards Act?

The period of time spent on adoption leave will not be considered a break in an employee’s service when it comes to the accumulation of time for the purposes of vacation entitlement and notice of termination or other benefits under the Act.

(section 43.8 of the Labour Standards Act)

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