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Adoption Leave

 

Who is entitled to Adoption Leave?

An employee who has been employed by the 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?

Two weeks notice in writing or if the child comes into their custody sooner than expected, written notice of having taken Adoption Leave within two 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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What if I wish to return to work earlier?

The employee must give his or her employer at least 4 weeks written notice of the date they will be returning to work.

(section 43.2 of the Labour Standards Act)

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What effect does my being off on adoption leave have on my entitlement to vacation and other benefits under The Labour Standards Act?

The period of time spent on adoption leave is "time out" when it comes to the accumulation of time for the purposes of vacation entitlement, notice of termination of employment or other benefits under the Act.

(section 43.8 of the Labour Standards Act)

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Does my employer have to hold my job for me?

Upon your return to work, you should be placed in the same or similar position with duties, benefits and wages that you had prior to taking Adoption Leave.

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

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