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Parental Leave

Who is eligible for parental leave?

An employee who has been employed by the same employer for at least 20 consecutive weeks and who is the parent of a child.

(section 43.3.(1) of the Labour Standards Act)

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When does parental leave have to be taken?

Parental leave must begin within 35 weeks of the birth of the child or when the child comes into the care and custody of the parent for the first time.

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

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Can an employee take pregnancy leave, go back to work for a time and then take parental leave?

No. Where an employee takes pregnancy leave, the parental leave must begin when the pregnancy leave ends, unless the child has not come into the care of the parent for the first time.

(section 43.3(3) of the Labour Standards Act)

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How long can parental leave last?

Up to 35 weeks of unpaid leave.

(section 43.5 of the Labour Standards Act)

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How much notice of their intention to take parental leave does an employee have to give their employer?

At least 2 weeks written notice must be given.

(section 43.3(4) of the Labour Standards Act)

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Can an employee return to work before the end of the 35 weeks?

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

(section 43.5 of the Labour Standards Act)

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What happens when the employee returns to work from parental 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 parental leave.

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

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

The period of time spent on parental 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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