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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 I 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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What is the maximum amount of Parental Leave?

The maximum Parental Leave provided by the Act is 35 weeks of unpaid leave.

(section 43.5 of the Labour Standards Act)

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How much notice do I have to give my employer of my intention to take Parental Leave?

At least 2 weeks written notice of the date the leave is to begin.

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

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What if I wish to return to work before the end of the 35 weeks?

You should give your employer at least 4 weeks written notice of the date you intend to return to work.

(section 43.5 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 the same duties, benefits and wages that you had prior to taking Parental Leave.

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

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

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

(section 43.8 of the Labour Standards Act)

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