(Closed) Maternity leave rights in Ontario question

posted 4 years ago in Pregnancy
Post # 3
Member
11520 posts
Sugar Beekeeper
  • Wedding: May 2014

mrsalexander:  I can’t see anything either – I know you maintian seniority and that continue to accrue, I don’t think you’re entitled to vacation beyond the mandatory 2 weeks/4%

Post # 6
Member
11520 posts
Sugar Beekeeper
  • Wedding: May 2014

mrsalexander:  I think you’re entitled to whatever you’ve earned up to the point you go on leave, if you get 6 weeks that’s 11.5% so assuming you were going on leave on September 1 then you’d be entitled to 4 weeks I THINK – I really don’t know for sure. It may not be a provincial policy – perhaps it’s your workplace policy?  I know my old job had a very detailed maternity/parental leave guideline detailing everything like that.

Post # 7
Member
1112 posts
Bumble bee

mrsalexander:  This is what I’ve found – In Ontario, employees continue to accrue vacation time when they are on a protected leave of absence, just as they continue to accrue service credits and seniority during the leave. A protected leave of absence is one in which the employee’s job is protected while they are away, and the employer is required by law to provide the same or similar job upon the employee’s return from the leave. Maternity and parental leave is a protected leave in Ontario. 

There is a difference between vacation time and vacation pay in Ontario. While your employee is away on maternity/parental leave, she is earning vacation time. However, the vacation pay she earns will be determined by what is stated in her employment contract. If her contract states that she will receive 4% vacation pay based on hours worked, then your employee will not have earned vacation pay during her maternity leave, only vacation time. If, however, the contract stipulates your employee will earn two weeks of paid vacation on an annual basis, then she will earn two weeks of paid vacation while away on a one year maternity/parental leave, regardless of the hours worked that year. Then you will owe both vacation time and pay in that instance.

Post # 8
Member
1112 posts
Bumble bee

mrsalexander:  For pay increases – on the Gov’t of Ontario website it says: The employee must be paid at least as much as he or she was earning before the leave. Also, if the wages for the job went up while the employee was on leave, or would have gone up if he or she hadn’t been on leave, the employer must pay the higher wage when the employee returns from leave.

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