本文发表在 rolia.net 枫下论坛关于生产假期,父母假期以及疾病假期的EI福利

谁有资格申领
福利名称 可申领人
产假福利 母亲(生产的母亲,代母)
父母假福利 生理父母或领养父母
疾病假福利 因为疾病,受伤或检疫隔离而不能工作的人

要具备资格申领产假,父母假或疾病假EI福利,你必须提供以下证明;
1. 你的正常的周收入下降了超过40%;
2. 在过去52周或上次申领EI以来,你已经工作满了600小时.(这些工时的收入是缴纳了EI保险金的.)这又被称为符合条件的时段.

符合条件的时段
以下两种时段中短的为符合条件的时段;
1,从你申领之日起向前推算52周;
2,如果这52周以内你曾经申领过EI,则从你赏赐申领EI之日算起.

何时,何地以及如何申领
要想申领产假,父母假或疾病假EI,必须填写EI申领表格,你可以在网络上直接申请,也可以到当地的人力资源部办公室(以下简称当地办公室)填写申领.
你必须在你停止工作后尽快申领这项福利,从你的周收入开始下将超过40%开始你最多有4周时间来进行申报手续,如果你延误了这段时间,可能会导致你无法享受这项福利,风险自负.
注意;你申领产假福利的同时,你和你的配偶/同伴可以同时申领父母假福利.

那些资料时你在申领时必须提交的
1. 你的社会保险号码-SIN.
2. 过去52周每一份工作的雇用证明-ROE.
如果你再最后一个工作日之后的14天之内仍然无法取得雇用证明,你必须提供一些资料来证明你确实曾经被雇用,例如工资单.
3. 个人身份证明-例如驾照,出生证或护照等ID,这在你本人亲自来申请时需要.
4. 你的银行信息,例如支票或银行队长单,或者你当前使用的银行帐号的一张空白作废支票(VOID支票),这视为了保证你的福利金会直接汇到你的银行帐上.
5. 如果你申领疾病假福利,你应当提供医疗证明,说明你的疾病预期要休假多久.
6. 因为领养儿童而申领父母假福利的应当提供领养/过继证书.
7. 如果过去52周以内曾经辞职或被解雇,请提交详细的辞职说明或解雇说明.
8. 样西德雇用状况说明资料—你的总收入(扣款以前包括小费收入和奖金收入),最后一周的总工资(从周日到你工作的最后一日),已收到或将收到的其它款(例如未休的假期补款,遣散费,离职金,解雇金,补偿金,裁员补偿等),其它款项.

审么时候可以收到第一笔福利金
我们收到尚书全部需要的资料并认可你符合申领条件后,通常你会自提出申领之日的28天之内收到第一笔福利金.同样,如果我们认为你不符合条件,也会在相同的时间范围内通知你.

审么是等待期
你开始申领的最初两周,我们称为等待期.这两周你收不到任何福利金,这就好比任何一种保险里的扣除量一样.这两周之内如果你有任何收入也会在收取福利金的前三周予以扣减.
有时候两周的等待期也会被免除或延迟,但是仅仅使用于一下这些状况,例如;
1,如果从你的最后一个工作日之后,你的雇主汇支付你的病休金,这两周的等待金可以被免除.
2,如果父母假的福利分别被父亲和母亲来申领,那么只需要有一个等待期即可.例如,母亲申请产假时已经有一个两周的等待期,那么父亲申领父母假的等待期将会被延迟,只有当父亲在父母假EI领取完后,以后再申零常规EI或疾病EI时,这两周的等待期才会被执行.
3,如果你参加了团体保险,那么你也可以将团体保险支付保金的最后两周作为你的 等待期.

可以领取多长时间的产假,父母假或疾病假福利金
福利名称 最长领取时间
产假 15周
父母假 35周
疾病假 15周

如果你同时申请两种或三种尚书福利金,最多也只能领取50周.
你可以在产假之前或之后申领疾病假福利.

新规定;如果再2002年3月3日你正在享受上述福利,或者你的申领日期在2002年3月3日当天或之后,当你合并申请上述三种福利时,你最多可以申领65周福利,而不是以前规定的最多50周.
为了具备资格享受延长增加的周数,你必须符合以下条件;
1,你没有申领常规EI,
2,你目前正在领取疾病,产假以及父母假福利,
3,你目前已申领的疾病假少于15周或父母假少于35周.
可以参看以下例子;

例一; 你申领的EI福利为; 15周疾病假+15周产假+20周父母假=50周.
那么你还可以延长15周领取福利时间,因为;
1. 2002年3月3日你正在领取上述福利,或你的申请之日在3月3日或之后
2. 你没有领取常规EI
3. 你申领了疾病假,产假以及父母假的综合福利,同时你的父母假福利没有达到规定的上限,(差额为35周-20周=15周)
这个案例中,综合享受福利的上限是65周

例二; 你申领的EI福利为; 10周疾病假+15周产假+25周父母假=50周,
那么你还可以延长10周领取福利时间,因为;
1, 2002年3月3日你正在领取上述福利,或你的申请之日在3月3日或之后
2,有领取常规EI
3,领了疾病假,产假以及父母假的综合福利,同时你的父母假福利没有达到规定的上限,(差额为35周-25=10周)
这个案例中,综合享受福利的上限是60周.

例三; 你申领的EI福利为; 15周产假+35周父母假=50周
如果你在父母假以后生病了也不可以申请疾病假福利,因为你并没有同时申领三种福利合并领取.
注意; 你申领产假福利和父母假福利期间,可以不必象常规EI申领者一样定时填写申请者状况报告(Claimant’s Report).为此,你应当在申请时填写一份相关申明.

为了确保你能收到福利金,请注意以下事项;
1,如果没有完整填写申请人状况报告,是不可能收到福利金的.但是如果你申领的时产假或父母假福利,并且在事先选择了不填写申请者状况报告,你的每期福利金会自动直接汇到你的银行帐上.
2,如果你申请的是疾病假福利金,可能在你申请后很快就会收到一封信,来说明你第一次应当提交申请人状况报告的日期以及教你如何使用便捷的电话系统以及直接支付方式的步骤说明.但是这封信并不表明你的申请已经被批准了.
3,如果你不能通过电话系统进行申请人状况报告,你需要进行书面的填写并邮寄报告给我们.你可以在网站上找到份步骤的填表说明.
4,无论上述哪一种情况,你都会收到一个个人的电话接入号(TAC),每次你用电话申报情况或查询时都会用到这个电话接入号以及你的SIN号码,请将你的TAC号码和SIN号码分开保管并注意保密.

如果在领取产假,父母假或疾病假EI福利的同时工作,有甚么规定
如果你在领取产假或疾病假福利的同时还工作,哪么这些收入可能全额从你的福利金中扣除.
另外,如果你是在领取父母假福利金的同时工作,每周你可以有50加元的收入或者周福利金的25%(取两者种高者).超过此标准的收入将会被全额从你的福利金中扣除.

当然你必须将你在领取产假,父母假疾病假福利金同时的收入向人力资源部报告,如果你事先选择了不填写申请人状况报告,你应当通过电话系统或到当地办公室进行报告.

可能影响福利金的收入
有一些收入可能会影响你申领福利金.如果你申领产假或疾病假福利金,以下这些来源的收入会全额被扣减.如果你申领的是父母假福利金,则允许你每周有50元收入或周福利金的25%(两者取其高者);
影响福利金的收入;
1,雇主支付的工资,奖金
2,任何事故或工伤的陪付金.例如为收入减少而获得的劳工赔偿
3,因疾病或收入减少获得的团体保险收入
4,因为交通事故保险计划而得到的工资减少的赔偿
5,一切基与雇主提供的退休补偿金(包括从军队或警察局退休),CPP(QPP)
不影响福利金的收入
1,加拿大或魁北克的残疾赔偿金
2,由永久协议规定的劳工赔偿
3,疾病福利金中被人力资源部认可的私人保险计划中的补充性保险金
4,雇主提供的对产假或父母假的补充收入
5,私人的疾病伤残导致收入减少的保险金
6,由于追搠以前的工资或薪金的增加

你能得到多少福利
基本的福利是你缴纳保险金的平均收入的55%,但最多每周领取的福利金不能超过413元,由于你的福利金是应税收入,这意味着你收到的福利金可能已经被代扣了联邦税以及省税(如果有的话).
注;缴纳保险金的平均收入按照过去26周的工资计算.
如果你是带孩子的低收入家庭,同时你们在领取儿童福利金(CCTB我们常说的牛奶金),你的福利金的比率可能会稍高.你也应具备资格申领家庭补助.

产假福利
产假福利是支付给生孩子的母亲(或代母),最多15周.申领产假福利的条件是你在过去52周或上次申领EI之后工作满了600小时.你需要提供产科医生签署的证明来说明你的预产期或孩子的准确出生日期.
最早可以从预产期前的8周开始申领产假福利或从孩子出生的那周开始申领.产假福利最迟应当在出生日或预产期之后17之内领完(以两者种迟者为限).
如果孩子要留院治疗,哪么17周的限制可以被按周延长,最多不超过52周(从孩子出生之日算起),最长的领取福利时间仍然为15周,但是可以从孩子出院回家哪周开始计算.如果你在孩子出生以前就开始领取产假福利并希望在孩子出院会加以后继续领取剩余的福利则需要通过电话系统或去当地办公室办理必要的变更手续.
尽管你有可能一次生下多胞胎,但是每周领取得福利金的数目以及可以领取福利金的时间都是一样的.
申领产假福利的同时,你和你的配偶/同伴可以同时申请父母假福利.

父母假福利
父母假福利是给那些生理父母或领养父母用于照顾新生儿或新被领养儿童的,最长为35周.申领条件是你在过去52周或上次申领EI之后工作满了600小时.你必须签署一份说明书,说明孩子的出生时间或何时领养的孩子,姓名,地址以及领养公证.
父母假福利可以由父母亲中的一位申领或两位分开来申领,但是合并起来不能超过35周.无论是父母中的哪一方申领父母假福利都必须提供另一方父母的姓名以及SIN号码.
生理父母领取父母福利是从孩子出生日算起,而领养父母是从孩子被交给领养父母之日算起.父母假福利应当在上述日期之后的52周之内领取完毕,除非孩子被留院治疗.
尽管你有可能一次生多胞胎或领养多个儿童,父母假福利的数目以及可领取得最长时间仍然一样.

通过以下例子,对于领取父母假福利,你可以有不同的选择;
例一, 你和配偶/同伴公申领父母假福利,两人同时休假合并不超过35周.
例二,你在休完产假以后回去工作,你的配偶/同伴休35周父母假.
例三,你休一部分父母假后回去工作,你的配偶/同伴休剩余的父母假.
例四,你休了一部分父母假决定回去工作,但是工作几周后你觉得还是应当留在家里照顾孩子,只要时间没有超过孩子出生或被领养之日后的52周,你可以回去休完剩余的父母假.

孩子留院治疗的情况下如何申领父母假福利
如果你的申领福利是在2002年4月21日或以后开始的,而你的新生儿或领养的孩子在留院治疗,你可以选择当时就开始申领父母假或等孩子出院回家以后再开始申领父母假.父母假的最长领取时间仍然是35周,但孩子每在医院停留一周,你的开始申领日就可以向后延长一周,最长不超过104周.当然你需要提供孩子的住院证明.
更多的相关资料可在办公时间通过电话系统或去当地办公室查询.

疾病假福利
疾病假福利是支付给那些因为疾病,受伤或检疫隔离而不能工作的人,最长为15周.申领条件是你在过去52周或上次申领EI之后工作满了600小时.你必须提供医疗证明,说明你的疾病预期需要多长时间才能返工.开具医疗证明的费用由个人承担.
开具的医疗证明不仅要证明你现时不能工作,还要说明你何时可以返工.

特殊情况;
1. 如果你不是因为疾病,受伤或检疫隔离而停止工作,并且工作时间少于600小时,你也有可能申领疾病假福利.例如你正在领取常规EI,同时发现患上疾病,只要符合要求,你也可以开始申领疾病假福利.
2. 如果你同时申领疾病,产假和父母假福利,请查阅相关的规定.
上述特殊情况可通过电话系统或去当地办公室查询确认.

收到福利金以后….
你在最后一次收到福利金时会有一份通知告诉你已经发放了所有你申请的符合要求的福利金,如果到那是你还没有工作可以做,你可以再申领常规EI,并且不需要再有一个等待期.这种情况请通过电话系统或去当地办公室查询如何操作.
产假,父母假,疾病假福利以及常规EI合并申领最高不能超过50周,这种情况的更多资料请通过电话系统或去当地办公室查询.
申领福利金期间出国
申请产假或父母假期间你可以不再加拿大境内,但是你应当通知当地办公室
你申领疾病假福利又身在境外的唯一可能是去被官方认可的另一个国家的医院,医疗所或类似机构接受医疗治疗,而这种治疗在加拿大不能实施或不能立即实施.如果你自行决定去境外休息或复原,你就不具备资格申领这项福利.同样你要出国应当通知当地办公室.

纳税时的返还
年度申报收入所得税时,如果你申领的是产假福利,父母假福利或疾病假福利,哪么无论你的年收入有多高,都不需要进行返还.更多精彩文章及讨论，请光临枫下论坛 rolia.net

本文发表在 rolia.net 枫下论坛Pregnancy and Parental LeavePregnant employees have the right to take Pregnancy Leave of up to 17 weeks of unpaid time off work. In some cases the leave may be longer.

Both new parents have the right to take Parental Leave -- unpaid time off work. Birth mothers who took pregnancy leave are entitled to up to 35 weeks' leave. Employees who didn't take pregnancy leave are entitled to up to 37 weeks' leave.

Parental leave isn't part of pregnancy leave. A birth mother can take both pregnancy and parental leave.

Both parents can be on leave at the same time. For example, a father can take parental leave at the same time the mother is on pregnancy or parental leave.

Employees are entitled to pregnancy and parental leave regardless of the type of employment relationship they have - full-time or part-time, permanent or contract.

An employer can't penalize an employee in any way because the employee is or will be eligible to take a pregnancy or parental leave, or for taking or planning to take a pregnancy or parental leave.

In most cases, employees must be given their old job back at the end of their pregnancy or parental leave.

Ontario's ESA and the federal Employment Insurance Act
Pregnancy leave and parental leave under the ESA are different from maternity benefits and parental benefits under the federal Employment Insurance Act. The rules about the timing and length of pregnancy and parental leaves under the ESA are very different from the rules about timing and length of leaves as they relate to benefits under the federal Employment Insurance Act.

You should contact your nearest federal government Human Resource Development Canada centre for information about employment insurance benefits.

Pregnancy Leave
Pregnancy Leave
Pregnant employees have the right to take pregnancy leave: up to 17 weeks of unpaid time off work. (In some cases the leave may be longer.)


An employer isn't required to pay an employee who is on pregnancy leave.

Qualifying for Pregnancy Leave
A pregnant employee is entitled to pregnancy leave if she was hired at least 13 weeks before the date her baby is expected to be born (sometimes called the "due date").

Note that an employee doesn't have to actively work for 13 weeks to be eligible for pregnancy leave. It's only necessary for there to be 13 weeks between her date of hire and her due date.

Here are some examples.

A typical case
Tegan was hired 15 weeks before her due date. She is eligible to begin her pregnancy leave at any time after being hired, because there are at least 13 weeks between the date she was hired and her due date.

When an employee is off sick
Fatima was hired 15 weeks before her due date. Soon after starting her new job, she was off sick for five weeks. Fatima is eligible for pregnancy leave because there are at least 13 weeks between the date she was hired and her due date. The fact that she didn't actually work 13 weeks is irrelevant.

When a baby is premature
Meredith was hired 15 weeks before her due date. However, 11 weeks after she was hired, her baby was born. Meredith is eligible for pregnancy leave to begin on the date the baby was born, because there were at least 13 weeks between the date she was hired and her due date. The fact that her baby was born less than 13 weeks after she was hired is irrelevant.

When a Pregnancy Leave Can Begin
Usually, the earliest a pregnancy leave can begin is 17 weeks before the employee's due date. However, if an employee has a live birth more than 17 weeks before the due date, she will be able to begin her pregnancy leave on the date of the birth.

Ordinarily, the latest a pregnancy leave can begin is on the baby's due date. However, if the baby is born earlier than the due date, the latest the leave can begin is the day the baby is born.

Within these restrictions, an employee can start her pregnancy leave any time she chooses. The employer can't decide when the employee will begin her leave -- even if the employee is sick or if her pregnancy limits the type of work she can do.

Length of a Pregnancy Leave
A pregnancy leave can last a maximum of 17 weeks for most employees. An employee may decide to take a shorter leave if she wishes.

However, once an employee has started her pregnancy leave, she must take it all at once. She can't use up part of the 17 weeks, return to work and then go back on pregnancy leave for the unused portion. If she returns to work for the employer from whom she took the leave, even if it is only part-time, under the ESA she gives up the right to take the rest of her leave.

Miscarriages and Stillbirths
If an employee has a miscarriage or stillbirth, she is eligible for pregnancy leave only if the miscarriage or stillbirth occurred within 17 weeks before the due date.

The pregnancy leave of an employee who has a miscarriage or stillbirth ends on the date that is the later of:

17 weeks after the leave began;
OR

six weeks after the stillbirth or miscarriage.
This means that the pregnancy leave of an employee who has a stillbirth or miscarriage will be at least 17 weeks long. In some cases it may be longer.

An employee can choose to take a shorter leave if she wishes.



Here are two examples:

When an employee has a stillbirth
Wai began her pregnancy leave 15 weeks before her baby was due. On her due date she had a stillbirth. The law says that the pregnancy leave ends on the date that is the later of 17 weeks after the leave began or six weeks after the stillbirth.

In this case, the later date is six weeks after the stillbirth. Wai can stay off work for up to six more weeks after the stillbirth, for a total of 21 weeks of pregnancy leave.

When an employee has a miscarriage
Hélène began her pregnancy leave 15 weeks before her baby was due. One week later (one week into her pregnancy leave) she had a miscarriage. The law says that her pregnancy leave ends on the date that is the later of either 17 weeks after the leave began or six weeks after the miscarriage.

In Hélène's case, the later date is 17 weeks after the leave began. She will get a total of 17 weeks of pregnancy leave.

Giving Notice about Starting a Pregnancy Leave
An employee must give her employer at least two weeks' written notice before beginning her pregnancy leave. Also, if the employer requests it, she must provide a certificate from a medical practitioner.

Changing the Date a Pregnancy Leave Starts
Suppose an employee has given notice to begin a pregnancy leave. She can begin the leave earlier than she originally told her employer if she gives her employer new written notice at least two weeks before the new, earlier date.

Here's an example:

Changing the start of a pregnancy leave to an earlier date
Barbara gave her employer written notice that she would begin her pregnancy leave on September 10. Now Barbara wants to start her leave on August 27. She must give her employer new written notice by August 13 (two weeks before August 27).

An employee can also change the date she will begin her leave to a later date than she originally told her employer. To do this, she must give her employer new written notice at least two weeks before the original date she said she would begin her leave.

Here's an example:

Changing the start of a pregnancy leave to a later date
Mairead gave her employer written notice that she would start her pregnancy leave on September 10. Now Mairead wants to start her leave on September 15. She must give her employer new written notice by August 27 (two weeks before September 10).

Sometimes an employee has to stop working earlier than expected because of complications caused by the pregnancy. In this case, the employee has two weeks after she stops working to give the employer written notice of the day the pregnancy leave began or will begin.

An employee doesn't have to start her pregnancy leave when she stops working. She can go on sick leave if she chooses. If the employer requests it, the employee has to provide a medical certificate supporting her inability to work and stating the baby's due date.

If an employee stops working earlier than expected because of a birth, stillbirth or miscarriage, she has two weeks after she stops working to give the employer written notice of the day the leave began. The pregnancy leave begins no later than the date of the birth, stillbirth or miscarriage. If the employer requests it, the employee has to provide a medical certificate stating the due date and the date of birth, stillbirth or miscarriage.

Failing to Give Notice

An employee who fails to give the required notice doesn't lose her right to a pregnancy leave. She may fail to give notice because she didn't know she had to, or because she was unable to under the circumstances.

Giving Notice About Ending a Pregnancy Leave

An employee can tell her employer when she will be returning to work, but she isn't required to do so. If the employee doesn't specify a return date, the employer is to assume that she will take her full 17 weeks of leave (or any longer period that she may be entitled to).

An employer can't require an employee to return from her leave early. Also, an employer can't require an employee to prove, through medical documentation, that she is fit to return to work. The choice to return to work is the employee's.

Changing the Date a Pregnancy Leave Ends

An employee may want to change the date her leave was scheduled to end to an earlier date. If so, she must give the employer a new written notice at least four weeks before the new, earlier day.

An employee may want to change the date her leave was scheduled to end to a later date. In this case, she must give the employer a new written notice at least four weeks before the date the leave was originally going to end. Unless the employer agrees, she can't schedule a new end date to her pregnancy leave that would result in her taking a longer leave than she is entitled to under the ESA.

When an Employee Decides Not to Return to Work
Suppose an employee wants to resign before the end of her pregnancy leave, or at the end of the leave. She must give her employer at least four weeks' written notice of her resignation. This notice requirement doesn't apply if the employer constructively dismisses the employee. (See Constructive Dismissal in the "Termination of Employment" and "Severance Pay" chapters.)

Parental Leave
Parental Leave
Both new parents have the right to take parental leave: up to 35 or 37 weeks of unpaid time off work.

An employer isn't required to pay an employee who is on parental leave.

Qualifying for Parental Leave
To qualify, an employee who is a new parent must have been hired at least 13 weeks before the leave begins.

Note that an employee doesn't have to actively work for 13 weeks to be eligible for parental leave. The employee could be on layoff, vacation, sick leave or pregnancy leave for all or part of the 13-week qualifying period and still be entitled to parental leave.

A "parent" includes:

a birth parent;

an adoptive parent (whether or not the adoption has been legally finalized); or

a person who is in a relationship of some permanence with a parent of the child and who plans on treating the child as his or her own. This includes same-sex couples.
When a Parental Leave Can Begin
A birth mother who takes pregnancy leave must ordinarily begin her parental leave as soon as her pregnancy leave ends.

However, an employee's baby may not yet have come into her care for the first time when the pregnancy leave ends. For example, perhaps her baby has been hospitalized since birth and is still in the hospital's care when the pregnancy leave ends.

If this is the case, the employee can choose to return to work and start her parental leave once the baby comes home. However, she doesn't have to wait until the baby comes home to begin her parental leave.

All other parents must begin their parental leave no later than 52 weeks after:

the date their baby is born;
OR

the date their child first came into their care, custody and control.
The parental leave doesn't have to be completed within this 52-week period. It just has to be started.

Length of a Parental Leave
Birth mothers who take pregnancy leave are entitled to take up to 35 weeks of parental leave.

All other new parents are entitled to take up to 37 weeks of parental leave.

Employees may decide to take a shorter leave if they wish. However, once an employee has started parental leave, he or she must take it all at one time. The employee can't use up part of the leave, return to work for the employer and then go back on parental leave for the unused portion.

(Note: the rules under the federal Employment Insurance program are different. Under that program, employees are able to return to work and earn a certain amount of wages without having their employment insurance benefits reduced.)

Miscarriages and Stillbirths
An employee who has a miscarriage or stillbirth, or whose spouse or same-sex partner has a miscarriage or stillbirth, is not eligible for parental leave.

Giving Notice About Starting a Parental Leave
An employee must give his or her employer at least two weeks' written notice before beginning a parental leave. If an employee is also taking a pregnancy leave, she can give her employer notice of both leaves at the same time. But she doesn't have to.

Changing the Date a Parental Leave Starts
Suppose an employee has given notice to begin a parental leave. The employee can begin the leave earlier than he or she has told the employer by giving the employer new written notice at least two weeks before the new, earlier date.

Here's an example.

Changing the start of a parental leave to an earlier date
Jon gave his employer written notice that he would begin his parental leave on September 10. Now he wants to start his leave on August 27. Jon must give his employer new written notice by August 13 (two weeks before August 27).

An employee can also change the starting date of the leave to a later date than he or she originally told the employer. To do this, the employee must give the employer new written notice at least two weeks before the original date the leave was going to begin.

Here's an example.

Changing the start of a parental leave to a later date
Wendy gave her employer written notice that she would start her parental leave on September 10. Now Wendy wants to start her leave on September 15. She must give her employer new written notice by August 27 (two weeks before September 10).

An employee may have to stop working earlier than expected because the child comes into his or her custody, care and control for the first time earlier than expected. In this case, the employee has two weeks after stopping work to give the employer written notice that he or she is taking parental leave. The parental leave begins on the day the employee stops working.

Failing to Give Notice
An employee who fails to give the required notice doesn't lose his or her right to a parental leave. The failure might occur because the employee didn't know he or she had to give notice, or because the employee was unable to under the circumstances.

Giving Notice About Ending a Parental Leave
An employee can tell the employer when he or she will be returning to work, but isn't required to do so. If the employee doesn't specify a return date, the employer is to assume that the employee will take his or her full 35 or 37 weeks of leave.

An employer can't require an employee to return from leave early.

Changing the Date a Parental Leave Ends
An employee may want to return to work earlier than the date he or she was scheduled to return. If so, the employee must give the employer written notice at least four weeks before the new, earlier day.

An employee may want to return to work later than he or she was scheduled to return. In this case, the employee must give the employer new written notice at least four weeks before the date the employee was originally going to return. However, unless the employer agrees, the employee can't schedule a new return date that would result in the employee taking a longer leave than he or she is entitled to under the ESA.

When an Employee Decides Not to Return to Work
Suppose an employee decides to resign before the end of his or her parental leave, or at the end of the leave. The employee must give the employer at least four weeks' written notice of the resignation. This notice requirement doesn't apply if the employer constructively dismisses the employee. (See Constructive Dismissal in the "Termination of Employment" and "Severance Pay" chapters.)

Rights During Pregnancy and Parental Leaves
Employees on pregnancy or parental leave have several rights.


The Right to Reinstatement
In most cases, an employee who takes a pregnancy or parental leave is entitled to:

the same job the employee had before the leave began;
OR

a comparable job, if the employee's old job no longer exists.
In either case, the employee must be paid at least as much as he or she was earning before the leave.

Suppose an employee's pay would have gone up if he or she hadn't been on leave. In this case, the employee must be given the higher pay on returning to work.

If an employer has dismissed an employee for legitimate business reasons that are totally unrelated to the fact that the employee took a leave, the employer doesn't have to reinstate the employee.

The Right to Be Free from Penalty
Employers can't penalize an employee in any way because the employee:

took a pregnancy or parental leave;

plans to take a pregnancy or parental leave;

is eligible to take a pregnancy or parental leave; or

will become eligible to take a pregnancy or parental leave.
The Right to Continue to Participate in Benefit Plans
Employees on pregnancy or parental leave have a right to continue to take part in certain benefit plans that their employer may offer. These include:

pension plans;

life insurance plans;

accidental death plans;

extended health plans; and

dental plans.
The employer must continue to pay its share of the premiums for any of these plans that were offered before the leave, unless the employee tells the employer in writing that he or she won't continue to pay his or her own share of the premiums (if any).

In most cases, employees must continue to pay their share of the premiums in order to continue to participate in these plans.

Employees who are on pregnancy or parental leave can also continue to participate in other benefit plans if employees who are on other types of leave are able to continue to participate in those plans.

In addition, a birth mother may be entitled to disability benefits during that period of the leave that she would otherwise have been absent from work for health reasons related to the pregnancy or birth.

The Right to Earn Credits for Service and Seniority
Although an employee doesn't have to be paid during a pregnancy or parental leave, the employee continues to earn credits toward seniority, service and length of employment -- just as if he or she had stayed at work.

Here are three examples:

Length of service
Trin's employment contract states that she earns 1½ paid vacation days for every month of service. Her length of service continues to accrue (accumulate) while she's on pregnancy and parental leave. This means she continues to earn 1½ days of paid vacation every month during her leaves, and she's entitled to full vacation with pay after she returns to work.

Vacation time versus vacation pay
Yves earns two weeks of vacation time for every 12 months he's employed. Because his length of employment continues to accrue while he's on parental leave, Yves continues to accrue vacation time during his leave just as if he were still at work.

However, Yves' vacation pay is calculated as four per cent of the gross wages he earns. He isn't earning any wages during his parental leave. Therefore, he doesn't earn any vacation pay while he is on leave.

Seniority
Karen is a member of a union that has bargaining rights at her workplace. Under the collective agreement, an employee's seniority determines such things as order of layoff and recall, job promotions and annual vacation entitlements. Karen continues to accrue seniority for all purposes during her pregnancy and parental leaves, just as if she had been actively employed.

Probation
The period of a leave isn't included when determining whether an employee has completed a probationary period. If an employee was on probation at the start of a leave, he or she must complete the probationary period after returning to work.更多精彩文章及讨论，请光临枫下论坛 rolia.net