EI parental benefits changes and amendments to federal and provincial maternity/pregnancy and parental leaves
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1 FEDERAL LEGISLATIVE CHANGES EI parental benefits changes and amendments to federal and provincial maternity/pregnancy and parental leaves Employment Insurance Act changes The Employment Insurance (EI) Act was amended, effective December 3, 2017, to provide new parents with the option to receive extended parental benefits. Parents of a newborn or newly adopted child can now choose to be paid EI parental benefits, at a reduced rate, for a maximum of 61 Extended benefits must be claimed within a 78 week period (18 months) after the week the child was born or placed for the purpose of adoption. The two parents can share the 61 weeks of extended parental benefits. Parents can choose to claim extended parental benefits only if their child was born or placed with them for the purpose of adoption on or after December 3, While employees now have the option to receive parental benefits for an extended period of time, that time may not coincide with the length of leave that they are entitled to under employment standards legislation. The lengths of maternity leave and parental leave are set out in the Canada Labour Code for employees working for federally regulated employers. For those working for provincially regulated employers, the lengths of maternity leave and parental leave are set out in the applicable provincial employment standards legislation. Canada Labour Code changes The Canada Labour Code (the Code ) was amended, effective December 3, 2017, to extend the length of parental leave that can be taken by an employee working for a federally regulated employer. These employees can now take up to 63 weeks of unpaid parental leave. While the Code provides for up to 17 weeks of maternity leave, subject to certain exceptions, the total amount of maternity and parental leave that may be taken cannot exceed 78 Provincial changes Alberta Alberta s Employment Standards Code was amended, effective January 1, 2018, to extend the lengths of maternity and parental leaves that can be taken by an employee working for a provincially regulated employer in Alberta. Maternity leave has increased from 15 to 16 weeks and parental leave has increased from to 37 to 62 weeks, making the total amount of maternity and parental leave that may be taken 78
2 Ontario Ontario s Employment Standards Act was amended, effective December 3, 2017, to extend the length of parental leave that can be taken by an employee working for a provincially regulated employer in Ontario. The entitlement to parental leave has increased from 35 weeks to 61 weeks for birth mothers who take pregnancy leave, bringing the total amount of pregnancy and parental leave that may be taken to 78 For all other new parents, parental leave has increased from 37 weeks to 63 How your employees benefit coverage is affected Please refer to the Maternity, Parental and Adoption Leave Guideline below for details on the legislated length of maternity and parental leave and benefit coverage. Maternity, parental and adoption leave guideline For the purposes of this guideline, maternity and pregnancy leave are used interchangeably. This guideline contains general information only and is not legal advice. The content of this guideline is based on information available at the time of its publication and is subject to change. Efforts have been made to ensure the accuracy of the information contained in this guideline; however, it may contain errors or omissions or become out of date following its publication. There may be factors, such as the plan member s health, occupation, or job seniority, which affect his/her entitlement to benefits during maternity, parental or adoption leave. We encourage you to review with your plan administrator and member to discuss their and your obligations, choices and handling during maternity, parental or adoption leave. Jurisdiction & legislation Federal Canada Labour Code, RSC 1985, c L-2 Type of leave and maximum leave entitlement Qualifying period is six months. Effective December 3, 2017, maximum parental leave was increased from 37 to 63 Effective December 3, 2017, the maximum adoption leave entitlement was also increased from 37 to 63 Employee/Employer choices offered by Great-West Life regarding benefit continuation continue the benefits coverage, the current premium contribution
3 Alberta Employment Standards Code, RSA 2000, c E-9 British Columbia RSBC 1996, c 113 Effective January 1, 2018 the qualifying period was shortened from 52 weeks to 90 days. Effective January 1, 2018 maternity leave was extended from 15 weeks to 16 Effective January 1, 2018 parental leave was extended from 37 weeks to 62 Effective January 1, 2018 adoptive leave was extended from 37 weeks to 62 No qualifying period. weeks; 35 weeks if pregnancy no coverage. The plan member must follow your choice. continue the benefits coverage, the current premium contribution If the plan member chooses not to continue premium contributions, it remains your choice as the plan sponsor if you want to continue premium contributions for benefit coverage for that plan member. As the plan sponsor, you must continue to make payments for benefits coverage that are 100% plan sponsor paid. Manitoba The Employment Standards Code, CCSM c E110 Qualifying period is seven months.
4 New Brunswick SNB 1982, c E-7.2 Newfoundland and Labrador Labour Standards Act, RSNL 1990, c L-2 Northwest Territories SNWT 2007, c 13 Nova Scotia Labour Standards Code, RSNS 1989, c 246 Nunavut Labour Standards Act, RSNWT (Nu) 1988, c L-1 No qualifying period. Maximum child care leave, which includes leave for adoption, is 37 weeks; 35 weeks if maternity Qualifying period: 20 Pregnancy leave 17 Adoption leave 17 Parental leave 35 Qualifying period is 12 months. Maximum parental leave entitlement is 37 weeks; 35 weeks if pregnancy leave is also taken. Qualifying period is one year. Maximum parental leave is 52 weeks; 35weeks if pregnancy Adoption leave is 52 Qualifying period is 12 months. weeks; 35 weeks if pregnancy The plan member must pay all premiums unless you, as the plan sponsor, choose to contribute. no coverage. The plan member must follow your choice.
5 Ontario RSO 1990, c E.14 Qualifying period is 13 Effective December 3, 2017 the maximum parental leave increased from 37 weeks to 63 weeks, and from 35 weeks to 61 weeks if pregnancy leave is also taken. Effective December 3, 2017, adoption leave has also increased, from 37 weeks to 63 continue the benefits coverage, the current premium contribution If the plan member chooses not to continue premium contributions, you, as the plan sponsor must continue to make payments for life, AD&D, health and dental benefits coverage if they are 100% plan sponsor paid. It remains your choice, as the plan sponsor, if you want to continue premium contributions for other benefits coverage for that plan member. Prince Edward Island RSPEI 1988, c E-6.2 Quebec An Act Respecting Labour Standards, CQLR c N-1.1 Qualifying period is 20 Parental leave 35 weeks, 35weeks if pregnancy leave is also taken. Adoption leave is 52 No qualifying period. Maternity leave is 18 Paternity leave (father) is five Parental leave is 52 Adoption leave is 52 The plan member must pay all premiums unless you, as the plan sponsor, choose to contribute. The plan member must continue healthcare benefits, including drugs. The plan member may also choose to continue all other benefits or all other benefits except disability. continue benefits coverage, the current premium contribution
6 Saskatchewan The Saskatchewan Employment Act, SS 2013, c S-15.1 The Employment Standards Regulations The Yukon RSY 2002, c 72 Qualifying period is 20 Maternity leave/adoption leave is 18 weeks; 34 weeks if maternity or adoption Qualifying period is 12 months. The plan member must pay all premiums unless you, as the plan sponsor, choose to contribute. For more information Contact your Great-West Life group representative. The content of this GroupLine is for general use and informational purposes only. It is not intended to be legal or tax advice. The content of this GroupLine is based on information available at the time of publication, which is subject to change. Efforts have been made to ensure the accuracy of the information contained in this GroupLine. However, it may contain errors or omissions or become out of date following publication.
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