Paternity leave in Canada 101

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Paternity leave in Canada 101

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While most of us are well-acquainted with maternity leave, and with the profound importance of a mother's ability to take time off to bond with her newborn or adopted child, it's only in recent years that the conversation around the importance of paternity leave has gained momentum and garnered attention. Paternity leave allows new fathers to take time off work to bond with their newborns, be more involved in childcare, and ease the burden on their partners during the early stages of parenthood. All in all, paternity leave leads to stronger family bonds and better work-life balance for both parents. 

As of March 2019, all Canadian parents have 40 weeks of parental leave, 5 of which are specifically meant for fathers. 

 

Who is eligible? 

Any father or father-to-be who is an employee covered under federal or provincial employment standards and who has worked for their employer for a minimum qualifying period—usually around 13 consecutive weeks—is eligible for paternity leave. Paternity leave can be paid or unpaid, depending on the employer's policy.  

Employment Insurance (EI) parental benefits, on the other hand, provide guaranteed financial support to fathers during this leave. All new dads are eligible for paternity leave as long as they have accumulated at least 600 insurable work hours in the past 52 weeks or since their last EI claim. Additionally, they must experience a reduction in their normal weekly earnings by more than 40% due to taking parental leave. 

 

How long is paternity leave in Canada? 

Parental benefits are paid for a maximum of 35 weeks shared between parents as they see fit, plus 5 additional weeks of "daddy days," which are relegated specifically to fathers and which can be taken at the same time as the mother's leave if the family so chooses.  

A father's choice to take paternity leave (or not) in no way affects the duration of a mother's maternity leave. Their leave times are always treated separately. 

It's important to note that while the 40 paid weeks can be taken consecutively or intermittently, they must be taken within 52 weeks of the birth or adoption of the child. 

If, however, your family opts for extended rather than standard parental benefits, parents get to share a maximum of 61 weeks rather than 40, with an additional 8 weeks of "daddy days," also to be taken consecutively or intermittently. This form of leave has a time limit as well, and must be paid out within 78 weeks of the birth or adoption of the child. 

 

How does paternity leave work? 

To apply for paternity leave, fathers must inform their employers of this intention at least four weeks' in advance.  

Applying for EI parental benefits through Service Canada is the next step, either online or in person. Every applicant is asked to provide their Record of Employment (ROE) along with other relevant documents.  

When filling out the application, one must choose between standard parental benefits and extended parental benefits. This choice determines the number of weeks (as outlined in the previous section) as well as the weekly amount to be paid out. If parents are sharing the leave, they must both choose the same option and submit their applications separately.  

Successful applications will be paid the following biweekly benefits: 

The weekly benefit rate for standard parental benefits is 55% of the parent's average weekly insurable earnings, up to a maximum of $650 a week before taxes. 

The weekly benefit rate for extended parental benefits is 33% of the parent's average weekly insurable earnings, up to a maximum of $390 a week before taxes. 

 

What Canadian employers should know about paternity leave 

Canadian employers are legally obligated to provide job protection to fathers taking paternity leave, ensuring they can return to their same position or a comparable one after the leave ends.  

Employers must not penalize or discriminate against employees for taking paternity leave and are required to continue providing benefits such as health coverage during the leave period. While the company itself is not mandated to provide paid leave, employers must comply with the provincial or federal employment standards governing unpaid leave along with any collective agreements in place. 

Here are a few helpful tips for employers interested in offering meaningful support to their employees as they take paternity leave:  

• Create a clear parental leave policy: prioritize creating a well-defined and accessible parental leave policy that outlines eligibility, procedures, and benefits, along with employee rights and obligations. 
  
  
• Champion open communication: schedule regular check-ins with your employee before, during, and after their leave to provide support, discuss transition plans, and ensure a smooth return to work. 
  
  
• Offer flexible return options: to ease the transition back, consider offering flexible work arrangements such as reduced hours or remote work options to help employees balance their new family responsibilities. 

What employees should know about paternity leave in Canada? 

Employees taking paternity leave in Canada are entitled to job protection, AKA the right to return to their same or an equivalent position after the leave ends. They also have the right to continue receiving employer-provided benefits, such as health insurance, during the leave. Additionally, fathers may be eligible for paid parental benefits through EI, at least for a portion of their leave.  

Employees on paternity leave are also protected from any form of discrimination or retaliation for choosing to take leave. They have the right to accrue seniority and pension benefits while away, just as though they were still working. 

Here are some helpful resources available to employees seeking information on paternity leave across Canada: 

• Service Canada: provides detailed information on EI parental benefits, including application procedures and eligibility criteria. Their website and customer service can assist with specific questions related to paternity leave. 
  
  
• Employment and Social Development Canada (ESDC): provides resources and publications on employment standards and workplace rights, including information on parental leave and support services. 
  
  
• Provincial or Territorial Employment Standards Offices: each region has its own office or online resource offering information on local employment standards, including paternity leave entitlements and rights. 

Here are a few tips for employees to help with planning for paternity leave as well as returning to work:  

• Plan ahead and communicate early: to ensure a smooth transition, notify your employer as early as possible about your paternity leave plans. Discuss your leave schedule, responsibilities, and any potential impact on your team to allow for proper planning. 
  
  
• Prepare financially: review your budget and be sure you understand the financial implications of taking paternity leave, including how EI benefits can offer support. If at all possible, save in advance to cover any gaps between your regular income and your benefits. 
  
  
• Develop a re-entry plan: before returning to work, outline a reintegration plan, including any flexible work arrangements you may require. Be in touch with your employer during your leave to stay current on any changes and to ensure a smooth return! 
  

Provincial and territorial resources for parental leave 

Each province and territory has laws that protect a father's right to time with his new baby or adopted child.  

Fun fact: since 2006, Quebec has been Canada's most paternity friendly region. Roughly 84% of fathers take advantage of parental leave policies—compared with just 11% of fathers in the rest of Canada. 

Here is a basic breakdown offering each province and territory's official resources, as well as the most notable features of their parental leave policies. 

Conclusion

In conclusion, at PurelyHR, we believe that paternity leave is a crucial element in promoting a more balanced and inclusive workplace. By providing new fathers the opportunity to take time off to bond with their newborns, support their partners, and fully engage in the early stages of parenthood, paternity leave not only strengthens family dynamics but also fosters a more equitable division of caregiving responsibilities. As paternity leave becomes more widely embraced across Canada, it plays a pivotal role in enhancing work-life balance and creating more supportive, family-friendly workplaces.

For employers, providing clear, flexible paternity leave policies not only ensures compliance with federal and provincial regulations but also helps to retain top talent and boost employee morale. Actively supporting new fathers by offering flexible return-to-work options, maintaining open lines of communication, and ensuring job protection during and after their leave not only benefit individual employees but also contribute to building a workplace culture that values family and well-being.