The Employer’s Legal Duties Around Parental Leave in Canada

In Canada, parental leave is a right that is secured by the law and is given to the employees who are eligible to spend some time with a newborn child or an adopted child. The legal obligations that are associated with this kind of leave should be known by the employer in order to prevent liability and stay afloat with the employment standards law. Although it may change depending on the province or territory, there are shared responsibilities that are applicable in all parts of Canada that every employer must be conversant with.
Eligibility Requirements
The first step that employers need to undertake is to know who is entitled to parental leave. Eligible employees are those that have worked with the organization long enough to qualify according to the stipulated provincial or federal laws. The period may be several months of continuous employment, which in the majority of cases is not less, but the time period may vary. An employer has no opportunity to reject parental leave when the employee corresponds to the requirements set by law.
Both mothers and fathers have parental leave, and adoptive parents can get parental leave. It differs with maternity leave that is applicable to birth mothers alone. The legislation assures that the employees who are fit to have time off their work to bond with and take care of their baby should not fear that they are being deprived of their jobs or other benefits of the position they are in. These protections do not represent a choice, but a requirement that employers must acknowledge.
Duration of Leave
Parental leave differs in length depending on the jurisdiction but in most provinces employees are allowed to take up to 61 or 63 weeks. In the federal employment standards, the entitlement may be up to 63 weeks. The employers must not deny employees the full value of the legal leave. They cannot coerce the employees to reduce their leave or go back earlier.
Workers do not have to utilize full leave. They have the option of coming back earlier, however in this case the employers are bound to put them back as per the law. Employers should also remember that parental leaves can be shared by both parents and this can lead to more than one employee taking leaves in the same working place at the same time or at different times.
Job Protection
One of the major roles of the employer is the need to safeguard the employment of the employee when he or she is on parental leave. Employees are required to be restored to the same job they were doing before the leave or even where there is no job, then a similar job with the same salary and benefits. Otherwise, it may be wrongful dismissal or discrimination.
The employers must also provide that the employees who are on leave keep receiving benefits as though they were working. Some of the entitlements that should not be eroded include pension contributions, health benefits and seniority. The role of consulting an employment lawyer Calgary can assist the businesses in making sure that they are complying with all the requirements of the provincial and federal laws.
Compensation and Benefits
Employers are not expected to give payment to the employee on parental leave, but the employee can get employment insurance by the federal government. Employers are required to furnish the records of employment when they are needed to enable the employees to make claims of these benefits. Any failure to deliver documentation on time may cause legal and financial problems.
Other employers opt to provide top up benefits that are additional to the employment insurance benefits. Provided that there are such arrangements, they should be administered by the employer in good faith and in line with the employment agreement or employment policy. Any effort to evade or modify such commitments when one goes on parental leave may put the employer in a bad position.
Non Discrimination and Accommodation
Employers should respect and treat employees who take parental leave equally and fairly as those who do not take parental leave. It prohibits any type of discrimination or negative treatment associated with the decision of an employee to take leave. As an illustration, refusal to consider an employee on leave to be promoted may result in a discrimination lawsuit.
Another relevant responsibility is accommodation. Returning employees who have been on leave can seek flexible work arrangements and although the employer is not always bound to agree to all the requests, he/she has to treat them in good faith. It is usually advisable to consult an employment lawyer so that accommodation practices are not against human rights acts.
Parental leave is a key safeguard or significant provision to Canadian workers and a thorny challenge to the employers. In comprehending eligibility, time period, employment securities, pay and shelter provisions, employers can not only be in line with the law but also assist their employees. Acting proactively to fulfill these obligations has the effect of minimising legal risk, as well as creating a positive and inclusive workplace culture.
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