The legislation entitles employees, who qualify, to a period of leave without pay at the end of which they must be reinstated in their old or equivalent job. With the introduction of parental leave and changes to maternity leave in early 2001, the duration of leave entitlement and the period of time for which EI benefits are available are very similar. This leave is available to parents of children born or adopted on or after December 31, 2000. Birth mothers can take up to 52 consecutive weeks of unpaid job-protected leave. This is made up of 15 weeks maternity leave and 37 weeks parental leave.
Adoptive parents can take parental leave regardless of the age of the adopted child.
Parental leave may be taken by one parent or shared between two parents but the total combined leave cannot exceed 37 weeks. Maternity leave can begin at any time within 12 weeks of the estimated date of delivery. Parental leave can begin at any time after the birth or adoption of the child but it must be completed within 52 weeks of the date a baby is born, or an adopted child is placed with the parent. The employee must be notified in writing. An employee, who takes both maternity leave and parental leave, must take the leaves consecutively.