Employers: How to support new parents and ensure compliance

Supporting employees before, during and after parental leave is essential not only for fostering a positive workplace culture but for legal compliance. Understanding eligibility, duration, benefits, return-to-work policies, and employee rights regarding parental leaves can help employers meet their obligations. 

Eligibility for Parental Leave

In Ontario, employees are eligible for parental leave if they have been employed with the same employer for at least 13 weeks before the expected date of the child’s arrival. Parental leave is available to both parents following the birth or adoption of a child, providing flexibility in managing their time off work.

Duration of Parental Leave

The duration of parental leave in Ontario allows for up to 63 weeks of job-protected leave. Under the federal Employment Insurance (EI) program, parents can choose between standard parental benefits (up to 40 weeks, with one parent taking a maximum of 35 weeks) and extended parental benefits (up to 69 weeks, with one parent taking a maximum of 61 weeks).

Parental Leave Benefits

During parental leave, employees may be eligible for EI parental benefits, which provide financial support based on a percentage of their average weekly earnings. Employers can guide employees on how to apply for EI benefits, and should issue the Record of Employment when an employee’s salary falls below 60% of regular weekly earnings. Additionally, some employers offer top-up benefits to supplement EI payments, demonstrating a commitment to employee well-being and aiding in retention.

Return-to-Work Policies

Clear return-to-work policies are essential. Employees should be able to return to their previous position with the same wages and benefits, or a comparable position if theirs no longer exists. Employers can consider implementing phased return-to-work plans, which might include flexible working arrangements such as part-time hours or remote work, to help employees transition back smoothly.

Employee Rights During Parental Leave

Employees on parental leave have rights, including job protection, accrual of seniority, and continued participation in benefit plans. Employers cannot penalize employees for taking parental leave or make their return conditional on changes to their employment status. It’s also important to recognize that employees may face unique challenges during and after parental leave, such as securing childcare or postpartum depression. Providing access to resources, such as employee assistance programs (EAPs), can help employees navigate these challenges effectively. Employers should also be mindful of the duty to accommodate employees on the basis of protected grounds, such as family status or disability. 

Best Practices 

  1. Develop Clear Policies: Ensure your parental leave policies are well-documented and accessible. Include information on eligibility, duration, benefits, and return-to-work procedures.
  2. Communicate Transparently: Maintain open communication with employees before, during, and after their leave. Provide necessary information and address any questions or concerns promptly.
  3. Offer Flexibility: Be flexible with return-to-work arrangements, considering options such as part-time hours or remote work to help employees balance their new responsibilities. Employers also need to ensure they are meeting their duty to accommodate the needs of employees on the basis of protected grounds such as family status or disability. 
  4. Provide Support Resources: Offer access to EAPs or other support services to assist employees with the transition to parenthood and their return to work.

 

By understanding and supporting the parental leave process, employers can create a more positive and productive work environment. Prioritizing parental leave support is not just about legal compliance; it’s about building a workplace where all employees feel valued and supported during one of the most important times in their lives. Have questions or need assistance? Reach out to us today to ensure you’re fully equipped to support your employees’ parental leave needs!

Share the Post:

Related Posts

December 31, 2026 AODA filing deadline for Ontario employers, displayed beside champagne glasses and gold New Year decorations

The Accessibility Deadline Many Ontario Businesses Don’t Know About: December 31, 2026

Ontario businesses and non-profits with 20 or more employees must file an AODA accessibility compliance report by December 31, 2026. Before certifying compliance, employers should confirm their headcount, complete required training, review accessibility policies and plans, address gaps, and file early. SpringLaw explains the deadline, key requirements, and practical steps Ontario employers should take now, before they file.

Read More »
Canadian flag displayed in front of a government building, representing proposed federal labour law reforms under Bill C-39 and changes to the Canada Labour Code.

Federal Bill C-39: Major Changes Proposed for Federal Labour Relations 

Federal Bill C-39 proposes major changes to the Canada Labour Code that could reshape labour relations for federally regulated employers and unions. From expanded government intervention during strikes and lockouts to new collective bargaining rules and mediation processes, these reforms may significantly impact workplace disputes, collective agreements, and the balance between protecting workers’ rights and the national economy.

Read More »
Person working remotely on a laptop beside a swimming pool, illustrating remote worker management, employee accountability, and flexible work arrangements.

Remote Worker Management: Accountability without Constant Check-Ins 

Managing a remote team doesn’t require constant check-ins. Effective remote worker management comes from clear expectations, transparent systems, and trust. Learn how to create accountability, improve collaboration, and measure results without micromanaging employees. Discover practical strategies to build a productive remote workforce that stays aligned, engaged, and focused on outcomes rather than online presence.

Read More »

Contact Us

Thank You For Your Interest. Kindly Complete The Form Below. Our Client Services team will be in touch with further information about our fees and intake process.
[grow-contact-form]