Maternity Leave Ontario 2019 Calculator

Use this calculator to determine your maternity leave entitlement in Ontario for 2019. The Ontario Maternity Leave Act provides up to 18 weeks of leave for eligible employees. This tool helps you understand your rights and calculate your potential leave duration and pay.

How Maternity Leave Works in Ontario (2019)

The Ontario Maternity Leave Act was introduced in 2007 and provides eligible employees with paid time off to care for a new child. In 2019, the legislation remained largely unchanged from its 2007 version, though some employers may have implemented their own policies that extended benefits.

Key Points: Maternity leave is separate from parental leave. It applies to employees who have given birth or adopted a child. The leave is paid through the Employment Standards Act (ESA) and the Ontario Maternity Leave Act.

Legal Framework

The primary legislation governing maternity leave in Ontario is:

Ontario Maternity Leave Act: Establishes the right to maternity leave
Employment Standards Act: Specifies pay requirements during leave
Human Rights Code: Protects employees from discrimination

Employer Obligations

Under the 2019 legislation, employers must:

Provide up to 18 weeks of maternity leave
Pay employees at least 55% of their regular wages during the leave
Allow employees to return to work on the same terms
Not retaliate against employees who take leave

Eligibility Requirements

To qualify for maternity leave in Ontario (2019), employees must meet several criteria:

Eligibility Criteria:

Must be employed by an Ontario employer
Must have worked for the employer for at least 52 weeks in the 12 months before the expected due date
Must have given birth to a child or adopted a child
Must have worked for the employer for at least 26 weeks in the 52 weeks before the expected due date

Work Requirements

Employees must have worked a minimum number of hours to qualify:

At least 80 hours in any 52-week period
At least 1,040 hours in the 52 weeks before the expected due date

Exemptions

Certain employees are exempt from the leave requirements:

Employees who have worked for the same employer for less than 52 weeks
Employees who have not worked the required hours
Employees who are not eligible under the Human Rights Code

Leave Duration and Pay

The maternity leave entitlement in Ontario for 2019 includes:

Leave Duration: Up to 18 weeks of leave

Pay Entitlement: At least 55% of regular wages during the leave period

Leave Period

The leave period typically begins:

14 weeks before the expected due date for a birth
14 weeks before the adoption date for an adoption

Pay Calculation

Employees are entitled to receive:

At least 55% of their regular wages during the leave period
Any benefits provided by the employer (such as health benefits)
Return to the same or equivalent position upon return

Example Calculation

For an employee earning $50,000 per year (approximately $961.54 per week):

Regular weekly wage: $961.54
Maternity pay: 55% of $961.54 = $528.84 per week
Total for 18 weeks: $528.84 × 18 = $9,519.12

How to Apply for Maternity Leave

The process for applying for maternity leave in Ontario (2019) includes several steps:

Step 1: Notify Your Employer

Employees should notify their employer at least 4 weeks before the expected due date or adoption date.

Step 2: Complete Leave Application

The employer must complete a Maternity Leave Application form and provide it to the employee.

Step 3: Medical Certification

In some cases, employees may need to provide medical certification for the birth or adoption.

Step 4: Approval and Pay

Once approved, the employer must pay the employee at least 55% of their regular wages during the leave period.

Important: Employees should keep all documentation related to their maternity leave for their records.

Frequently Asked Questions

How many weeks of maternity leave am I entitled to in Ontario in 2019?

You are entitled to up to 18 weeks of maternity leave under the 2019 legislation.

What percentage of my wages will I receive during maternity leave?

You are entitled to at least 55% of your regular wages during the leave period.

Can I take maternity leave if I adopt a child?

Yes, you can take maternity leave if you adopt a child, but the leave period begins 14 weeks before the adoption date.

What happens if my employer denies my maternity leave?

If your employer denies your leave, you can file a complaint with the Ministry of Labour or take legal action.

Can I return to work part-time during my maternity leave?

Yes, you can return to work part-time, but your employer must provide you with reasonable notice and may need to approve your return.