Ontario Expands Pregnancy and Parental Leave Under Bill 229

Ontario employees will soon benefit from expanded pregnancy and parental leave provisions under Bill 229, the Working for Workers Six Act, 2024. The legislation, which received Royal Assent on December 19, 2024, will bring notable changes to the Employment Standards Act, 2000. While the effective date is yet to be announced, employers must begin preparing for compliance.

Key Changes to Pregnancy and Parental Leave

1. Extended Pregnancy Leave
Under the current provisions, employees are entitled to 17 weeks of unpaid pregnancy leave, which may begin no earlier than 17 weeks before the due date and no later than the birth date. Employees who experience a miscarriage or stillbirth within this period remain eligible, with leave ending on the later of either 17 weeks after the leave began or 12 weeks post-miscarriage/stillbirth.

2. Longer Unpaid Parental Leave
Following pregnancy leave, employees are now entitled to 61 weeks of unpaid parental leave, an increase from the previous 63-week total for those who did not take pregnancy leave. This means that new parents must commence their parental leave within 78 weeks of the child’s birth or adoption.

3. Employee Eligibility
Employees qualify for pregnancy leave if their due date is at least 13 weeks after their first day of employment. Similarly, eligibility for parental leave requires 13 weeks of employment before taking leave.

4. Employer Notification Requirements
Employees must notify their employer at least two weeks in writing before starting their pregnancy or parental leave. If an employee stops working earlier than planned, they must notify their employer within two weeks of stopping. Additionally, employees can extend their leave by providing four weeks’ written notice before the new end date.

Employers are permitted to request a medical certificate confirming pregnancy, miscarriage, or stillbirth, which can be provided by a physician, midwife, or nurse practitioner.

Frequently Asked Questions (FAQs)

1. When will the changes under Bill 229 take effect?
The effective date has not yet been announced. Employers should stay updated to ensure compliance as soon as it is implemented.

2. Can an employee take both pregnancy and parental leave?
Yes. Employees who take pregnancy leave can also take parental leave, which will begin immediately after the pregnancy leave ends.

3. How much notice does an employee need to provide before starting leave?
Employees must provide at least two weeks’ written notice before beginning their pregnancy or parental leave.

4. What happens if an employee needs to extend their leave?
Employees can extend their leave by providing four weeks’ written notice before their original end date.

5. Can an employer request proof of pregnancy or miscarriage?
Yes. Employers may request a medical certificate from a physician, midwife, or nurse practitioner to confirm eligibility for pregnancy leave.

6. How long do employees have to start their parental leave after birth or adoption?
Employees must begin parental leave within 78 weeks of the child’s birth or adoption.

7. What should employers do to comply with these changes?
Employers should review their HR policies, update leave documentation, and ensure proper communication of these changes to employees.

Employer Considerations & Next Steps

With these changes, Ontario employers must update their HR policies, leave procedures, and employee handbooks to reflect the new leave entitlements. Ensuring compliance with Bill 229 will require reviewing parental leave policies and communicating updates to employees.

Contact Our HR Experts

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