Fertility and Maternity Employment Related Rights and Issues in Ontario

Canada Labour Code (applies to all Canadians)

An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request the employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child.

An employee who has made a request to modify her job functions or reassign her to another job is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the employer modifies her job functions or reassigns her, or informs her in writing that it is not reasonably practicable to modify her job functions or reassign her, and that pay shall for all purposes be deemed to be wages. The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable.

Ontario Employment Standards

It is illegal to fire, demote, or lay you off because you were, are or may become pregnant. You have an equal right to opportunities and promotions, regardless of the fact that you are planning to be pregnant, are pregnant, or were pregnant.

Your employer must make your environment free from discrimination. You have the right to be free from insulting comments about your pregnancy by your employer, co-workers, and even from clients.

Employers are required to accommodate women who have special needs (includes fertility treatments) because of pregnancy. The only exceptions to this rule are if what needs to be done is too difficult or expensive, or if it creates serious health and safety hazards.

A pregnant employee is entitled to unpaid pregnancy leave of 17 weeks whether she is a full-time, part-time, permanent or contract employee provided that she works for an employer that is covered by the Ontario Employment Standards Act, and was hired at least 13 weeks before the due date.

Employment Insurance Benefits

To be eligible for maternity or parental benefits one must show that:

regular weekly earnings have been decreased by more than 40%; and

600 insured hours have accumulated in the last 52 weeks or since the last claim.

To receive maternity or parental leave one must submit an EI application at your local Service Canada Centre.