The 101 On Maternity Leave: Your Can’t Miss Guide
Congratulations on your new job! You probably feel wildly under-qualified and unprepared, but all your predecessors would agree that’s normal. Word is the boss is tough and you should expect long hours and crying due to a total lack of communication skills. Also, did you realize they’re moving in with you? Despite all this, you’re going to love each other. Welcome to impending parenthood!
The intersection of parenthood and career is a confusing place. To get you started on a successful talk with your employer, I’ve put together a list of essential questions so you can focus on the big changes to come while having peace of mind about work.
When should I tell work I’m pregnant?
This is more a question for you than for HR. The answer is whenever you feel ready! It’s never too early to share your joy, your apprehension, your mixed emotions…whatever you’re feeling.
Professionally speaking, the three guidelines I would recommend are:
Make sure your employer hears it from you first (beware coworkers who may gossip)
Tell sooner if you need workplace accommodations for your safety or health
Keep your best interests in mind. For example, if you are applying for a promotion or asking for a pay increase you may wish to make your announcement afterwards.
Pregnancy and being a parent are protected grounds under BC’s Human Rights Code, falling under ‘sex’ and ‘family status’ respectively. This means that discrimination like denying or restricting employment opportunities in hiring, promotions, transfers or paying someone less because of a person's pregnancy goes against the Code. Pregnancy may also impact a person's health. Human rights law requires that employers accommodate, to the point of undue hardship, the health-related consequences of pregnancy. Knowing this, discussions of maternity leave with HR should be forthright and straightforward. However, we operate in an imperfect world where there are biases that could affect you as a pregnant person in the workplace. While most employers wish you nothing but the best, it bears keeping in mind that your interests do not always align with those of your employer.
What paperwork do I need to fill out?
Companies may have various forms to complete, but the main information your employer needs to know is when will your leave start and end.
If you qualify for EI, you can currently choose to start your EI maternity leave as early as 12 weeks before your due date. It may be even earlier if you are required by your doctor or midwife to take sick leave before maternity leave. For adoptive parents, EI benefits do not start until the child is placed with you as you are eligible for parental leave but not maternity leave.
For length, you can currently choose between the 12 (standard) or 18 (extended) months of leave (combined maternity leave and parental leave). Both would net you the same amount in terms of payments, just over a longer or shorter timeline. Sharing the leave with a partner can also affect the length. Note that you must decide at the time of your EI application between standard or extended leave and you cannot change options later. You can always choose to return to work earlier, but earnings would affect your EI payments.
Submit your EI application only after your last day of work. Your employer will either provide you with your ROE (record of employment) or submit it directly to Service Canada on your behalf. For more information visit https://www.canada.ca/en/services/benefits/ei/ei-maternity-parental/apply.html.
Can I take additional time off?
Maternity and parental leave via EI have maximum lengths, but your employer may offer you paid or unpaid additional leave. Find out too if you are required to use vacation days. Working with HR to customize a plan and knowing your options in advance will give you peace of mind should you want or need extra time away from work.
Does the company “top up”?
Some employers may offer supplemental payments (called topping up) above the amounts offered by EI. If offered, there may be a minimum number of years of employment before you are eligible.
How will my performance review be handled?
Performance reviews are important progress markers and integral when applying for promotions or negotiating pay increases. Ask for your review to be conducted prior to the beginning of your leave so that you don’t miss out.
How will my compensation be affected?
Consider how things like wage increases and bonuses work at your company. Many offer increases at certain times of the year when you will likely be on leave, so talk with HR about how your pay will increase proportionately with that of your coworkers. If you receive bonuses or other forms of compensation, discuss if you will receive the full amount or if it will be pro-rated.
How are my benefits and vacation handled while on leave?
Per the Employment Standards, you should continue to receive the same benefits that you would normally receive while on leave. Depending on your benefits structure, you might be paying for a portion through payroll deductions. Find out if you need to make any special arrangements. Don’t forget about other benefits like pension contributions or RRSP matching. This would also be a good time to ask how to add your new baby to your health benefits plan.
Vacation is typically based on years of service and accrues as you work as a percentage of your earnings. Employers must continue to calculate length of service as they normally would if you were working but you likely will not accrue paid time off while on leave since you do not have earnings. However, be sure to clarify this with HR as companies can have different policies on vacation accrual and usage.
How will the company cover my duties while I’m away and how can I contribute to the transition?
Work with HR and your team to decide how to distribute your workload. This may mean coworkers taking on your tasks or hiring a new team member. Be prepared to help with creating “how-to” documents or training existing and new team members, especially if you work in a specialized role or leadership position.
Can we sign an agreement?
Consider drafting a maternity leave contract. This is a written agreement between you and your company that spells out the agreed upon terms of your leave, specific to you. This could be especially helpful if you have special circumstances outside of the company’s regular maternity leave policy. If HR prefers not to have a formal contract, I would recommend that you send an email to HR and your manager after your meeting to put down in writing the terms you agreed upon. This way you all have a date stamped copy of what was discussed.
How can I stay connected during my leave?
Establish who will be your contact person while you are away. Discuss with them how often you should check in with each other, who will initiate contact, and ensure you have each other’s contact information. Once every 3-6 could be appropriate, and perhaps more frequently closer to your return to work.
Will you contact me with big news?
Adding onto the previous question, you deserve to be in the know on any major company changes. This would include any opportunities for promotion or transfer that interest you, as you should have the chance to apply, same as everyone else. Go over with your contact person what kinds of things you want to know so they can keep you in the loop.
How will my return to work be managed?
Returning to work after being home with a new baby is a transition like no other. While lots of things can change between now and the end of your leave, it is good to know how your company has managed past returns to work for your coworkers so you know what to expect.
Whether you plan to return to work or not, it could be in your best interest to wait until nearer to the end of your leave to inform your employer. Firstly you never know how things may change, and secondly, you wouldn’t want to miss out on any benefits or opportunities that could come your way.
Are there flexible work schedules?
Does your company offer fully or partially remote work options? Could you transition to part-time work to balance your new family life? Would a gradual return to work be possible, ramping back up to full time more slowly? Observe the work schedules of your colleagues and check your company policy. You don’t need to decide now, but knowing your options can help you plan for the future. Policies also change, so check again closer to the end of your leave.
Your maternity leave and return-to-work plan may look widely different than your peers. Exploring these questions will help you to understand your options so you can choose what’s right for you while minimizing work stress.
About Paige Atyeo
Paige Atyeo has been working in Tourism and Hospitality in Vancouver for over ten years. She started as a tour guide & bus driver and has since worked in hotels in Front Office, Sales, Events, and most recently Human Resources. Since the pandemic, she is also part owner of a small business in the Interior Design industry called Just Ask Eh. Paige is currently on maternity leave with her son and enjoys workout classes, bingeing Netflix, and walking her dog Pretzel in her Mount Pleasant neighbourhood.