Reposted with permission of Lexology. So, employers and employees in BC need to know – what is the law and what has changed? Terms and conditions of employment protected, Section 54 provides that an employer cannot terminate an employee or change a condition of employment without the employee's written consent as a result of a leave under this Part. However, EI and parental allowance benefits end 52 weeks for standard parental leave or 78 weeks for extended parental leave after the birth. The right to parental leave under this Part is available to all eligible employees regardless of how long they have been employed. Any voluntary agreements for extended leave, and any federally regulated employers and employees, should consider the following potential issues arising from the longer leave: the effect on any agreement to provide top-up pay during the leave, possible impacts on vacation accrual, and the employer and employee obligations to maintain their share of any benefit payments during the leave. (a) for a parent who takes leave under section 50 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 61 consecutive weeks of unpaid leave, which must begin, unless the employer and the employee agree otherwise, immediately after the end of the leave taken under section 50, A child who is still in hospital or in a foster home is not considered to be placed with the parent, even though the parent may have custody. The Doctors of BC Parental Leave Program pays up to $1,000 per week for 17 weeks when you have a child, either by birth, adoption, or surrogacy. Benefits must be greater than $25 per week to be payable. This information is for BC Public Service employees. If you're combining parental leave with maternity leave, then your parental leave entitlement is either 35 consecutive weeks if you select the standard parental leave option, or 61 consecutive weeks if you select the extended parental leave option, beginning immediately after the end of the maternity leave. Please login to access member-only information such as TELUS offers, Club MD discounts and more. It is, for example, EI legislation that allows for the payment of, and potential splitting of, EI benefits to caregiving parents for a child up to what was a combined maximum of 35 weeks of parental leave. Employment, business and economic development, Birth, adoption, death, marriage and divorce, Birth, adoption, death and marriage reports, Environmental protection and sustainability, Emergency Preparedness, Response & Recovery, Maternity, Parental & Pre-placement Adoption, Benefits, Pension, Vacation Accrual & Payroll Deduction, Benefits, Pension, Vacation Accrual and Payroll Deduction, Maternity, Parental, Pre-placement Adoption Leave and/or Allowance Application (PDF, 167KB), Letter to Supervisor Advising of Maternity, Parental or Pre-placement Adoption Leave (DOCX, 41KB), Letter to Supervisor Advising of Return to Work after Maternity, Parental or Pre-placement Adoption Leave (DOCX, 40KB). Let your supervisor know if you choose to defer the allowance. The entitlement to crime-related disappearance of a child ends if the child is found dead. A declaration must be made online at My Account: To receive the PLP benefit, you must apply no later than 12 weeks after the child's date of birth or placement. The Law on Pregnancy and Parental Leave in BC. Advocating for better health and improved safety on behalf of British Columbians. Parental leave can begin any time within the 52 weeks for the standard parental leave or 78 weeks for the extended parental leave following the birth or adoption. In the case of a request for additional leave, the employer may ask for a certificate confirming the need for it. If both you and your partner are physicians, both of you can claim a benefit and take your leaves either together or consecutively. Not sure where to start your learning journey? Send a written request to your supervisor at least 4 weeks before the end of your leave. In general, you must have been working for your employer for at least a year to get the full amount of parental leave. The parental leave ends upon the death of the child as the parent is no longer caring for the child. This may be of interest if you aren't intending on taking the full 61 weeks of extended parental leave. (1) An employee who requests leave under paragraph (a), (b), or (d) of this subsection is entitled to. Two kinds of leave are available: maternity leave and parental leave. Adopting parent of a child placed or about to be placed with the parent for the first time. Government, see the maternity and parental leave information at Service Canada. This section explains who is entitled to parental leave, the length of the leave and how the employee must request the leave. Will a Biden Administration Push to Expand Paid-Leave Benefits? Click or tap to ask a general question about COVID-19. “Pregnancy leave” is one ESA provision that allows for up to 17 consecutive weeks of unpaid leave to an employee giving birth to a child. Our response to COVID-19 | Province-wide restrictions. Parental leave entitles parents to take unpaid leave from work to spend time looking after their children. (c) if required by the employer, be accompanied by a medical practitioner's certificate or other evidence of the employee's entitlement to leave. Since 1 September 2020, both parents can take up to 26 weeks parental leave. Examples of federally regulated employers are: banks; telecommunications and broadcasting companies; companies providing inter-provincial transportation including air, rail or marine transportation; pipelines; Crown corporations and uranium mining.

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