If you are caring for a newborn – whether you are the one giving birth or not, including adoptions – you have access to parental leave and other supports to maximize your time with your baby and make this transition as smooth as possible.
Taking Leave from Your Employment
All parents can take paid time off on the occasion of the birth or adoption of a child. The length of your leave depends on whether you carried the pregnancy. You can have additional unpaid time off to care for a new child.
Paid Leave for a Pregnant Parent
If you are pregnant, you are entitled to 17 weeks of paid leave. In order to get approved for this leave, you will need an Estimated Date of Delivery (EDD) letter from your medical practitioner.
At least one month before the start of your leave, you will need to email your hiring unit(s) to request your leave. Indicate the dates of your leave, that it is a paid leave, and attach your EDD letter. If you are planning to apply for Employment Insurance (see below), you will also need to indicate this in your request. If you contact union staff, we can give you a template email or general guidance on what to include.
It’s recommended to put in your leave request as soon as is practicable. If there are complications and you have to take additional time off before the scheduled start of your leave (e.g. ordered on bed rest), you can request a medical leave of absence starting immediately up until the EDD; there is no need to start your parental leave early.
Paid Leave for All Other Parents (Including Adoptions)
If you are taking on responsibility for a newborn where you are not the pregnant parent, including in cases of adoption where the child is less than 5 years old, you are entitled to 12 weeks of paid leave.
At least one month before the start of your leave, you will need to email your hiring unit(s) to request your leave. Indicate the dates of your leave, that it is a paid leave, and attach the pregnant partner’s Estimated Date of Delivery (EDD) letter or letter of adoption. If you are planning to apply for Employment Insurance (see below), you will also need to indicate this in your request. If you contact union staff, we can give you a template email or general guidance on what to include.
A Note for When Both Parents are Members
In situations where two parents of a newborn child are members of CUPE 3903 entitled to paid parental leave, you may choose to share your leave entitlement between the two of you.
A shared leave will need to be processed by Faculty Relations. Contact union staff and we will facilitate your leave request.
Unpaid Time Off for All Parents
Our current collective agreements say that the pregnant parent is entitled to 35 weeks and all other parents to 20 weeks of total time off, including the paid leave. However, Ontario’s Employment Standards Act guarantees all employees up to 61 weeks of unpaid parental leave in addition to pregnancy leave. When submitting your leave request, be sure to clearly indicate your leave’s end date.
Employment Insurance and Parental Leaves
If you are eligible for maternity or parental leave Employment Insurance (EI) payments, your paid York parental leave can act as a top-up to your EI payments.
In order to take advantage of this, you must:
- Be eligible for EI, i.e. meet the minimum number of insurable hours and have decreased income by at least 40% once you start your leave.
- Include in your request to the employer that you intend to apply to EI and request the York portion as a top-up. Your request must be for at least 8 months of total leave.
- Apply to EI and be approved.
- Once you are approved, send your confirmation of approval to your hiring unit, who will process it with payroll so that your payments can begin.
The work threshold to qualify for EI may change but is currently 600 hours. All members are strongly encouraged to contact EI directly to receive confirmation of their eligibility and how much they can expect to receive. Unit 1 and 3 members do not usually have enough insurable hours to qualify for EI, unless they have work outside of York that can help them qualify. One full course directorship is the equivalent of 535 insurable hours and one full teaching assistantship is the equivalent of 357 insurable hours.
Health Benefits and Parental Leaves
Your health benefits should continue uninterrupted for the full duration of your leave. If you are cut off by error, contact union staff as soon as possible.
What if I Need to Extend my Leave?
Contact the hiring unit as soon as possible and let them know your anticipated return to work date. Be sure to phrase your request so that it is clearly an extension of your current leave, so that your current health benefits coverage is maintained.
Returning From Leave
Don’t forget to submit your blanket application the January preceding your return from leave. You may also want to email your hiring unit to remind them that you are returning and available for work. If you are a Unit 1 member, your Priority Pool entitlement and Right of First Refusal should continue as before your leave. Contact the union if you don’t receive an offer of employment for your return in a timely fashion.
Be sure to enroll your child as a dependent under your health benefits, and apply to the Childcare Fund or childcare subsidies.
Taking Leave From Your Studies
For graduate students, taking a paid leave from your employment does not automatically trigger a leave of absence from your studies. Academic leaves can be taken for one semester at a time, i.e. usually you can’t take academic leave for half a semester. You can take up to five semesters of leave as a new parent.
You will need to submit your petition for an academic leave through the FGS petition portal ideally at least 6 weeks before the start of the term in which you want to take leave. Your graduate program should be able to assist you with the petition portal, but feel free to reach out to the union if you encounter any problems.