The City of Toronto provides pregnancy leaves to eligible employees in accordance with the Employment Standards Act.
This policy applies to all non-union employees and shall be administered in accordance with the Employment Standards Act.
Pregnancy Leave for Bargaining Unit Employees is available in accordance with their respective Collective Agreements.
| Bargaining Unit | Article |
|---|---|
| Local 79 Full Time Unit | 17.03 and 17.04 |
| Local 79 Unit B – Part time | 17.03 and 17.04 |
| Local 79 Long Term Care Homes Unit PT | 20.03 and 20.04 |
| Local 79 Part-Time Recreation Workers | 15.03 |
| Local 416 | 24.03 and 24.04 |
| TPFFA Local 3888 | 23.01 |
Note: EI benefits provided by the federal government and weeks of leave mandated by provincial legislation, referred to in this policy, are applicable to pregnancy leaves taken for children born on or after January 1, 2021.
An eligible employee is entitled to 17 weeks of pregnancy leave.
The leave may start up to 17 weeks before an employee’s expected date of delivery.
An employee must provide at least two weeks’ written notice before the start of the leave. The notice period is waived in the event of pregnancy complications or premature birth, however written notice is still required.
An employee must provide at least four weeks notice before returning to work from pregnancy leave.
An employee returning from pregnancy leave will return to her former position or a comparable position.
An employee who has a still-birth or miscarriage will be eligible for 12 weeks of pregnancy leave.
An employee receives no pay for the first two weeks of pregnancy leave.
Employees who are eligible for pregnancy benefits under the Employment Insurance Act may collect benefits for up to 15 of the 17 weeks of pregnancy leave. For 15 weeks, the city pays a top-up equal to the difference between the employment insurance benefit, plus any other earnings, and 85% of the employee’s regular pay. Employees must provide proof of the employment insurance payment to payroll. For children born prior to January 1, 2021 the top-up rate is 75% of the employee’s regular pay.
In accordance with the Employment Insurance Act, a mother intending to take a combined pregnancy and parental leave will make a selection for the length of parental leave at the start of the pregnancy leave for Employment Insurance purposes. This selection will be shared by and be applicable to both eligible parents.
Part-time employees are paid on the same basis as full time employees but the pay is pro-rated.
Basic benefits coverage continues during the 17-week pregnancy leave, for employees eligible for benefits. Employees are responsible for premiums that they would normally pay for such as group life insurance.
Benefits coverage for part-time employees continues to be pro-rated.
Service and eligibility for benefits, including sick pay accrual (where applicable) continue to accrue during pregnancy leave. However, the period of leave does not count towards completion of the probationary period.
An employee’s vacation entitlement is not affected by pregnancy leave.
If an employee wants to maintain pension service credits she must pay the employee’s pension contributions for the duration of the leave. The city will match these contributions.
City Council
July 28, 2020
July 29, 1999 by Human Resources
January 8, 2021
City Council Decision EX15.3 – July 28, 2020
Parental Leave
Childcare and Eldercare Leave
Part XIV Employment Standards Act RSO 2000.