Policy Statement

The City of Toronto is committed to supporting employees during pregnancy and the arrival of a child by providing pregnancy and parental leave top up benefit while on leave in accordance with the Employment Standards Act, 2000 (ESA) and receiving applicable Employment Insurance (EI) benefits.

Purpose

This policy outlines the City’s responsibilities and processes for managing pregnancy and parental leave top up benefits to eligible employees. It promotes consistent and equitable application across all divisions.

Application

This policy applies to all non-union employees and will be administered in alignment with the Ontario Employment Standards Act (ESA) and Service Canada Employment Insurance (EI) Benefits.

For all other employees, please refer to your Collective Agreement

CUPE Local 79 Full Time Article 17.03
CUPE Local 79 Part Time Unit B Article 17.03
CUPE Local 79 Part Time Recreation Article 15.03
CUPE Local 79 Part Time Long Term Care and Homes Article 20.03
Local 3888 Toronto Professional Firefighters Association Article 23
CUPE Local 416 Article 24.03

Definitions

Pregnancy Leave: Pregnancy and parental leave | Your guide to the Employment Standards Act | ontario.ca

Parental Leave: Pregnancy and parental leave | Your guide to the Employment Standards Act | ontario.ca

Standard & Extended Leave Benefits: EI maternity and parental benefits: What these benefits offer - Canada.ca

Eligibility for Pregnancy and Parental Top-Up Benefit Payments

The City of Toronto provides top-up benefit payments to employees who have been employed at least 13 weeks before their due date and who provide proof of eligibility for EI maternity and/or parental benefits from Service Canada.

Eligibility for top-up payments is assessed at the beginning of the leave. Employees in active continuous acting positions will be paid top up based on the rate of pay of their acting position.

Eligible non-union part-time employees will receive pro-rated top-up benefit payments. The top-up benefit payments are based on the employee’s average hours paid during the eight (8) pay periods before the leave begins.

Pregnancy Leave Top Up

Employees will receive top-up benefit payments for up to 15 weeks while in receipt of EI maternity benefits. The top-up benefit payment is calculated at 85% of an employee’s regular weekly base salary less the Employment Insurance weekly benefit.

Parental Leave Top Up

An employee who is eligible for parental leave and who requests and is granted parental leave shall be entitled, provided the employee is in receipt of Employment Insurance benefits pursuant to the Employment Insurance Act, S.C., 1996, c. 23, as amended, to the following Top Up benefit payments while on parental leave:

i. The employee will receive no top up payments for any applicable waiting period determined by Service Canada.

ii. For the remainder of such parental leave, and provided that the employee and the other parent of the newborn or newly adopted child have, pursuant to the Employment Insurance Act, elected to receive standard parental Employment Insurance benefits for up to thirty-five (35) weeks, the employee shall receive from the City top up benefits equal to the difference between eighty-five percent (85%) of the employee’s regular rate and the sum of the employe’s weekly standard parental Employment Insurance benefits and any other earnings, for each week of standard parental leave actually taken, for up to thirty-five (35) weeks.

iii. Should the employee and the other parent of the newborn or newly adopted child instead elect, pursuant to the Employment Insurance Act, to receive extended parental Employment Insurance benefits for up to sixty-one (61) weeks, the employee shall receive from the City top up benefits calculated by dividing the total dollar value of top up benefits available for a thirty-five (35) week standard parental leave by sixty-one (61) weeks and paid at 1/61 of the total dollar value for each week of leave actually taken, for up to sixty-one (61) weeks. The total dollar value of top up benefits available to employees who elect to take an extended parental leave shall in no circumstances exceed the total dollar value of top up benefits available for a thirty-five (35) week standard parental leave.

iv. The employee must advise the City of their parental leave election prior to the commencement of their parental leave.

v. Any future legislated increases to the duration of Employment Insurance benefits for parental leaves shall not result in any increased costs to the City, which shall be limited to the amounts set out above.

vi. Employees are not entitled to top up benefits except for the purpose of the supplementation of their unemployment insurance benefits for the period of unemployment.

Employment, Performance, Pension and Benefits

Performance Review

The performance review date for eligible non-union employees will not be impacted. Eligible employee’s whose salary is at the maximum of their current pay range, will be awarded a pay-for-performance lump sum, pro-rated by the actual time in the role during the performance review. Employee’s whose salary is below the maximum of their current pay range, will receive a base salary increase. This increase is not pro-rated unless the leave is greater than 3 months during the performance review period.

Probationary Period

The period of the employee’s pregnancy and/or parental leave will not be included in determining whether they have completed their probationary period.

Vacation Entitlement

Service continues to accrue during the entire pregnancy and/or parental leave for the purpose of vacation entitlement progression. Paid vacation will continue to accrue for up to 18 months of the pregnancy and/or parental leaves taken. Employees are encouraged to take excess vacation prior to and/or upon return from leave. For additional details, please refer to the vacation policy.

Short-Term Disability Plan (STD)

Benefits under STD are reinstated upon return from Pregnancy/Parental leave.

Benefits

Eligible employees will continue to maintain insured benefits while on a pregnancy and/or parental leave. If an employee has additional paid benefits such as Optional Life Insurance, and would like to maintain those benefits, they will be responsible to pay those premiums for the duration of the unpaid leave by providing post-dated cheques. Part-time employees have the option to opt-out of benefits, however upon their return, may require medical evidence to be reinstated for Optional Life Insurance coverage.

Pension

Top-up benefit payments paid while an employee is on a pregnancy and/or parental leave are not subject to OMERS pension deductions. The employee will have the option of purchasing the broken service by paying for the employee portion as per OMERS regulations, upon the completion of the pregnancy and/or parental leave. The City will match these contributions.

Other Payroll Deductions

Unless the payroll department is notified otherwise, payroll deductions, such as charitable donations, will continue to be deducted from the top-up benefit payment amount while on leave.

Date of Termination

Employees who wish to terminate their employment with the City of Toronto prior to or at the end of their pregnancy and/or parental leave are required to provide the City of Toronto with at least four (4) weeks written notice.

Approved by

Total Rewards, People and Equity

Date Approved

July 29, 1999

Last Update

June 1, 2026

Date modified: November 12, 2026