AMAPCEO has negotiated enhancements to pregnancy and parental leave, including job security and salary top-ups for most permanent employees. These are defined in Article 24 of your Collective Agreement.
The ability to collectively negotiate the terms and conditions of your employment, including these enhancements, is an important advantage of being a unionized professional.
In fact, the labour movement has a long history of winning fairer benefits for parents and advocating that they be extended to all workers, unionized or not.
Bargaining Unit: Ontario Public Service (OPS)
Collective Agreement Article: 24
First Published: July 15, 2020
Last Updated: December 7, 2020
Regular (permanent) employees with less than 13 weeks of service
- Your leave will be unpaid, though you may receive Employment Insurance (EI) benefits.
Regular (permanent) employees with more than 13 weeks of service
- If you receive Employment Insurance (EI) benefits, you are eligible for a “top up” of your salary during your leave.
Fixed-term (contract) employees
- Your leave will be unpaid, though you may receive Employment Insurance (EI) benefits.
- You should not resign your position to start a pregnancy or parental leave. Instead, you should seek a pregnancy and/or parental leave from your position.
- If your contract is longer than your leave, you can return to your position after your leave.
- If your contract expires while you are on leave, the expiry date of your contract will become your layoff date. This is important because your two-year access to internal postings is counted from this date.
- If you have questions or need assistance, please contact an AMAPCEO Workplace Representative.
Pregnancy leave
If you are pregnant, you have the right to take pregnancy leave for up to 17 weeks.
Your leave cannot start earlier than 17 weeks before the due date and must start no later than the day of the birth of the child.
If you are not eligible for parental leave (due to pregnancy loss), your pregnancy leave will conclude either 17 weeks after the leave began, or 12 weeks after the pregnancy loss, whichever is later.
Pregnancy leave and top-up payments
If you are eligible (see above), you will receive a combination of EI benefits and salary “top-up” during your leave that consists of:
- week 1 (while waiting for EI benefits): 93% of your salary; and
- weeks 2-16: your EI maternity benefit payment plus a salary top-up that together totals 93% of your salary.
After your EI benefits have ended but before you return to the workplace, you are eligible for one additional week at 93% of your salary. This week of pay must be taken immediately after your EI benefits have ended, either at the end of your parental leave, or at the end of your pregnancy leave if you are not taking parental leave.
To receive the top-up, you must submit proof to your supervisor or another Employer representative that you are in receipt of EI maternity benefits.
Did your pregnancy leave begin before March 17, 2023? See past provisions
If you were eligible (see above) and your pregnancy leave began before March 17, 2023, you would have received a combination of EI benefits and salary “top-up” during your leave that consisted of:
- week 1 (while waiting for EI benefits): 93% of your salary;
- week 2: your EI maternity benefit payment plus 93% of your salary; and
- weeks 3-17: your EI maternity benefit payment plus a salary top-up that together totaled 93% of your salary.
If you took pregnancy leave
You are eligible for up to 61 weeks of parental leave. Your leave must start immediately after your pregnancy leave.
You can choose to take either standard or extended parental benefits. These options are set by the federal government and not your Collective Agreement.
If you are eligible (see above), you will receive a combination of EI benefits and salary “top-up” during your leave that consists of:
- 15 weeks of your chosen EI parental benefit payment (either standard or extended) plus a top-up equal to the difference between the standard EI parental benefits and 93% of your salary. This applies regardless of whether you choose standard or extended EI.
For any further weeks of parental leave, you will receive your EI benefits and no top-up.
Immediately after your EI benefits have ended but before you return to the workplace, you are eligible for one additional week at 93% of your salary, as described above.
To receive the top-up, you must submit proof to your supervisor or another Employer representative that you are in receipt of EI parental benefits. It does not matter if you are receiving standard or extended parental benefits.
Did your parental leave begin before March 17, 2023? See past provisions
If you were eligible (see above) and your pregnancy or parental leave began before March 17, 2023, you would have received a combination of EI benefits and salary “top-up” during your leave that consists of:
- 15 weeks: your EI parental benefit payment (either standard or extended) plus a salary top-up that together totals 93% of your salary.
For any further weeks of parental leave, you would have received your EI benefits and no top-up.
If you did not take pregnancy leave
You are eligible for up to 63 weeks of parental leave. Your leave cannot start any earlier than the day your child is born or comes into your care for the first time or any later than 78 weeks after that date.
You can choose to take either standard or extended parental benefits. These options are set by the federal government and not your Collective Agreement.
If you are eligible (see above) and did not take pregnancy leave, you will receive a combination of EI benefits and salary “top-up” during your leave that consists of:
- week 1 (while waiting for your EI benefits): 93% of your salary; and
- 15 additional weeks of your chosen EI parental benefit payment (either standard or extended) plus a top-up equal to the difference between the standard EI parental benefits and 93% of your salary. This applies regardless of whether you choose standard or extended EI.
For any further weeks of parental leave, you will receive your EI benefits and no top-up.
Immediately after your EI benefits have ended but before you return to the workplace, you are eligible for one additional week at 93% of your salary.
To receive the top-up, you must submit proof to your supervisor or another Employer representative that you are in receipt of EI parental benefits. It does not matter if you are receiving standard or extended parental benefits.
Did your parental leave begin before March 17, 2023? See past provisions
If you were eligible (see above), did not take pregnancy leave, and your parental leave began before March 17, 2023, you would have received a combination of EI benefits and salary “top-up” during your leave that consisted of:
- week 1 (while waiting for EI benefits): 93% of your salary;
- week 2: your EI parental benefit payment plus 93% of your salary; and
- weeks 3-17: your EI parental benefit payment (either standard or extended) plus a salary top-up that together totals 93% of your salary.
For any further weeks of parental leave, you would have received your EI benefits and no top-up.
Shortening your parental leave
If you wish to end your parental leave early, you must give written notice to your supervisor or another Employer representative at least four weeks before the original end of your parental leave.
Extending your parental leave
If you did not take pregnancy leave, you can extend your parental leave for an additional six consecutive weeks. This extension is an unpaid leave.
You must request the extended parental leave in writing to your supervisor or another Employer representative at least two weeks before the end of your parental leave.
Returning to work
You should return to your old job at the end of your pregnancy or parental leave. If this is not the case, please seek the assistance of an AMAPCEO Workplace Representative.
Credits, benefits, and pension contributions during pregnancy and parental leaves
If you are a regular (permanent) employee with less than 13 weeks’ service:
- you will not accrue credits (e.g. vacation, seniority) during your unpaid leave; and
- your insured benefits will continue for the first month of your leave, then stop.
If you are a regular (permanent) employee with more than 13 weeks’ service:
- you will continue to accrue credits (e.g. vacation, seniority) during your leave;
- your insured benefits (and employee premiums) will continue, unless you write your Employer to request that they stop; and
- you can write your Employer to request that you continue to make pension contributions during your leave.
If you are a temporary, fixed-term, or contract employee and opted into the benefits plan:
- your insured benefits will continue, provided you continue to pay the premiums.
If you have questions or need assistance
Please contact an AMAPCEO Workplace Representative in your District. They do not have to be in your Ministry.
Workplace Representatives are trained union members who have volunteered to confidentially assist members like you in the workplace. They should be your first point of contact in seeking information and representation with an issue at work.
Your Workplace Representative may ask you to use the union’s secure web-based system, RADAR, to provide details about your situation. RADAR will help you and your Workplace Representative keep track of things without the privacy concerns that could come from using the Employer’s email system.
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