This new parental allowance is part of the common issues settlement for all of our Treasury Board groups. The changes only apply to the parental allowance. The maternity allowance remains unchanged.
When will the new parental allowance provisions under the agreement become effective?
The new parental allowance provisions will become effective the date of signing of the collective agreement. The date that determines an employee’s parental allowance is the date on which the employee starts parental leave, regardless of when the leave period was requested or approved.
Employees who start their parental leave before the signing of the new collective agreement will be subject to the allowance provisions of the previous collective agreement, those who start parental leave on or after the date of signing will be subject to the allowance provisions of the new collective agreement.
If an employee is on maternity leave before the signing of the collective agreement and is required to put in a leave request for the parental leave after the signing of the collective agreement, what parental allowance provisions will apply?
The employee will be subject to the provisions of the collective agreement under which they start their parental leave regardless of the timing of the maternity leave.
What does the new agreement provide for an employee who opt for the extended EI parental benefit?
If an employee opts for the extended parental leave option under EI and starts the leave after the signing of the collective agreement, they will receive a supplemental allowance equivalent to 55.8% of their weekly rate of pay for all weeks they are on parental leave and in receipt of EI.
If an employee opts for the extended parental leave option under EI and starts their leave prior to the to the signing of the collective agreement, they will receive a supplemental allowance equivalent to 93% of their weekly rate of pay for all weeks they are on parental leave and in receipt of EI up to a maximum of 37 weeks. If the employee remains off work on extended parental leave, the allowance ceases after a maximum period of 37 weeks. However EI will continue until the employee returns to work or the EI benefit runs out.
When does an employee have to decide whether to take the standard or the extended parental leave?
Employees will have to opt for the standard or the extended leaves prior to the start of the parental leave period, and once that decision is made, it is irrevocable. Parents already on leave at the time of the signing of the new agreement cannot opt for a different option.
How will the parental allowance apply if two parents are subject to two different collective agreements that do not have the same language?
In circumstances where employees are subject to different collective agreements that do not feature identical language, each employee will be subject to the provisions of their respective collective agreement for their parental allowance eligibility and amount.
If I’m working in Ontario but living in Quebec should I apply to QPIP or EI for maternity and parental benefits?
Employees apply to the regime of the province in which the employee lives. For Quebec, an employee would apply to QPIP, for all other provinces an employee would apply to EI.
How many weeks is an employee entitled to under the standard parental leave?
The standard parental leave under EI is 35 weeks to be taken within a 52-week period. Under the collective agreement an employee is entitled to a supplemental allowance of up to a maximum of 37 weeks. This would cover the one week waiting period and an additional week.
The new agreement will also allow for the inclusion of five weeks of paternity leave, under the QPIP or five additional weeks of shared parental leave under the EI.
Are the five additional sharing weeks available under the standard EI parental benefit eligible for the parental allowance?
Yes. The five additional weeks available to parents who share the standard EI parental benefit are eligible for a further parental allowance equivalent to 93% of the employee’s weekly rate of pay if both parents are employed in the public service. However, one parent cannot get more than 35 weeks of standard parental benefits, the other parent is required to take some leave without pay in order to receive the allowance for the five additional weeks.
How many weeks is an employee entitled to under the new extended parental leave?
The extended parental leave under EI is 61 weeks to be taken within a 78-week period. Under the collective agreement an employee is entitled to a parental allowance of up to a maximum of 63 weeks. This would cover the one week waiting period and an additional week. The new agreement will also allow for the inclusion of eight additional weeks of shared parental leave under the EI.
Are the eight additional sharing weeks available under the extended EI parental benefit eligible for the extended parental allowance?
Yes. The eight additional weeks available to parents who share the extended EI parental benefit are eligible for a further parental allowance equivalent to 55.8% of the employee’s weekly rate of pay if both parents are employed in the public service. However, one parent cannot get more than 61 weeks of extended parental benefits, the other parent is required to take some leave without pay in order to receive the allowance for the eight additional weeks.
Under the QPIP regime, is an employee entitled to the new extended parental allowance?
No. The QPIP regime does not offer an extended parental leave benefit; however, employees are eligible to take the extended parental leave as provided in the collective agreement without the allowance. Their allowance will then be as if they had taken the standard leave, for up to 52 weeks (if one parent is working for the public service) or 57 weeks (if both parents are working for the public service).
What is the maximum combined maternity and parental allowances payable under the standard option in the new agreement?
- For an employee who is in receipt of EI:
The total amount of maternity and shared standard parental leave eligible for a top up allowance is 57 weeks if both parents are employed in the public service. This includes 15 weeks of maternity leave, one week waiting period, one additional week and a shared parental benefit of up to 40 weeks.
- For an employee who is in receipt of QPIP:
The total amount of maternity, parental and paternity leave eligible for a top up allowance is 57 weeks if both parents are employed in the public service. This includes 18 weeks of maternity leave, a parental benefit of 32 weeks and a paternity benefit of 5 weeks. Under certain conditions an additional two weeks could be available, please refer to your collective agreement for eligibility.
What is the maximum combined maternity and parental allowances payable under the extended option in new agreement?
The total amount of maternity and shared extended parental leave eligible for a top up allowance is 86 weeks if both parents are employed in the public service. This includes 15 weeks of maternity leave, one week waiting period, one additional week and a shared parental benefit of up to 69 weeks.
Following a maternity and/or parental leave how much time do I owe back to my employer to avoid a repayment?
An employee returning from a standard parental leave, having received a parental allowance of 93%, is required to work an equivalent number of weeks to the number of weeks that s/he was in receipt of the parental allowance.
An employee returning from an extended parental leave, having received a parental allowance of 55.8%, is required to work 60% of the equivalent number of weeks to the number of weeks that s/he was in receipt of the parental allowance.
This work may be fulfilled in the original position or a new position within the core public administration, an agency or another eligible public sector employer.
The original version of this article was first posted on the PSAC website.
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