Submission on the Length of Service Requirement for Maternity and Parental Leave Under the Canada Labour Code

In May 2009, LEAF and LEAF Edmonton produced a submission on the length of service requirement for maternity and parental leave under the Canada Labour Code.

The submission responded to the February 2009 discussion paper by the Labour Program of Human Resources Skills Development Canada, “Discussion Paper on the Review of Labour Standards in the Canada Labour Code“. Specifically, the submission addressed two questions raised by the Discussion Paper in relation to amending the six month length of service requirement for maternity and parental leave under the Canada Labour Code:

1. To what extent should parental, maternity, and sick leave under Part III be aligned with EI benefits?
2. Would it be reasonable to reduce the current length of service requirement for parental and maternity leave from six months to three months?

LEAF submitted that there should be no qualifying threshold for maternity and parental leave. A “no qualifying period” provision is the only principled approach that is consistent with Canada’s domestic and international human rights obligations to prevent discrimination in employment arising from pregnancy and child-rearing, and to promote women’s substantive equality.

Joanna Birenbaum, Jo-Ann Kolmes, and Marcia Tait prepared the submission.

Download the submission below.