Parental Leave : Answers to 5 Common Questions
Exciting news about a new addition to your family ! Welcoming a newborn is truly a joyous occasion. To fully embrace this special time with your baby, it's important to plan ahead and request parental leave. This allows you to legally pause your professional responsibilities.
Parental leave, available to employees, enables you to temporarily halt your work commitments to care for your recently born or adopted child. During this leave, you have the option to reduce your work hours and transition to part-time employment.
If you desire more time at home upon the arrival of a new family member, you'll need to formally request leave from your employer. In this article, we address five common questions regarding parental leave: Who is eligible ? What is the duration ? Is it compensated ? Let's take a quick look.
Question #1 : Who is parental leave for?
Parental leave, as implied by its name, allows either parent to pause their professional commitments upon the arrival of a new baby, whether through birth or adoption. To be eligible for this leave, certain criteria must be met. Notably, you must have at least one year of service with the company on the day of the child's birth, or upon the child's arrival in the case of adoption.
Meeting this requirement, your employer is obliged to grant you the leave, regardless of the size of the company. Depending on your preferences, you can opt for part-time work or take full leave, with your employer obligated to accommodate your choice, ensuring it aligns with the agreed conditions. However, you must commit to working at least 16 hours per week.
Upon the conclusion of your parental leave, you are entitled to return to your previous position or an equivalent one, with a comparable level of compensation. In essence, whether you're an expectant mother or father, you have the right to avail yourself of parental leave.
This will allow you to both prepare for the birth of the newborn and take care of him once he arrives. You will then have more time to go shopping, buy clothes for your little one, to complete your birth list, choose the furniture for the baby's room, contribute to his awakening, instill in him various notions...
At the same time as you return to work, you may be entitled to professional training, especially if certain practices and working methods have been subject to certain modifications in your company while you have gone on parental leave. If you return to your original position, your employer will need to schedule a professional interview with you. You have the right to request this interview to be carried out before the end of your parental leave.
Question #2 : What are the terms of part-time leave and total leave?
As previously stated, when you request parental leave, you are offered two choices, namely part-time work, which consists of reducing the duration of your professional activity to at least 16 hours for a week, and total leave, during which your employment contract is suspended.
As an employee, it is up to you to choose the system best suited to your requirements. The employer has no right to object. If you need to repeat your leave, you can modify your leave formula, part-time or total leave. If you decide to work part-time, you are free to choose your working time. On the other hand, you will have to distribute your working hours by consulting your employer.
It should also be noted that during the period of part-time work, or if you renew your leave or extend it, you will not be authorized to change your hours. You must indeed stick to the hours initially established. For example, you will be unable to switch from part-time work to ¾ time work. However, this may still be granted to you if the employer authorizes it, or if an applicable agreement within the company allows it.
Question #3 : When and how should you apply for parental leave?
If you wish to apply for parental leave, you will only need to make a request to your employer. You will proceed by sending him your request by a letter that you will hand deliver against a discharge or by a registered letter with acknowledgment of receipt. The steps are almost as simple as ordering a wall night light composition on our site !
In your letter, you must clearly indicate that you aspire to full parental leave or part-time leave. In addition to this, you will have to specify the number of hours you plan to work each week. At the same time, you will mention the duration of the leave as well as the starting date of your leave.
You must also comply with a certain deadline for sending your request for parental leave. Two options are possible. On the one hand, you can do it one month before your adoption or maternity leave ends. Otherwise, you will do it two months before taking the leave, in the event that it does not begin immediately after your adoption or maternity leave.
If you are considering renewing your leave, here are some things to know. First, for each renewal, you must notify your employer one month before the current leave ends. You will once again have to send a registered letter with a request for acknowledgment of receipt. If by renewing your leave you decide to modify your total parental leave and opt for part-time work, or vice versa, you are also required to notify your employer of this change.
Question #4 : Is the employee entitled to remuneration during parental leave?
According to current laws, parental leave typically doesn't come with a salary. Nevertheless, certain companies might offer additional perks through collective bargaining agreements. It's wise to inquire with your employer regarding any specific arrangements. If your company provides a time savings account, you might utilize it during your parental leave.
While you won't receive a salary during this professional break, you could qualify for financial aid from the Social Welfare office, such as the shared child-rearing benefit. This support targets parents who reduce or pause their employment to care for their child(ren) under 3 years old.
Should you opt for full or partial parental leave, you could be eligible for this benefit. However, the duration and terms of payment vary based on your family circumstances and the number of dependents. Keep in mind that the payment period for this benefit may not align with your parental leave duration.
Question #5 : How long is parental leave?
Before applying for parental leave, first take the time to determine its duration. Under the labor code, the initial duration of parental leave cannot exceed one year. In addition, you can request two renewals. Also, you must take the leave and renewal on a continuous basis. Each time you request a renewal, it may be shorter or longer than the previous time.
On the other hand, parental leave ends at most when the child reaches his or her third birthday. If you have adopted a child, your leave must not be more than three years, in the event that the child is under 3 years old when he arrives at your home. This duration is limited to a maximum of one year if the toddler is over 3 years old when he comes into your home.
Certain situations are exceptions. This is for example the case if you give birth to twins. You will then have the right to extend your leave until your babies enter nursery school. This will allow you to devote more time to your infants and the decor of their room.
In the case of multiple births where you give birth to at least three children, or if you adopt at least three children, you will be able to benefit from an extension until your children's sixth birthday. This measure is applicable to children adopted or born on or after 1is October 2014. Another thing, if your little darling falls ill, suffers from a serious disability or is the victim of an accident, you can aspire to an additional year of leave.
Other elements should be known regarding the duration of parental leave. Although you can extend the leave, you cannot shorten it unless you obtain the agreement of your employer. Still, according to the Labor Code, you can reduce it if the child dies. In this case, you have a few options:
- Continue your former professional activity again;
- Moving from parental leave to part-time work;
- Change the duration of work to part-time, following an agreement concluded with your employer.