Photo by Luma Pimentel on Unsplash
We recently had a client ask us a question on the extended 18-month maternity and parental leave. So I went to my Human Resource’s expert Tanja Halsall with Potentia HR for the answers.
As many employers are only now starting to see these requests roll in, we thought we would share the questions and responses with you.
Q: If an employee declared that they were planning on taking 12 months maternity/parental leave, and at the last minute they decide to extend to 18 months – does the employer have to honor the request and hold their job?
R: In short order, yes. The Employment Standards Act sets out the minimum standards that employers and employees must follow. According to the act, employers are required to hold an employee’s job open for 18 months. When we chatted with a level 2 employment standards representative, they advised and confirmed that yes, even if an employee declared in writing that they planned to come back earlier, and changed their mind, the employer must continue to hold the job for the 18 months.
Q: In this scenario, is the employer still obligated to continue to pay extended health and dental premiums on behalf the employee?
R: In order to mitigate any risk for constructive dismissal, it is important that the employer continue the practice that they established for the first 12 months. In short, if the employer covered 100% of the premiums for the first part of the leave, this practice should continue. If the employer paid 50% and the employee paid 50% and the employee provided post-dated cheques for premium coverage, then this practice should continue.
This scenario speaks to the importance of having a current policy in place that addresses how leaves’ of absence are managed, what forms are required; and associated internal procedures/practices. As an employer in a competitive market, it is also important to consider how your total compensation and benefits offering can be leveraged to attract top talent. As a full-service HR Consulting Firm, we are here to help, and work collaboratively with you to build/strengthen your people and culture practices. Check us out at www.potentiahr.ca ; we are looking forward to supporting your organization!
If you are looking for a Broker who works with their clients to understand the ever changing world of Insurance, contact Glendinning Insurance Services