Maternity Leave, Paternity Leave, and Parental Leave: What Are the Benefits Since October 29, 2020, Following the Adoption of Bill No. 51?
Since January 1, 2006, the Quebec Parental Insurance Plan (QPIP) has allowed parents to access various paid leave options, particularly following the birth or adoption of a child. Whether salaried employees or self-employed workers, eligible individuals[1] can receive benefits during their leave. However, since its implementation, certain amendments have been made to the Act respecting parental insurance, particularly to improve work-family balance for parents. Although the Act provides mechanisms and benefits in cases of child adoption, this text will focus solely on the recent changes related to benefits in cases of pregnancy and childbirth.
During pregnancy and/or childbirth, parents can choose between two types of plans: the basic plan or the special plan. The first parent to apply for benefits will determine which plan applies.
For children born after January 1, 2021, the basic plan now provides benefits as follows:
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18 weeks of maternity leave[2], paid at 70% of the average weekly earnings[3], based on income from the calendar year preceding the benefits period[4]. These benefits can begin as early as the 16th week before the expected due date and must end no later than 20 weeks after childbirth[5], except in certain cases.
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Maternity benefits are not transferable between parents and must generally be taken continuously[6], except in exceptional cases[7].
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5 weeks of paternity leave[8], paid at 70% of the average weekly earnings[9], based on the previous calendar year’s income. These benefits cannot start before the week of the child’s birth[10] and must be used within 78 weeks after birth[11].
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Paternity leave must generally be continuous and cannot be split, except in certain circumstances[12]. Apart from reasons already stated in the Act respecting labour standards, which require an employer to allow a father to split his paternity leave, an employee can request to divide the leave into weeks if the employer agrees. The employer has discretionary power over whether to grant this request.
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Additionally, Article 81.2.1 of the Act respecting labour standards[13] sets out the rules and procedures regarding the notices employees must provide to their employer about the start and end dates of their paternity leave. Consequently, choosing leave dates is the employee’s decision, not the employer’s.
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32 weeks of parental leave[14], which can be shared between both parents, consisting of 7 weeks at 70% of the average weekly earnings[15] and 25 weeks at 55% of the previous year’s earnings[16]. Benefits can start as early as the week of the child’s birth[17] and must be used within 78 weeks after birth[18].
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4 additional weeks of parental leave[19], paid at 55% of the average weekly earnings[20], are granted if each parent takes at least 8 weeks of the shared parental leave. This measure encourages a more balanced distribution of parental leave between both parents, particularly encouraging fathers to take more time off with their child.
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Parents can use their parental leave simultaneously[21].
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In the case of multiple births, each parent receives 5 additional weeks of parental leave[22], paid at 70% of their average weekly earnings. However, these extra weeks cannot be shared between parents.
How Are Benefits Calculated?
As mentioned earlier, benefit calculations are based on the parent’s average weekly earnings from the calendar year before the benefits period, not the year of the child’s birth. For example:
- A mother with a due date around January 15, 2021, could start her maternity leave on December 26, 2020, and base her benefits on her 2019 income.
- If she instead began her leave on January 1, 2021, her benefits would be calculated based on her 2020 income.
The start date of benefits can significantly impact a parent’s benefits if their income fluctuated in the years leading up to the leave.
Additionally, parents can earn some income while receiving maternity, paternity, or parental benefits. Regardless of the type of benefits received, as of October 29, 2020, the calculation of exemptions for income earned during benefit periods has changed. It now allows for higher exemptions for those receiving parental insurance benefits, including maternity benefits, which previously had no exemptions[23].
- A parent can earn income up to the difference between their full average weekly earnings (100%) and the benefits provided by the plan (70% or 55% under the basic plan), without reducing their benefits.
Conclusion
Since October 29, 2020, Quebec’s parental insurance plan has undergone significant changes aimed at allowing both parents to spend more time with their child after birth, while also promoting work-life balance. Additional modifications will take effect no later than January 1, 2022.
Expecting parents should visit the Quebec Parental Insurance Plan’s website before their child’s birth or adoption to understand their rights and obligations under the law.
For any legal questions related to the Quebec Parental Insurance Plan or disputes before administrative or judicial bodies, do not hesitate to contact our firm.
Marie-Pier Cauchon, Lawyer
[1] Act respecting parental insurance, R.S.Q. chapter A-29.011, article 3.L
[2] Supra, article 7 (1).
[3] Supra, article 18 (1°).
[4] Supra, article 20.
[5] Supra, article 7 (2)
[6] Act respecting labour standards, R.S.Q. chapter N-1.1, article 81.4.
[7] Supra, article 81.14.1.
[8] Previously cited, note 1, article 9.
[9] Previously cited, note 1, article 18 (1°).
[10] Previously cited, note 1, article 9.
[11] Previously cited, note 1, article 23.
[12] Act respecting labour standards, R.S.Q. chapter N-1.1, article 81.2
[13] Previously cited, note 11, art 82.1.2.
[14] Previously cited, note 1, article 10.
[15] Previously cited, note 1, article 18 (1°).
[16] Previously cited, note 1, article 18 (6°).
[17] Previously cited, note 1, article 10.
[18] Previously cited, note 1,, article 23.
[19] Previously cited, note 1, article 10.3.
[20] Previously cited, note 1, article 18 (5°).
[21] Previously cited, note 1, article 16.
[22] Previously cited, note 1, article 10.1.
[23] Regulation respecting the implementation of the Act respecting parental insurance, R.S.Q., chapter A-29.011, r. 2, article 41.
*note that this text was translated from French to English
