Qualifying for Pregnancy Leave

A pregnant employee is entitled to pregnancy leave whether she is a full-time, part-time, permanent or contract employee provided that she:

works for an employer that is covered by the ESA,
and
was hired at least 13 weeks before the date her baby is expected to be born (the "due date").
Note that an employee does not have to actively work the 13 weeks prior to the due date to be eligible for pregnancy leave. It is only necessary that she be hired at least 13 weeks before the baby is expected to be born.

A typical case

Aurélie was hired 15 weeks before her due date. She is eligible to begin her pregnancy leave at any time after being hired, because there are at least 13 weeks between the date she was hired and her due date.

When an employee is off sick

Fatima was hired 15 weeks before her due date. Soon after starting her new job, she was off sick for five weeks. Fatima is eligible for pregnancy leave because there are at least 13 weeks between the date she was hired and her due date. The fact that she did not actually work 13 weeks is irrelevant.

When a baby is born before the due date

Meredith was hired 15 weeks before her due date. However, 11 weeks after she was hired, her baby was born. Meredith is eligible for pregnancy leave to begin on the date the baby was born, because there were at least 13 weeks between the date she was hired and her due date. The fact that her baby was born less than 13 weeks after she was hired is irrelevant.

Are you eligible for EI maternity or parental benefits?

You may be eligible to receive EI maternity or parental benefits if:

you are employed in insurable employment;
you meet the specific criteria for receiving EI maternity or parental benefits;
your normal weekly earnings are reduced by more than 40%; and
you have accumulated at least 600 hours of insurable employment during the qualifying period or, if you are a self-employed fisher, you have earned enough money during the qualifying period.
You have paid EI premiums

If you are employed in insurable employment, your employer will deduct the applicable EI premiums from your wages or salary. There is no minimum or maximum age for paying EI premiums.

You need to pay EI premiums on all your earnings up to a maximum amount. In 2014, for every $100 you earn, your employer will deduct $1.88, until your annual earnings reach the maximum yearly insurable amount of $48,600. The maximum amount of premiums to be paid in 2014 is therefore $913.68.

Since Quebec has its own program that offers maternity, paternity, and parental benefits, the Government of Canada has adjusted the premiums accordingly for that province. In 2014, the premium rate for workers in Quebec is set at $1.53 for every $100 of earnings, up to a maximum amount of $743.58 for the year.