{"id":3411,"date":"2022-10-12T14:49:53","date_gmt":"2022-10-12T18:49:53","guid":{"rendered":"https:\/\/thepayrolledge.com\/blog\/lois-canadiennes-du-travail-conge-de-maternite-et-conge-parental\/"},"modified":"2026-06-10T19:20:41","modified_gmt":"2026-06-10T19:20:41","slug":"canada-maternity-leave-parental-leave","status":"publish","type":"post","link":"https:\/\/thepayrolledge.com\/fr-ca\/blog\/canada-maternity-leave-parental-leave\/","title":{"rendered":"Lois canadiennes du travail : cong\u00e9 de maternit\u00e9 et cong\u00e9 parental"},"content":{"rendered":"\n

If a U.S. company is hiring across the border in Canada, then they will need to understand how the labor laws differ in each country\u2014and sometimes each province. One of the labor laws U.S. companies need to pay close attention to is maternity leave. Canada maternity leave and parental leave regulations sometimes referred to as EI maternity leave, and FMLA maternity leave in the United States differ greatly. So, it is very important that companies looking to hire in Canada have an in-depth understanding of the differing legislation. 

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Maternity Leave in the United States

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To understand the differences in U.S. versus Canada maternity leave laws, we must first have a clear understanding of what the laws are in the U.S. Though those living in the United States are aware of the lack of unpaid maternity leave, it may surprise you to find out that despite being one of the richest countries in the world, it is one of the only countries that does not offer<\/span><\/a> guaranteed paid maternity leave. <\/p>

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Now, this does vary on a state-by-state level. There are some states and areas\u2014California, Colorado, Connecticut, Delaware, Massachusetts, Maryland, New Jersey, New York, Oregon, Rhode Island, and the District of Columbia\u2014that do offer paid maternity leave<\/span><\/a>, but generally, this is decided at the company level. <\/p>

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Currently, only about 21% of US workers<\/span><\/a> are eligible for paid maternity leave. Though, SHRM<\/span><\/a> found that 55% of employers now offer paid maternity leave while 45% offer paid paternity leave. Even when offered, it is often significantly less time than offered in other countries. <\/p>

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One thing of note is the ability to terminate employment during maternity leave in the U.S. However, there are restrictions. You can only terminate an employee out on FMLA maternity leave if the company is downsizing or eliminating the position, or the employee has done something to violate the employment contract or code of conduct while on leave. 

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U.S. Maternity Leave Regulations<\/span>

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Maternity leave in the United States is covered under the Family and Medical Leave Act<\/span><\/a> (FMLA). FMLA maternity leave is up to 12 weeks<\/span><\/a> of unpaid, job-protected leave per year for eligible employees. Under FMLA, Maternity leave must be provided: (1) for the birth and care of the newborn child of an employee or (2) for placement with the employee of a child for adoption or foster care.<\/p>

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Eligibility requirements<\/span> are set at both the employee and employer level:

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