Leave without Pay (LWOP) - Maternity/Parental

Preparing for a baby is an exciting time in one's life. The following information will help guide employees and managers through this process, as well as identify the key steps and documents required for a smooth transition. You should always refer to your Collective Agreement for eligibility requirements and allowance provisions.

It is important the leave application process is started as early as possible or at least 30 working days before your expected leave date to avoid processing delays.

Employees and managers should review LWOP for six (6) or more days – General for important information that may apply to LWOP – Maternity / Parental.

  • Employees who reside outside Quebec

    Maternity Leave is unpaid leave that allows employees time for pregnancy, childbirth, post-childbirth recuperation, adoption and childcare. Maternity leave may begin before, on the day of, or after your pregnancy ends. It must end no later than 18 weeks after your pregnancy ends.

    Parental Leave is unpaid leave offered to either parent who is caring for their newborn or a newly adopted child.

    Important: Pursuant to collective agreements, an employee shall request parental leave at least four (4) weeks before the start date, however the period of leave cannot begin earlier than the day on which the child is born or the day on which the child comes into the employee's care. Employees are required to submit an amended leave form should an expected start date for parental leave change from a previously submitted request.

    When submitting your leave application, you must identify which of the following two options you are requesting:

    • Standard Option: up to 37 consecutive weeks of leave within 52 weeks after the child was born or newly adopted.
      • Note the combined maximum maternity and parental leave is 52 weeks if the parental leave starts immediately following the maternity leave.
      • If both parents are sharing the parental leave, you are eligible for five (5) additional weeks of benefits.
    • Extended Option: up to 63 consecutive weeks of leave within 78 weeks after the child was born or newly adopted.
      • Note the combined maximum maternity and parental leave is 78 weeks if the parental leave starts immediately following the maternity leave.
      • If both parents are sharing the parental leave, you are eligible for eight (8) additional weeks of benefits.

    If you wish to extend your leave beyond the Maternity/Parental terms listed above, a separate request must be submitted for LWOP – Care of Immediate Family. Refer to Other Types of LWOP for six (6) or more days for this process.

    Although you do not receive a salary while on maternity or parental leave, you may be eligible to receive benefits and allowances by applying for the following:

    If you chose the Standard parental EI benefits, the combination of the above noted benefits are equivalent to 93% of your bi-weekly gross pay. If you chose the Extended parental EI benefits, the combination of the above noted benefits are equivalent to 55.8% of your bi-weekly gross pay. When submitting your EI application, you must identify which parental option you are selecting.

    If both parents work for the federal government, they may share top-up eligibility based on the type of EI parental benefits selected:

    • Standard parental EI benefits: employees can share up to 40 weeks (five extra weeks) of parental top up allowance.
      • Eligible employees who choose the Standard Option are entitled to a maximum combined, shared, maternity and standard parental allowances (top-up) of up to 57 weeks for each combined maternity and parental leave without pay.
    • Extended parental EI benefits: employees can share up to 69 weeks (eight extra weeks) of parental top up allowance.
      • Eligible employees who choose the Extended Option are entitled to a maximum combined, shared, maternity and extended parental allowances (top-up) of up to 86 weeks for each combined maternity and parental leave without pay.
  • Employees who reside in Quebec

    Maternity Leave is unpaid leave that allows employees time for pregnancy, childbirth, post-childbirth recuperation, adoption and childcare. Maternity leave may begin before, on the day, or after your pregnancy ends. It must end no later than 18 weeks after your pregnancy ends.

    Parental Leave is unpaid leave offered to either parent who is caring for their newborn or a newly adopted child.

    Important: Pursuant to collective agreements, an employee shall request parental leave at least four (4) weeks before the start date, however the period of leave cannot begin earlier than the day on which the child is born or the day on which the child comes into the employee's care. Employees are required to submit an amended leave form should an expected start date for parental leave change from a previously submitted request.

    When submitting your leave application, you must identify which of the following two options you are requesting:

    • Standard Option: up to 37 consecutive weeks of leave within 52 weeks after the child was born or newly adopted.
      • Note the combined maximum maternity and parental leave is 52 weeks if the parental leave starts immediately following the maternity leave.
      • If both parents are sharing the maternity/parental leave, you are entitled to a combined shared total of up to 57 weeks.
    • Extended Option: up to 63 consecutive weeks of leave within 78 weeks after the child was born or newly adopted.
      • Note the combined maximum maternity and parental leave is 78 weeks if the parental leave starts immediately following the maternity leave.
      • If the parental leave immediately follows the maternity leave, you are entitled to 52 weeks of combined maternity and parental leave following the date of your child's birth. 
      • If the parental leave does not immediately follow the maternity leave, you may take up to 37 weeks of leave without pay in the 52 weeks following the birth or adoption of a child.

    Although you do not receive a salary while on maternity or parental leave, you may be eligible to receive benefits (allowances) by applying for the following:

    Your parental leave may include a period during which you are eligible for Paternity Benefits under the QPIP.  Paternity benefits cannot be shared between parents and the length of time permitted depends on the type of plan you opt for.  Visit the QPIP website for requirements.

    Whether you chose Standard or Extended parental leave, the combination of the above noted benefits are equivalent to 93% of your bi-weekly gross pay during the period you are eligible for QPIP benefits. Once your QPIP benefits cease, you will no longer receive the Maternity/Parental Allowance (Top up).

    If both parents work for the federal government, the maximum is 57-payable weeks combined.

    As per the applicable Collective Agreement, an employee who has completed at least six (6) months of continuous employment and granted maternity and/or parental leave will be paid a maternity and/or parental (top up) allowance on the condition they agree to return to work. Employees must sign a Maternity and/or Parental Leave Agreement and Undertaking, with the exception of the executive group (EX), who must agree to these terms as per the Directive on the Terms and Conditions of Employment for Executives.

    Employees of the EB, PA, SV and TC classifications may refer to the Questions and Answers for further details.

  • Required Documents
  • Employee Responsibilities
    1. Using Leave Code 925 for maternity leave and Leave Code 941 for parental leave, complete and sign the Leave Application and Absence Report [GC-178] form(s), noting the following requirements:
      • Separate forms are required for each leave type
      • Complete all mandatory fields, ensuring the information matches your MyEMS (PeopleSoft) profile. 
      • Although not mandatory nor a specific field, a home email address written on the form is helpful should the Pay Centre need to contact you during the leave period.
      • The start and end dates of your leave must be clearly indicated on the form and be scheduled working days.
    2. If you are eligible to receive the top up allowance, complete and sign the employee statements for Employment Insurance OR QPIP.
    3. If you are eligible to receive the top up allowance, complete and sign the "Maternity and/or Parental Leave Agreement and Undertaking" that corresponds to your occupational group.

    4. Provide all required documents to your Section 34 Manager, who will submit a request for processing on your behalf.

      Note: If the employee statement and Maternity and/or Parental Agreement and Undertaking forms are not submitted at the same time as the GC178(s), you will be required to include them via a PAR form sent directly to the Pay Centre; refer to step 5 for this process.

    5. As soon as you start to receive maternity/parental benefits from either EI or QPIP, you must provide copies of the confirmation letter and first pay stub to the Pay Centre via a Pay Action Request (PAR) form.  You should keep the letter and all future pay stubs for future reference:
      • Top Right Corner:  enter total number of pages (including PAR) and date of request.
      • Section 1 – Employee Information: Add your information
      • Section 2 – Work Type: select "Entitlements (Non Automated Allowances)"
      • Section 3 – Sub Type: select "EI – QPIP related maternity payment"
      • Effective Start Date of Event/Pay Action: Is the date you submit the request
      • Section 4 – Requestor: Add your information
      • Comments: Clearly specify the request, ex. Attached is my EI benefits letter and first pay stub
      • Section 5 – Trusted Source: Leave blank. Trusted Source is not required for this type of request.
    6. There are three methods to submit the completed PAR and the required documents to the Pay Centre:

    Note: If any mandatory fields on the PAR are not completed or the required documents not attached, the PAR will be rejected causing delays in processing your file.

  • Manager / Section 34 Manager Responsibilities
    1. Complete and sign the employee's Leave Application and Absence Report (GC-178)(s) and open a request via the HRSC Portal.
      • Section: I am a Manager
      • Select "Pay-Related Action"
      • Complete the Employee Information section
      • Category: Select "Leave"
      • Sub-Category: Select "Leave Without Pay (LWOP) over 5 Days – Maternity/Parental"
      • Effective Date: Is the first compensation day immediately following the last day paid
      • Additional Comments: Identify the type and period of leave Ex. Maternity leave from May 1, 20XX to July 15, 20XX followed by parental leave from July 16, 20XX to April 30, 20XX

      • Attach the GC178(s) and other required documents, if provided by the employee.

        Note: If the employee statement and Maternity and/or Parental Agreement and Undertaking forms are not submitted at the same time as the GC178, the employee will be required to send them via a PAR form to the Pay Centre

      • Submit your request

      Note: The Collective Agreement article must be included on the Leave Application and Absence Report (GC-178)(s) when requesting Maternity and/or Parental Leave.  

    2. Complete the Separation Clearance Process. Refer to Off Boarding Employee - Departure Roadmap for this process.
  • Return to work from a period of LWOP – Maternity / Parental

    An employee's Section 34 Manager must report that the employee has returned to work from a period of LWOP – Maternity / Parental before they are reverted to active status.

    If there is a delay in receiving the first regular pay, refer to the Emergency Salary Advance / Priority Payment process.

    • Employee Responsibilities
      1. Advise your manager of your return to work date, your child's birth date and updated direct deposit information if it changed during your period of leave.
      2. If your return to work schedule differs from your pre-leave schedule, refer to Work Schedules / Hours of Work for this process.
      3. On your return and as soon as you have system access you MUST establish a Section 34 Manager in Phoenix Self-Service. Failure to do so will result in the inability to process certain pay transactions correctly (example: overtime, leave without pay).

        Main Menu > Self Service > Time Reporting > Select Section 34 Manager

      4. Review and make any necessary changes to your personal information in MyEMS (PeopleSoft). Refer to Change to Personal Information for this process.
      5. You need to send proof of EI/QPIP earnings to the Pay Centre via a Pay Action Request (PAR) form:
        • Top right corner: Enter the total number of pages (including PAR) and the date sent
        • Section 1: Enter your information
        • Section 2: Select Work Type "Entitlements (Non-Automated Allowances)
        • Section 3: Select Sub Type "EI – QPIP related maternity payment"
        • Effective Date: Is the date you submit the request
        • Section 4: Enter your information

        • Comments: Clearly identify the request. Example: Attached are my latest EI/QPIP benefit statements. I returned to work on January 15, 20XX.

          Note: You can send a summary of your EI/QPIP benefits if you created a My Service Canada Account or My Québec Services Account.

        • Section 5: Leave blank, no Trusted Source is required for this type of request.
      6. There are three methods to submit the completed PAR form and the required documents to the Pay Centre:
    • Manager / Section 34 Manager Responsibilities
      1. You need to open a request via the HRSC Portal on the day of the employee's return to work (or return to pay, i.e. vacation leave) depending on the situation. Advance notification will not be accepted.
        • Section: I am a Manager;
        • Select "Pay-Related Action";
        • Complete the Employee Information section;
        • Category: Select "Leave";
        • Sub-Category: Select "Return from leave (+ 5 days) – (other than Illness, Disability, Rehabilitation);
        • Effective Date: Is the date the employee returns to pay, ie. physically returns to work or takes paid leave
        • Comments: Include the employee's physical return to work date DD\MM\YYYY and provide the date of birth of the child.
        • Submit your request
      2. If the employee's work schedule is changing from the pre-leave schedule, refer to Work Schedules / Hours of Work

      Note: There is no need to complete a Pay Action Request (PAR) form. This will be done by the Compensation Directorate when the request is sent to the Pay Centre for processing.

  • Submit a Pay Escalation request
    • Employee responsibility

      If you are experiencing a pay issue related to your Maternity / Parental leave or allowances, you must refer to the Pay Escalation Process  and, if deemed appropriate, submit an escalated pay issue request  using the category Escalated leave issue, sub-category Maternity / Parental / Paternity.

    • Manager / Section 34 Manager responsibility

      If an employee is on leave or has been terminated and is experiencing a pay issue related to their Maternity / Parental leave or allowances, you must refer to the Pay Escalation Process and, if deemed appropriate, submit an escalated pay issue request  on their behalf using the category Escalated leave issue, sub-category Maternity / Parental / Paternity.

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