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As an employee working in Canada through Justworks, you’re covered by public and private programs that protect your health, income, and overall wellbeing.
These programs ensure you can access healthcare, take protected time off when you’re ill or on holiday, and receive income support when caring for your family.
This series of guides explains your Canadian benefits and leave entitlements in clear, straightforward language, based on official sources from Canada.ca and Employment and Social Development Canada (ESDC).
What You’ll Find in This Series:
- Health, Benefits, and Pension Coverage — Learn about Canada’s public healthcare system, Justworks’ supplemental Sun Life coverage, and how contributions to Employment Insurance (EI) and the Canada Pension Plan (CPP) support you.
- Leave and Sick Pay — Understand your rights to vacation leave, paid holidays, and sick pay, plus how EI Sickness Benefits can help when you’re unable to work.
- Family and Parental Leave — Explore your entitlements to maternity, parental, and caregiving leave, and learn how to apply for Employment Insurance (EI) benefits.
As an employee working in Canada through Justworks, you’re entitled to protected time off and income support when welcoming a new child or caring for a family member.
This guide explains your maternity, parental, adoption, and caregiving leave entitlements, and how to apply for Employment Insurance (EI) benefits through the Government of Canada.
All information in this guide is based on official sources from Canada.ca and Employment and Social Development Canada (ESDC).
Maternity Leave and Benefits
Employees who give birth are entitled to maternity leave and benefits under the Canada Labour Code or their applicable provincial legislation.
Leave Entitlement
- Federal standard: 17 weeks of maternity leave, with job protection.
- Provinces may vary slightly, but most follow the same minimum entitlement.
- You can start maternity leave up to 12 weeks before your expected due date.
Maternity Benefits
Under Employment Insurance (EI), eligible employees can receive up to 15 weeks of maternity benefits.
- Pay rate: 55% of your average weekly insurable earnings, up to a maximum of $668 per week (2024).
- Benefits can start up to 12 weeks before your due date.
How to Apply
You can apply online through My Service Canada Account.
You’ll need:
- Your Social Insurance Number (SIN)
- A Record of Employment (ROE) from your employer
- Your baby’s expected or actual date of birth
Apply as soon as your leave begins. If you wait more than 4 weeks after your last workday, you may lose some benefits.
Parental Leave and Benefits
Both parents are entitled to parental leave after a birth or adoption. This leave can be shared or taken separately, depending on your family’s needs.
Leave Entitlement
- Federal standard: 63 weeks of unpaid, job-protected parental leave.
- Some provinces offer slightly shorter or longer durations.
- You can take this leave immediately after maternity leave or at a later date, but it must be taken within 78 weeks of the child’s birth or placement.
Parental Benefits
EI provides two options for parental benefits:
-
Standard Parental Benefits: Up to 40 weeks total, shared between parents (one parent cannot receive more than 35 weeks).
- Pay rate: 55% of average weekly earnings (up to $668 per week).
-
Extended Parental Benefits: Up to 69 weeks total, shared between parents (one parent cannot receive more than 61 weeks).
- Pay rate: 33% of average weekly earnings (up to $401 per week).
How to Apply
Apply through My Service Canada Account using your EI profile. You’ll need:
- Your Social Insurance Number (SIN)
- A Record of Employment (ROE) from Justworks EOR (reach out to international-support@justworks.com)
- The child’s date of birth or adoption placement
Both parents must submit their own EI applications, even if you’re sharing benefits.
In cases of adoption
Employees who adopt a child are entitled to the same parental leave and benefits as biological parents.
- Leave length: Up to 63 weeks of job-protected leave under federal law.
- EI Parental Benefits: Same as above — either standard (55%) or extended (33%) rate.
You’ll need to provide proof of adoption, such as a letter from the adoption agency or local authority confirming the date of placement.
Compassionate Care and Family Caregiver Leave
You may need to take time away from work to care for or support a family member who is critically ill, injured, or in need of end-of-life care.
Canada’s Employment Insurance (EI) program offers caregiving benefits that provide income support during these difficult times. These benefits are available whether you are related to the person or simply considered “like family.”
You do not need to live with the person you’re caring for, and benefits can be shared among multiple caregivers, either at the same time or one after another.
Types of EI Caregiving Benefits
There are three kinds of caregiving benefits available under Employment Insurance (EI):
Family Caregiver Benefits for Children
- For caregivers providing care or support for a critically ill or injured child under 18.
- You can receive up to 35 weeks of benefits.
Family Caregiver Benefits for Adults
- For caregivers providing care or support for a critically ill or injured person aged 18 or older.
- You can receive up to 15 weeks of benefits.
Compassionate Care Benefits
- For caregivers providing end-of-life care to a family member or person considered like family.
- You can receive up to 26 weeks of benefits.
Who Can Qualify
To qualify for any of the EI caregiving benefits, you must:
- Have at least 600 insured hours of work in the 52 weeks before your claim starts (or since the start of your last claim, whichever is shorter).
- Show that your regular weekly earnings have decreased by more than 40% for at least one week because you’re providing care.
- Provide a medical certificate signed by a doctor or nurse practitioner confirming the person you’re caring for is critically ill, injured, or requires end-of-life care.
- Be either a family member or someone considered to be “like family” to the person needing care.
If you are not related to the person, you must include an Attestation Form confirming that the person receiving care (or their legal representative) considers you to be like family. For children, this form must be signed by the parent or legal guardian.
Caring for Someone Outside Canada
If the person you’re supporting lives outside of Canada, you may still be eligible for benefits. In this case, the medical certificate must be completed by a doctor or nurse practitioner in the country where the person is receiving care.
When to Apply
You should apply for EI caregiving benefits as soon as possible after you stop working or your earnings are reduced. Waiting too long could result in lost benefits. In some cases, a waiting period may apply before payments begin.
How to Apply
You can apply online through My Service Canada Account.
You’ll have up to 72 hours (3 days) to complete the online application once you start. After that, any unsaved information will be deleted, and you’ll need to restart your application.
You can submit supporting documents after your online application is complete.
You’ll need the following information:
- Your Social Insurance Number (SIN)
- Your mailing and home address
- The last name of one parent at birth (for security verification)
- Information about the person needing care, including:
- Your relationship to them
- Their full name, date of birth, and address
- Banking information for direct deposit
- Names, addresses, and employment dates for all employers in the past 52 weeks
- Records of Employment (ROE) from your employer
- If you quit or were dismissed in the last 52 weeks, a written explanation of the circumstances
You’ll also need to submit:
- Authorization to release medical information
- Medical certificate confirming the person’s condition
- Attestation form (if you’re not a family member)
How to Submit Documents
Once your documents are ready, you can submit them in any of the following ways:
- Upload them through My Service Canada Account
- Mail them to Service Canada
- Drop them off at a Service Canada Centre near you
Key Takeaways
- Maternity leave provides up to 17 weeks off and 15 weeks of EI benefits at 55% pay.
- Parents can share up to 40 weeks of standard parental benefits or 69 weeks of extended benefits.
- Adoptive parents receive the same entitlements as biological parents.
- Compassionate and caregiver leave allows you to support critically ill family members while receiving EI benefits.
- Apply for all Employment Insurance (EI) benefits through My Service Canada Account within 4 weeks of your last workday to avoid losing eligibility.
Need Help?
For more information, visit Canada.ca – Employment and Social Development or contact international-support@justworks.com for help understanding your benefits.
Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for accounting, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.