Table 3 Policy changes to maternity leave benefit

1971

15 week MLB introduced to biological mothers for those who have worked 20 weeks in the previous year. Through amendments to the Canada Labour Code, this also prohibited dismissal of lay-off because of pregnancy. Women needed to demonstrate that they had worked 10 weeks prior to their conception in order to be eligible (on top of regular Employment Insurance (EI)* eligibility criteria) - this was known as the “Magic 10 rule”.

1974

Flexible MLB was enacted, allowing women who qualified to collect 15 weeks of benefits at any point a 26-week period, for up to eight weeks prior to birth, and 17 weeks after.

1979

Employment Insurance amended to allow women who were on MLB in the previous year less than 20 weeks work in order to be considered eligible for MLB again.

1983-1984

Adoptive mothers awarded MLB, recognizing the purpose of the leave is not just for the physical recuperation of the mother, but also for the infant’s adjustment. Length of MLB granted is 15 weeks. 'Magic 10 rule’ was also abolished, requiring women to have only worked the mandatory amount for regular EI benefits.

1987

The federal government passed legislation making the MLB mandatory for employers under the Canada Labour Code, thereby closing a loop-hole.

1988

New legislation allowed mothers to delay the beginning of their MLB until they leave the hospital. Previous system had expired benefits after 15 weeks regardless.

1989-1990

Biological fathers were granted an additional 10 weeks leave on top of the 15 weeks of leave biological mothers are allotted through EI. The 10 weeks newly granted could be taken by the mother instead of the father as well. Sickness benefits were also be allowed to be taken on top of Parental Leave Benefits without penalty, and those who were out of work due to labour disputes could also have sought Parental Leave Benefits according to revisions to the Labour Code. Leave for adoptive parents was amalgamated into the same Benefit system, affording them the 10 weeks afforded to fathers, instead of the 15 weeks they were granted under employment laws in 1984.

1997

Change in the number of hours needed to qualify for the MLB from 300 to 700, meaning that 12,000 fewer women qualified in 1997, compared to 1996.

1999

Reforms to EI to form a 'special benefits’ program, which allowed parents to qualify for Parental (including Maternity) Leave Benefits with 600 insurable hours, rather than the previous demand of 700 insurable hours

2000

Many fathers were not taking |Parental Leave Benefits. In order to increase uptake policy changes increased the length of benefit to 35 weeks from 10 weeks, and also eliminated one of the two week waiting periods if both parents were applying (thus only one parent needed to the waiting period). EI also provided up to 55% of wages during 15 weeks of maternity leave- combined leave is therefore 50 weeks. Parents were also allowed to work part-time during Parental Leave Benefits, but not Maternity Leave Benefit.

2000

Liberal government announced plans to make it easier for a mother to apply for MLB if having a second child relatively soon after a first child by reducing the number of hours worked needed in order to be eligible. The number of hours worked needed for qualification was reduced to 600.

2009

Maternity Leave Benefit and Parental Leave Benefits were extended to self-employed workers, to be available in 2011. To be eligible, a self-employed worker must enter into an agreement with Service Canada one year prior to accessing the benefits.