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Maternity Policy
I need a maternity policy that outlines the eligibility criteria, duration, and benefits for employees taking maternity leave, ensuring compliance with Canadian federal and provincial regulations. The policy should include details on job protection, health benefits continuation, and procedures for applying for and returning from leave.
What is a Maternity Policy?
A Maternity Policy outlines how an organization handles pregnancy-related leave and benefits for employees. It explains key rights under the Canada Labour Code, including the standard 17 weeks of maternity leave, job protection guarantees, and continuation of health benefits during leave periods.
The policy typically covers important details like leave notification requirements, how to apply for Employment Insurance maternity benefits, and the process for returning to work. It also explains how the company maintains workplace accommodations for pregnant employees and coordinates maternity leave with other types of leave, such as parental leave, which provides additional time for childcare.
When should you use a Maternity Policy?
Organizations need a Maternity Policy from day one of hiring their first employee in Canada. It's essential to have this policy in place before pregnancy-related situations arise, as it helps managers and HR teams respond consistently and fairly while staying compliant with labour laws.
The policy becomes particularly valuable during periods of company growth, when establishing new offices, or when updating existing leave policies to reflect changes in legislation. It helps prevent discrimination claims, ensures smooth leave transitions, and gives employees clear guidance on their rights and responsibilities well before they need to use maternity benefits.
What are the different types of Maternity Policy?
- Maternity Leave Agreement: A formal document between employer and employee detailing specific leave arrangements, return dates, and benefit continuation terms. Used for individual leave planning and documentation.
- Maternity Leave Policy For Contract Employees: Specialized version addressing unique needs of non-permanent workers, including modified eligibility criteria, benefit calculations, and leave duration based on contract terms.
Who should typically use a Maternity Policy?
- HR Managers and Legal Teams: Draft and update the Maternity Policy to ensure compliance with Canadian labour laws while reflecting company practices and values.
- Employees: Reference the policy to understand their maternity leave rights, benefits, and responsibilities during pregnancy and leave periods.
- Department Managers: Use the policy to properly handle leave requests and maintain consistent treatment of pregnant employees.
- Benefits Administrators: Apply the policy when processing maternity leave paperwork and coordinating Employment Insurance benefits.
- Union Representatives: Review and negotiate policy terms during collective bargaining to protect members' interests.
How do you write a Maternity Policy?
- Review Current Laws: Check the Canada Labour Code and provincial employment standards for minimum maternity leave requirements and benefits.
- Gather Company Details: Document your organization's size, industry, and any existing leave policies or collective agreements.
- Define Benefits Structure: Outline supplemental benefits beyond EI, including health coverage continuation and return-to-work guarantees.
- Set Clear Procedures: Establish notification timelines, documentation requirements, and leave application processes.
- Use Our Platform: Generate a legally-sound Maternity Policy that automatically includes all required elements and reduces drafting errors.
What should be included in a Maternity Policy?
- Eligibility Criteria: Clear definition of which employees qualify for maternity leave and under what conditions.
- Leave Duration: Statement of the 17-week minimum maternity leave period and any additional company-provided time.
- Notice Requirements: Specific timelines for requesting leave and providing medical documentation.
- Benefit Continuation: Details on health coverage, pension contributions, and other benefits during leave.
- Return-to-Work Rights: Guarantees of job protection and reinstatement terms.
- EI Coordination: Information on Employment Insurance benefits and any top-up program details.
- Compliance Statement: Reference to relevant sections of the Canada Labour Code and provincial standards.
What's the difference between a Maternity Policy and an Employment Policy?
A Maternity Policy differs significantly from an Employment Policy in several key ways. While both documents address workplace rights and responsibilities, they serve distinct purposes and cover different aspects of the employer-employee relationship.
- Scope and Focus: Maternity Policies specifically detail pregnancy-related leave rights and benefits, while Employment Policies cover broader workplace conditions, rules, and general employment terms.
- Legal Requirements: Maternity Policies must align with specific provisions of the Canada Labour Code regarding maternal leave, while Employment Policies address wider employment standards and workplace regulations.
- Time Application: Maternity Policies apply during a specific period (pregnancy, leave, and return), while Employment Policies remain relevant throughout the entire employment relationship.
- Benefit Structure: Maternity Policies detail specialized benefits like EI coordination and leave top-ups, whereas Employment Policies cover standard compensation and general benefits.
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