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Can the Employer request a longer notice period than 2 weeks prior to starting a maternity leave? – Ontario
Ask the ExpertCan the Employer request a longer notice period than 2 weeks prior to starting a maternity leave? – Ontario
hri_Admin asked 3 years ago
Our company has many technical and challenging roles to replace/fill when an employee goes on leave and we would like to have as much notice as possible (exceeding the 2 weeks’ notice required by legislation) prior to the employee starting the maternity leave. Can we do that? What would be the most we can request?
1 Answers
hri_Admin answered 3 years ago
This comes from our payroll expert, Alan McEwan, and assumes you’re subject to Ontario ESA rather than federal Canada Labour Code regulation: No, the employer can’t impose a requirement for greater notice than 2 weeks. Also, note that the minimum 2 weeks notice does not apply in all circumstances. For example, if a birth is early or if an adoption suddenly becomes available, an employee may give notice after the fact of starting a leave.