Ask the Expert › Can the Employer request a longer notice period than 2 weeks prior to starting a maternity leave? – Ontario
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hri_Admin Staff asked 2 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?

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hri_Admin Staff answered 2 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.