Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-28-2011, 01:20 PM
Junior Member
 
Join Date: Aug 2010
Posts: 9
FirstTimeDad is on a distinguished road
Default How does Paternal leave work in Ontario

In my case my ex is employed part time without benefits and I assume she will be using EI for her maternity. I'm curious to know though how that will affect my intention of taking paternity since I have full benefits and am topped off at 93% my salary. If she decides to take the maximum allowable time will she be stopping me from taking advantage of my benefits package so that I may have time to bond with my child. Or are they two separate issues and one does not affect the other.

I am sure others have ran into this situation before as I can not be the first to have an ex who does not want to share maternity/paternity time.

Thanks in advance.
  #2 (permalink)  
Old 01-28-2011, 01:51 PM
Senior Member
 
Join Date: Aug 2009
Location: Ontario
Posts: 992
representingself is on a distinguished road
Default

I think that it would depend on who has custody of the child. I don't believe you can go off on paternity leave if you are not with the child..

Have you come to an agreement on custody, access, shared parenting?

Is the Mother planning on breastfeeding the baby??? If she is, than you will be hard pressed to get any substantial time with the child in the first year to 18 months...

Babies feed often and you can't force her to pump breast milk and the courts wont force baby formula.

If you haven't made an agreement on custody, and she is breastfeeding, it will be months before you get before a Judge...

By then I imagine the paternity leave will be a moot point.

You should probably speak to a Lawyer as soon as possible.
  #3 (permalink)  
Old 01-28-2011, 03:02 PM
Senior Member
 
Join Date: Dec 2009
Location: Dorking
Posts: 347
KeepSmiling is on a distinguished road
Default

There is no such thing as Paternity Leave.

In Ontario a woman (assuming the women is squishing the thing out) is entitled to 17 weeks of Pregnancy Leave.

There is also Parental Leave for either parent who either has a baby (biologically) or adopts a baby. The parental leave is 35 weeks if the pregnancy leave was taken, or 37 weeks if no pregnancy leave was taken.

The Parental Leave can be shared between Mom and Dad but cannot be longer than the 35 or 37 weeks in total for both people. ie: Mom can take 17 weeks of pregnancy leave and Dad can take 35 weeks of Parental leave at the same time, or after, or Mom and Dad can split the 35 weeks any way they choose.

So, what you have is .... there has to be cooperation between the two parties to split the parental leave in any way. You must provide your "PARTNER's" SIN number when applying for the parental leave so that the government makes sure you don't take more than your 35/37 weeks combined.

I also think that there may be a stipulation that you are actually in a somewhat permanent relationship with the child's other parent.

Anyhoo - I don't think you can force the child's mother into allowing you to take any or all of the parental leave time. I'm not sure what the Ontario Labour guys have to say about that .... you should call them. And let me know what they say .... just interested.
  #4 (permalink)  
Old 01-28-2011, 03:53 PM
Senior Member
 
Join Date: Aug 2009
Location: Ontario
Posts: 992
representingself is on a distinguished road
Default

Parental - Paternal....

Regardless... I don't think you have much of a chance at scoring time off work.
  #5 (permalink)  
Old 01-28-2011, 04:37 PM
Junior Member
 
Join Date: Aug 2010
Posts: 9
FirstTimeDad is on a distinguished road
Default

I just want to be clear on my intentions. I am not looking at this from a way to score time off work. The primary purpose of this leave is for parents to create a bond with thier child within the first year...both mother and father alike. Secondly I don't think the final decision should rest in the hands of one individual. I can't believe I'd be the first to think that a spiteful ex would take advantage and that there should be venues for which to seek equal opportunity. We are both parents and are both entitled to take advantage of that time.

Anyhow, I was just curious. I know it isn't a perfect world and we don't have a perfect system, but some things just seem painfully obvious to me. I just hopes the system would have something in place to settle these matters.
  #6 (permalink)  
Old 01-28-2011, 04:45 PM
InterprovincialParents's Avatar
Senior Member
 
Join Date: Aug 2010
Location: Ontario
Posts: 908
InterprovincialParents is on a distinguished road
Send a message via MSN to InterprovincialParents
Default

Actually, you have the right...if you are listed as the biological parent and have proof, you have just as much right to parental leave as the mom. However, I would hope that you have a parenting plan or arrangement in place already...

The system does have something in place...it is called communicating and co-parenting
  #7 (permalink)  
Old 01-28-2011, 05:32 PM
Junior Member
 
Join Date: Jun 2010
Posts: 11
Alfred75 is on a distinguished road
Default

Make sure your company supports parental leave in fact as well as on paper. I was fired from a job with a major financial company for taking a legal and authorized parental leave of 8 weeks. I was told that most men take no more than a few days, and that my unnecessary leave demonstrated a lack of commitment to the job. This was long ago (mid-90s) and things may be a little more progressive now, but be careful.
  #8 (permalink)  
Old 01-28-2011, 09:23 PM
Senior Member
 
Join Date: Aug 2009
Location: Ontario
Posts: 992
representingself is on a distinguished road
Default

Quote:
Originally Posted by FirstTimeDad View Post
I just want to be clear on my intentions. I am not looking at this from a way to score time off work. The primary purpose of this leave is for parents to create a bond with thier child within the first year...both mother and father alike. Secondly I don't think the final decision should rest in the hands of one individual. I can't believe I'd be the first to think that a spiteful ex would take advantage and that there should be venues for which to seek equal opportunity. We are both parents and are both entitled to take advantage of that time.

Anyhow, I was just curious. I know it isn't a perfect world and we don't have a perfect system, but some things just seem painfully obvious to me. I just hopes the system would have something in place to settle these matters.
That is all fine and good... but how do you plan on "bonding" with the child if you aren't physically with it??

Without communication and cooperation with your ex... you may be up poop creek.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Ontario Property Rights and Unjust Enrichment justafool Common Law Issues 4 09-17-2009 04:57 PM
sick kids & time off work... mcr Parenting Issues 1 12-15-2008 02:48 PM
Ex Spouse Refuses to Work maurice Financial Issues 7 09-03-2008 10:20 AM
Barrie, Ontario Rally 2008 - Pre-Register Now! logicalvelocity Political Issues 0 04-21-2008 10:51 PM
Ontario law must apply in Family Arbitrations lammie Divorce & Family Law 0 11-20-2005 10:29 AM


All times are GMT -4. The time now is 01:58 AM.