# Employer won't extend my leave



## Skadi

In Canada we get 12 months Maternity and Parental leave but if you have a hospitalized or premature baby it can be changed to start from the date your baby is discharged rather than the birth date. You just need your employer to cover leave from the birth date to the discharge date through insurance.

I asked HR about it, and explained that I would like to be able to stay at home with her until she reaches 12 months developmentally as it is in her best interests. This is the response I got:



> Hi Elizabeth,
> 
> Sorry for the delay in getting back to you on this - I was waiting to hear back from **** as he wanted an opportunity to review our policy and discuss the situation with ***** and *****. As you can imagine, this isn't something that has come up before.
> 
> Unfortunately we aren't able to accommodate this request. Although ************ self-insures for short-term disability we do have strict criteria around eligibility for this benefit, just like an insurance company would. In order to be consistent and fair to all employees, we cannot make exceptions to the eligibility criteria.
> 
> I'm sorry - I'm sure this wasn't the answer you were hoping for and I wish that I had better news.
> 
> Let me know if there's anything else I can help with.
> ******

Honestly, I am so upset about this! I feel like telling them to go shove it. Unfortunately OH doesn't make so much $ that we could afford it. I don't want to leave her with strangers when she isn't even technically a year old! :nope:


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## vermeil

Hello Skadi,

I'm in Montreal and yes I also was able to delay the start of mat leave until baby came home (almost 4 months later). What is funny is, the clerk on the phone said it was impossible until I insisted he told his supervisor of clause xx (don`t recall the exact number now). He came back saying he had learned something and indeed the obscure clause existed.

For the period in between I applied to federal unemployement insurance for health reasons and it was granted. My employer was understanding - technically you are allowed two years of absence and they cannot fire you. I was gone a total of 16 months.

Hope that helps - if you have more detailed questions just pm me *hugs*


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## Skadi

hmmm I should find out about unemployment insurance then. I just don't feel right about leaving her so young to go back to work. Thanks!


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## vermeil

totally understand that - we should get a full year with our little guys at home too dang it :thumbup:


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## toothfairyx

I can't really add anything of use employement law wise as I'm in the UK and not Canada - but I had to return to work very soon after both of mine were born as I'm a managing partner of a business so have staff wages / overheads to cover. I had Jamie in daycare 3 days a week from when he was 6 weeks corrected, and Jonny wasn't even out of hospital when I returned to work. He sat on my desk for a few weeks before going to nursery when he was 1 week corrected. Leaving them is really not as scary as you think it might be, and I can't say for Jonny he is too young, but Jamie has benefited enormously from being with other children, he really has caught up and more so his verbal skills are advanced for his actual age. He has never been clingy, he has never cried when I have left him and he is a very sociable good natured boy. Not the case I see with the 9-12 months old suddenly put into nursery who cry all the time! I guess what I am trying to say is don't stress too much about this at this stage - and this is only my opinion - but wrapping a preemie in cotton wool and not exposing them to the real world because they were early is often counter-productive to their development.


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## nellie75

Sorry to hear about this ... sounds like a violation of your human rights. Have you been able to make any progress. I got EI approval for 65 weeks (sickness, maternity and parental) resulting from my baby being hospitalized due to prematurity. Employer refuses to allow me to defer leave. emploer expecting me back to work.

I am confused????


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## nellie75

Hi - I'm interested in getting some more info about your case. What sort of paperwork did your employer send to EI to allow you to defer your mat leave? 

I'm amazed at how we are treated differently despite our similarities. Puzzling don't you think>

enjoy your baby.


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## Skadi

I have to go back in January still. There was nothing I could do except maybe quit which I am considering although we can't afford it. She is only 6 months adjusted now and obviously will only be acting like a 9 month old when I go back to work. I'm getting more and more stressed out about it as we are also breastfeeding and this will make it difficult to continue where it wouldn't be a problem were she a year.

It's so frustrating that my employer is showing no compassion or understanding and frankly it makes me not want to work for them.

The Government is NOT the problem here as they do make it possible but I think they need to make it LAW that the employer allows for the extended leave in these cases.


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