Maternity period included in 3 years skilled employment.

[tuhc]

My wife has total 3 years of experience, as a software developer, but in these 3 years she was on maternity for 7 months. So would it make any negative impact on her point claim for 3 years skilled employment in last 10 years.
My question is

Do we claim full point for her 3 years employment ?

OR

We go for 2 years employment ?

Many Thanks

 

[21Goose]

She didn't quit her job, right? She was still employed and on leave? If yes, then you can count the time.

 

[tuhc]

No she left the job in April 2017, she was on maternity during this period, but left the job due to some personal reasons.

 

[picklee]

She didn't quit her job, right? She was still employed and on leave? If yes, then you can count the time.

This is wrong.

My wife has total 3 years of experience, as a software developer, but in these 3 years she was on maternity for 7 months. So would it make any negative impact on her point claim for 3 years skilled employment in last 10 years.
My question is

Do we claim full point for her 3 years employment ?

OR

We go for 2 years employment ?

Many Thanks

Your wife has 2 years of work experience. You cannot count leave towards the qualifying work experience.

 

[picklee]

No she left the job in April 2017, she was on maternity during this period, but left the job due to some personal reasons.

Then the answer is obvious. She quit her job before 3 years.

 

[21Goose]

Yes, if she quit her job then you can't claim the experience.

 

[tuhc]

No she strated her job in Feb 2014 and quit April 2017.

7 months of maternity period included in these 3years and 2months time of her employment.

 

[21Goose]

No she strated her job in Feb 2014 and quit April 2017.

7 months of maternity period included in these 3years and 2months time of her employment.

If her employer will give her a letter that says she was continuously employed through that period, working at least 40 hours a week, then you should be able to claim that experience.

Vacations are counted as part of work ex - if you take 4 weeks off, you won't say that you were only employed 11 months of the year.

 

[lebovsky]

imo i don't think she should be claiming that 7 months as employment since she wasn't working. i took 2 months no pay leave but left that out of my work experience.

 

[21Goose]

If her employer will give her a letter that says she was continuously employed through that period, working at least 40 hours a week, then you should be able to claim that experience.

Vacations are counted as part of work ex - if you take 4 weeks off, you won't say that you were only employed 11 months of the year.

Here's how the province of Manitoba defines a period of work

What is a period of employment?
The length of time from when an employee starts working for an employer until the day the employment ends.

The period of employment also includes periods of temporary interruption in employment (a layoff, an unpaid leave) seasonal employment, and when an employee returns to work for the same employer after a break of less than two months. Employees who work in a seasonal industry and return to work with the same employer each season have continuous service. Each consecutive season they return adds one more year of service to their total period of employment.

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Here's Ontario

https://www.labour.gov.on.ca/english/es/pubs/guide/pregnancy.php

The Right to Earn Credits for Length of Employment, Length of Service and Seniority
Employees continue to earn credits toward length of employment, length of service, and seniority during periods of leave.

Example: Length of service
Trina's employment contract states that she earns 1 paid vacation day for each month of active service and that after 5 years (length) of service she will begin to earn 1½ paid vacation days for each month of active service. She is on pregnancy and parental leave for her entire 5th year of employment.

Because her leave will count towards "length of service" the year on leave will count to complete her 5 years length of service and she will be then be entitled to earn 1½ paid vacation days for each month of active service when she returns from her leave.

However, while she was on the leave she was not earning credit for active service and so under her contract she was not earning paid vacation days during the leave itself. At the end of the leave she would not have earned any paid vacation under contract but the employer would be required to ensure that she received at least the minimum vacation entitlement for that year (2 weeks of vacation time off plus 4% of any wages earned in that year).

 

[21Goose]

imo i don't think she should be claiming that 7 months as employment since she wasn't working. i took 2 months no pay leave but left that out of my work experience.

Maternity leave is counted for length of employment in Canada. The law is quite clear on that. It's also counted for length of employment in India.