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Canadian working remotely for US company but I get a T4. Maternity benefit Q!

abigailmmarie

Newbie
Dec 5, 2014
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Hi everyone,

I work remotely for a small US company. This company does not have a permanent office in Canada but they do have a business number, they pay my federal and provincial taxes, and I receive a T4 every year. My issue is that I'm now pregnant. Does the US company have to honour Canadian laws and allow me to take up to 1 year of maternity leave (versus the 3 months available in the US)?

It's a small company so, if I take the year, I'm sure there will be a "restructuring" where my position would not be available after 1 year. If this is the case, do I have any recourse at all?

Thanks in advance for any advice!
Abigail
 

alok4best

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Dec 19, 2014
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abigailmmarie said:
Hi everyone,

I work remotely for a small US company. This company does not have a permanent office in Canada but they do have a business number, they pay my federal and provincial taxes, and I receive a T4 every year. My issue is that I'm now pregnant. Does the US company have to honour Canadian laws and allow me to take up to 1 year of maternity leave (versus the 3 months available in the US)?

It's a small company so, if I take the year, I'm sure there will be a "restructuring" where my position would not be available after 1 year. If this is the case, do I have any recourse at all?

Thanks in advance for any advice!
Abigail
If I am correct, the company does not pay for maternity leaves in Canada. The money comes out of your employment insurance, which you pay.
So if you are covered under employment insurance and have been paying for it, then your company must grant you leave for the govt mandated 50 weeks. Out of these 50 weeks, 15 are reserved for mother, and rest 35 can be shared between the couple.
So yes, they don't have to pay you any salary while you are on leave, but they cannot terminate your employment solely on this ground.