DAOD 5001-2, Maternity and Parental Benefits

1. Introduction

Date of Issue: 2000-07-20

Effective Date: 2000-04-01

Application: This is an order that applies to members of the Canadian Armed Forces (CAF).

Supersession

  • CFAO 16-1, Leave, paragraph 42
  • CFAO 56-29, Pregnancy, Section 1 and Annexes A, B and C

Approval Authority: This DAOD is issued under the authority of the Director General Compensation and Benefits (DGCB).

Enquiries:

  • Leave - Directorate Pension and Social Programs (DPSP)
  • Allowances - Directorate Pay Policy Development (DPPD)

2. Overview

General

2.1 To ensure recruitment, employment and retention of suitably qualified women and men, the CAF, as an employer of choice, will provide maternity and parental benefits that assist both female and male members to balance the demands of military service with family responsibilities associated with the birth or adoption of their children.

2.2 The CAF will provide eligible members with time away from their military duties and compensation to care for their newborn or adopted children free from undue financial or duty-related concerns.

2.3 These benefits support policies of:

  1. gender equity by encouraging both parents to share family responsibilities; and
  2. employment equity by encouraging the recruitment and retention of women.

3. Maternity Benefits

Purpose

3.1 The purpose of maternity benefits is to:

  1. facilitate post-pregnancy recuperation for the mother; and
  2. enable her to provide early care and nurturing of the child.

Maternity Leave

3.2 Eligiblility, extensions and other limitations concerning maternity leave for members of the Regular Force and Reserve Force on Class "B" or "C" Reserve Service are set out in QR&O 16.26, Maternity Leave.

3.3 A member whose current period of service will expire in less than 17 weeks is granted maternity leave for the remainder of her current period of service.

Maternity Allowance

3.4 Eligibility, required service and other limitations concerning maternity allowance for members of the Regular Force and Reserve Force on Class "A", "B" and "C" Reserve Service are set out in QR&O 205.46, Maternity Allowance.

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4. Parental Benefits

Purpose

4.1 The purpose of parental benefits is to facilitate:

  1. the care and nurturing of the child by both parents, whether biological or adoptive; and
  2. a period of bonding between parents and their child.

Parental Leave

4.2 Eligibility, extensions and other limitations concerning parental leave for members of the Regular Force and Reserve Force on Class "B" or "C" Reserve Service are set out in QR&O 16.27, Parental Leave.

4.3 A member whose current period of service will expire in less than 26 weeks is granted parental leave for the remainder of the member's current period or terms of service.

Shared Custody

4.4 If a member shares custody of a child with another person, the member is entitled to parental leave only while the member has actual care and custody of the child.

Cessation of Parental Leave

4.5 Entitlement to parental leave ceases the day after the member no longer has the care and custody of the child (for example, family separation, adoption of the child by another person, death of the child).

Parental Allowance

4.6 Eligibility, required service and other limitations concerning parental allowance for members of the Regular Force and Reserve Force on Class "A", "B" and "C" Reserve Service are set out in QR&O 205.465, Parental Allowance.

5. Process

5.1 The following table outlines the process for CAF members proceeding on maternity and/or parental leave, as applicable.

When?Who?What happens?

At pregnancy

CAF member

  • visits MIR or family doctor and obtains pregnancy report; and
  • makes preliminary visit to the administration support office to obtain general information and documentation concerning maternity and/or parental benefits.

Two months prior to the expected date of commencement of maternity or parental leave or as arranged at preliminary visit

CAF member and administration support office

  • completes form DND 2268, Application Form for Maternity/Parental Benefits; and
  • makes necessary administrative and financial arrangements.

Two or three weeks prior to the expected commencement date of leave or as previously arranged

Administration support office

  • advises the member on allowance entitlement, pay allotments and deductions;
  • issues a record of employment (ROE) (when the commencement date of the maternity or parental leave is known).

Note - If the commencement date of leave is unknown, the ROE can only be issued once the member advises the administration support office of the birth or adoption.

CAF member

  • proceeds to the Human Resource Centre (HRC) to complete the form for employment insurance (EI) maternity and/or parental benefits.

At birth or adoption

CAF member

  • informs the administration support office and HRC of the date of the child's birth or adoption; and
  • forwards a copy of the EI benefit statement to the administration support office.

On return to duty

CAF member

  • visits the administration support office for financial and administrative follow-up.

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6. Entitlement Guidelines

Administration

6.1 Members must apply for maternity and/or parental benefits using form DND 2268, Application Form for Maternity/Parental Benefits.

Waiting Period

6.2 Members who apply for EI maternity and/or parental benefits will be subject to a two-week waiting period imposed by the Employment Insurance Act during which no EI benefits will be paid.

6.3 Parents who request that parental benefits be divided between them will each be subject to a waiting period. Where the mother claims both EI maternity and parental benefits, the EI waiting period will be imposed only once.

6.4 The waiting period may be waived by Human Resources Development Canada (HRDC) when a member is on sick leave immediately prior to commencing maternity or parental leave. Members should consult with the Human Resources Centre (EI office).

Return to Duty

6.5 The following periods are considered to be a examples of return to duty for imperative military requirements for the purposes of QR&O articles 16.26, Maternity Leave and 16.27, Parental Leave:

  1. a house hunting trip under QR&O article 209.832, House Hunting Trip;
  2. travelling time provided under QR&O Chapter 209, Transportation and Travelling Expenses for a posting;
  3. Special Leave (Relocation) (CANFORGEN 054/99 ADM(HR-Mil) 042 181807Z Jun 99); and
  4. the period of time taken prior to a posting to complete out clearance, normally not more than one or two days.

6.6 Attendance at medical, dental or other administrative appointments during periods of maternity and parental leave is not considered a return to duty for imperative military requirements.

Sick Leave

6.7 Sick leave may be granted in accordance with QR&O 16.16, Sick Leave, prior to maternity leave or during the period of maternity or parental leave for any period during which a medical officer considers a member unfit for duty.

6.8 Maternity and parental leave is not extended by any period of sick leave taken during the period of maternity or parental leave.

6.9 If a member does not request maternity leave and is granted sick leave, the member will recommence full or restricted duties after the period of the sick leave with such medical limitations as the medical officer determines to be necessary (e.g. light duty or excused drill). The member may apply to complete any portion of the 17-week period of maternity leave that is still available to her under QR&O article 16.26, Maternity Leave.

Other Leave

6.10 A member shall not be ordered to take annual or accumulated leave within the period of maternity or parental leave but may request such leave.

6.11 If a member is granted leave with pay, other than Special Leave (Relocation), within the period of maternity or parental leave, the termination date of the maternity or parental leave shall not be extended by such periods of leave.

Replacement

6.12 A member on maternity or parental leave may be temporarily replaced through the normal staffing process.

7. Responsibilities

Responsibility Table

7.1 The following table identifies the primary responsibilities for implementing and administering maternity and parental benefits.

The ...is responsible for ...

CO

  • approving maternity leave, parental leave, maternity allowance and parental allowance.

DPSP

  • implementing maternity and parental leave policy.

DPPD

  • implementing maternity and parental allowances policy.

8. References

Acts, Regulations, Central Agency Polcies and Policy DAOD

  • Employment Insurance Act
  • QR&O 16.16, Sick Leave
  • QR&O 16.26, Maternity Leave
  • QR&O 16.27, Parental Leave
  • QR&O 205.46, Maternity Allowance
  • QR&O 205.465, Parental Allowance

Other References

  • QR&O 204.40, Severance Pay
  • QR&O 204.54, Reserve Force Retirement Gratuity
  • QR&O 209.832, House Hunting Trip
  • CFAO 56-29, Pregnancy
  • CANFORGEN 054/99 ADM(HR-Mil) 042 181807Z Jun 99, Special Leave (Relocation)
  • CFMO 26-13, Medical Administration of Pregnant Members
  • A-FN-100-002/AG-005, Financial Administration Manual Volume 5, Chapter 98
  • A-PP-005-LVE/AG-00, Canadian Forces Leave Policy Manual
  • A-PS-007-000/AE-005, "Baby on the Way". Pregnancy in the Canadian Forces - A Survival Booklet
  • Form DND 2268, Application Form for Maternity/Parental Benefits