Downsizing

[kmom]

My company is going to be downsizing 150 people at the end of august. I am not due to have my baby until september. I am wondering, can i take my mat leave early and if I do will this secure my benefits until the mat leave is complete?

Also, as an alternative, if I was to take a sick leave until the baby was born is the company legally able to let me go?

Thank you for your help. Kmom

[Poufey]

Below is an excerpt from the EI website about when you can start maternity leave:

Maternity benefits

Maternity benefits are payable to the birth mother or surrogate mother for a maximum of 15 weeks. To receive maternity benefits you are required to have worked for 600 hours in the last 52 weeks or since your last claim. You need to prove your pregnancy by signing a statement declaring the expected due or actual date of birth.
The mother can start collecting maternity benefits either up to 8 weeks before she is expected to give birth or at the week she gives birth. Maternity benefits can be collected within 17 weeks of the actual or expected week of birth, whichever is later. Please note that the date you file your claim is very important in order for you to receive the maximum maternity benefits you are entitled to. If you are unsure about your most advantageous maternity period to receive maximum benefits, please contact us. If the actual date of birth is different from the expected date of birth, it is very important that you provide this date as soon as possible after the birth of your child. Please contact us at 1 800 206-7218 begin_of_the_skype_highlighting 1 800 206-7218 end_of_the_skype_highlighting from 8:30 am to 4:30 pm and press “0“ to speak to a representative. You can also write us or go in person to your Service Canada Centre. This way we will be able to determine the most advantageous maternity period, in order to receive the maximum maternity benefits you are entitled to.

Here is the website this was referenced from:

Employment Insurance (EI) and maternity, parental and sickness benefits

So, you can start your mat leave up to 8 weeks prior to your due date. Your employer is obligated to continue your benefits during your maternity leave.

As far as sick leave is concerned, companies are not allowed to discrminate against an employee due to a disability, which is technically what an illness could be perceived as. A best practice of most organizations is that they don't terminate people on sick leave- it would be a human rights nightmare.

Hope that helps. Does your company have an HR department? Usually they can be helpful. Also, you can always call the Service Canada 1-800#- they are very helpful.