Who's responsible for what during a Canadian employee's leave — employer, employee, or government?

Quick answer

During a Canadian employee's parental or pregnancy leave, three parties have distinct responsibilities: the employer administers and approves the job-protected leave itself and issues a Record of Employment (ROE); the employee applies directly for paid benefits (EI or QPIP) and coordinates benefit-sharing with the other parent if applicable; and the government determines benefit eligibility, calculates amounts, and pays the employee directly. Tilt supports the employer by identifying required information, determining provincial eligibility, tracking timelines, and explaining the process to employees — but does not determine benefit eligibility or issue payments.

Who this applies to / Prerequisites

• U.S.-based HR teams administering leave for employees working in Canada
• Applies to pregnancy (maternity) and parental (bonding) leave specifically
• Assumes the employee is pursuing both job-protected leave (provincial) and paid benefits (EI or QPIP) concurrently, as is typical

Roles and responsibilities

1. Employer: Issues a Record of Employment (ROE) when the employee stops working and experiences an interruption in earnings. The employer is responsible for approving and administering the job-protected leave itself — this is separate from, and happens alongside, the employee's application for government-paid benefits.
2. Employer (via Tilt): Tilt supports the employer by identifying the information needed to structure the leave, determining eligibility for provincial job-protection laws, tracking leave timelines, and explaining the Canadian leave framework to employees, including how to apply for paid benefits.
3. Employee: Applies directly for EI or QPIP benefits, selects between standard and extended parental benefits where applicable, coordinates benefit-sharing decisions with the other parent if applicable, and provides required information to the government.
4. Government: Determines eligibility for EI or QPIP, calculates the benefit amount, and pays benefits directly to the employee. The employer is not involved in this determination or payment.
5. Optional employer role: Employers may choose to provide supplemental pay (top-up) through a company leave policy, in addition to the government-paid benefit the employee receives directly.

What if it doesn't work

• Unsure who issues the ROE: This is the employer's responsibility, triggered when the employee stops working and experiences an interruption in earnings.
• Employee expects the employer to determine or pay their EI/QPIP benefit: This is a government responsibility, not an employer or Tilt responsibility — the employee must apply directly, and the government calculates and pays the benefit.
• Employee needs help understanding the process: Tilt can explain the Canadian leave framework and how to apply for paid benefits, but cannot apply on the employee's behalf or determine their eligibility.
• Employer wants to provide additional pay during leave: Employers may offer supplemental pay (top-up) through a company leave policy; check whether the structure of the payment affects the employee's EI/QPIP benefit amount.
• If none of these apply, escalate to your Leave Success Manager for guidance specific to the employee's situation.

Limits and exceptions

• Tilt identifies eligibility for provincial job-protection laws and tracks timelines, but does not determine EI/QPIP eligibility, calculate benefit amounts, or pay benefits — those are government responsibilities.
• Tilt does not apply for EI or QPIP benefits on the employee's behalf; the employee must apply directly.
• Benefit-sharing coordination between parents (for EI or QPIP) is the employees' responsibility, not the employer's or Tilt's.
• This division of responsibility applies to standard pregnancy and parental leave scenarios; federally regulated employees (banking, telecommunications, air transportation) may have different employer obligations under federal job-protection law.

Related questions

• Who issues the Record of Employment (ROE) for a Canadian employee on leave?
• Does the employer or the government pay EI benefits?
• What does Tilt do to support Canadian leave administration?
• Can an employer provide additional pay on top of EI or QPIP benefits?
• Who determines eligibility for EI or QPIP — the employer or the government?
• What is the employee responsible for during a Canadian parental leave?