Maternity Leave

A pregnant who has been employed by the same employer for at least 90 days is entitled to unpaid maternity leave for between 6-16 weeks within the estimated due date.

• The employee must provide the employer with 6 weeks’ notice prior to taking leave

  • An employee who does not give her employer prior notice of maternity leave before starting it is still entitled to maternity leave if, within 2 weeks after she ceases to work, she provides her employer with a medical certificate:

• that indicates that she is not able to work because of a medical condition arising from her pregnancy, and

• giving the estimated or actual date of delivery.

  Note: maternity and parental leaves are unpaid, but employees may be able to receive EI benefits during this time.

  Employees who take maternity or parental leave are entitled to return to their job or a comparable position upon their return from leave. The Code also prohibits discrimination against employees on the basis of pregnancy or family status.

  Check with your employer or the human resources department to find out what your specific entitlements are.

Parental Leave

An employer must grant parental leave to an employee who is:

• an employee entitled to maternity leave, for a period of no more than 37 consecutive weeks immediately following the last day of maternity leave

• a parent who has been employed for at least 90 days, a period not more than 37 consecutive weeks within 53 weeks of the child's birth

• an adoptive parent who has been employed for 90 days, 37 consecutive weeks, no more than 37 consecutive weeks within 53 weeks after the child is placed with the adoptive parent

If employees are a parent to the same child they may:

• be taken wholly by one parent; or

• shared by the employees

The employee must give the employers at least 6 weeks’ written notice of the date the employee will start parental leave unless:

• the medical condition of the birth mother or child makes it impossible to comply

• the date of the child's placement was not foreseeable

No employer may terminate the employment of, or lay off:

• an employee who has started maternity or parental leave

• an employee because they are entitled to maternity or parental leave

AB ESC s.45, 50