Maternity leave

Pregnant employees can take a leave of absence without pay for up to 17 weeks before and after their due date.

They must give their employer at least four months' notice before the expected delivery date, and two weeks' notice before starting the leave.

When the employee returns to work after the leave, the employer must allow them to resume their previous position or a similar one, without a pay cut or loss of benefits.

If the employee's duties cannot reasonably be performed by a pregnant woman, the employer can require the employee to take leave earlier.

Child care leave

Employees who are natural parents of a newborn or unborn child or who are adopting a child a leave of absence without pay for up to 62 consecutive weeks or a shorter period as requested by the employee.

The employee must provide a certificate from a medical practitioner, nurse practitioner, or midwife specifying the expected delivery date or the date of birth, and give the employer four weeks' written notice before the leave starts.

If the leave is for adoption, the employee must give written notice and proof that a child has been or will be placed with them for adoption. The leave cannot start before the child comes into the employee's care and custody and must end no later than 78 weeks after that date.

If both parents are employees, they can share the leave, but the total amount of leave taken cannot exceed 62 weeks.

If an employee takes a leave under both maternity and child care leave, they must start the child care leave immediately after the maternity leave ends, unless the employer and employee agree otherwise.

NB Employment Standards Act s.42-44