Pregnancy Leave

pregnant employees who have worked for the same employer for at least 20 consecutive weeks before their expected due date are entitled to a leave of absence without pay.

The leave can start no earlier than 17 weeks before the expected birth date. The employee must give the employer at least two weeks' written notice of when the leave will begin and a certificate from a medical practitioner or nurse practitioner stating the estimated due date.

If an employee stops working due to pregnancy complications or a birth, stillbirth, or miscarriage that happens earlier than expected, they are entitled to leave and must give written notice and a medical certificate within two weeks of stopping work.

Pregnancy leave ends 17 weeks after it begins if the employee is entitled to parental leave, or either 17 weeks after it began or 6 weeks after the birth, stillbirth, or miscarriage, whichever is later, if they are not entitled to parental leave. The employee can end their pregnancy leave earlier than these dates by giving the employer at least four weeks written notice. If the employee does not plan to take parental leave, they must notify the employer of their return to work at least four weeks before the date they intend to return.

Adoption Leave

If an employee has worked for the same employer for at least 20 consecutive weeks and becomes a parent, they are entitled to take a leave of absence without pay when they first receive care and custody of their child.

The employee must give their employer at least two weeks’ written notice of when they plan to begin the leave.

Parental Leave

The employee must have been working for the same employer for at least 20 weeks in a row to be eligible.

The leave can be taken when the child is born or when the child comes into the care and custody of the parent for the first time.

If the employee is also taking pregnancy leave, the parental leave will start when the pregnancy leave ends, unless the child has not yet come into the care and custody of the parent for the first time.

The employee must give their employer at least 2 weeks' written notice before starting the leave. If the child comes into the custody of the parent sooner than expected, the employee can take parental leave immediately, and they must give their employer written notice within 2 weeks of stopping work.

The parental leave can last up to 61 weeks and must end no later than 96 weeks after the child is born or comes into the care and custody of the parent for the first time unless the employee gives their employer at least 4 weeks' written notice of an earlier end date.

An employee can change the start or end date of their leave by giving their employer written notice.

When the employee returns to work after the leave, their contract of employment must be the same as it was before the leave started.

An employer cannot dismiss an employee or give notice of dismissal to an employee because they are pregnant or taking pregnancy, adoption, or parental leave. If an employee is dismissed for this reason, the employer must prove that the reason for dismissal is not related to the leave.

NF Labor Standards Act s.41-43