Pregnancy Leave

An eligible employee is entitled to 17 consecutive weeks of pregnancy leave without pay, which can start at any time during the 17 weeks immediately before the estimated delivery date.

To be eligible, the employee must:

• have worked for the employer for a prescribed length of time,

• submit a written request for the leave at least four weeks before the start date, and

• provide a medical certificate confirming the pregnancy and estimating the delivery date.

If an employee cannot provide the required notice due to a medical condition caused by the pregnancy, she can still take pregnancy leave by providing a medical certificate within two weeks after ceasing work.

The leave can be extended to the actual delivery date, up to a maximum of six additional consecutive weeks.

If the employee gives birth without submitting a request for pregnancy leave, she is entitled to six consecutive weeks of leave without pay, provided she provides a medical certificate confirming the birth date.

An employee can also shorten their pregnancy leave with the consent of the employer.

An Employment Standards Officer may require an employee to commence pregnancy leave if they are satisfied that the employee cannot perform their duties reasonably due to the pregnancy.

Parental Leave

An eligible employee is entitled to 61 consecutive weeks of unpaid parental leave to care for a newborn child, a recently adopted child, or a child for whom the employee has commenced adoption proceedings.

If more than one employee wants to take leave for the same birth or adoption, the total amount of leave must not exceed 69 weeks, and one employee's leave must not exceed 61 weeks.

The parental leave must be taken during the period beginning on the day of the child's birth or arrival at the employee's home for adoption and ending 78 weeks after that time for one employee or 86 weeks after that time for more than one employee.

If an employee plans to adopt more than one child and they arrive at the employee's home at substantially the same time, the employee may take the parental leave during the period beginning on the day the first child arrives and ending one year after the day on which the last child arrives.

An employee is entitled to only one period of parental leave, even if more than one child is born or arrives at substantially the same time.

To be eligible for parental leave, the employee must:

• have been employed by the employer for a prescribed length of time and

• submit a written request for parental leave to the employer at least four weeks before the day on which he or she intends to commence the leave.

If the employee is unable to submit the request within the time required because of the child's adoption, the employee is entitled to six consecutive weeks of unpaid parental leave.

NWT ESA s.26-28