Pregnancy Leave

A pregnant employee is entitled to a leave of absence without pay unless her due date falls fewer than 13 weeks after she commenced employment

An employee may begin her pregnancy leave no earlier than the earlier of:

• the day that is 17 weeks before her due date; and

• the day of which she gives birth

  • this clause does not apply with respect to a pregnancy that ends with a stillbirth or miscarriage

An employee may begin her pregnancy leave no later than the earlier of her due date or the day that she gives birth

An employee wishing to take pregnancy leave shall give the employer

• a written notice at least two weeks before the day the leave is to begin; and

• if the employer requests, a certificate from a legally qualified medical practitioner stating the due date

An employees pregnancy leave ends

• if she is entitled to parental leave, 17 weeks after the pregnancy leave began

• if she is not entitled to parental leave, on the day that is later of

  • 17 weeks after the pregnancy leave began

  • 12 weeks after birth, stillbirth, or miscarriage

An employer may end her leave earlier than the day set out by giving her employer written notice at least four weeks before the day she wishes to end her leave

An employee who has given notice above to end her pregnancy leave may end

• in an earlier day than was set out in the notice if the employee gives the employer a new written notice at least four weeks before the earlier day or

• on a day later than was set out in the notice if the employee gives the employer new written notice at least four weeks before the indicated in the original notice

An employee who takes pregnancy leave shall not terminate her employment before the leave expires or when it expires without giving the employer at least four weeks’ notice of termination

Parental Leave

An employee who has been employed for at least 13 weeks and who is the parent of a child is entitled to a leave of absence without pay following the birth of the child or the coming of the child into the employee’s custody, care, or control for the first time

• may begin parental leave no later than 78 weeks after the day the child is born or comes into the employees custody care and control for the first time

• If pregnancy leave is taken, the employee must begin her parental leave when her pregnancy leave ends unless the child has not yet come into custody, care and control for the first time

• an employee wishing to take parental leave shall give the employer written notice at least two weeks before the day the leave is to begin

  • any change to the beginning of the parental leave must provide 2 weeks’ notice to the employer

• an employee’s parental leave ends 61 weeks after it began, if the employee also took pregnancy leave, 63 weeks after it began

• any changes to the end date of the parental leave must provide the employer 4 weeks’ notice

• if the employee is terminating employment during leave, must provide the employer with 4 weeks’ notice

Ont ESA Pt XIV s.46, 48