Maternity leave

An employee is entitled to a Maternity leave of absence from work of 17 weeks, without pay if the employee:

• has completed 12 months of continuous employment by the employer; and

• submits, at least 4 weeks before the day on which the employee intends to begin the leave which the employee provides the employer with a certificate of a qualified medical practitioner, a qualified nurse practitioner or a qualified registered midwife stating the employee is pregnant and the probable date of the birth of the child.

The leave of absence to which an employee is entitled is a period of 17 consecutive weeks or any shorter period the employee requests and the employer agrees to:

An employee granted maternity leave may return early:

• with the consent of the employer; or

• by giving to the employer four weeks’ notice in writing of the day the employee intends to return to work

If an employee:

• gives birth,

• terminates her pregnancy, or

• requires a leave of absence due to health problems related to pregnancy,

The employer must grant the employee a leave of absence from work, without pay, for a period of 17 consecutive weeks or a shorter period if the employee requests it.

The employer has the right to request a certificate from a qualified medical professional, such as a doctor, nurse practitioner, or midwife, to verify the reason for the leave.

An employee who requires leave because of health problems caused by or associated with the pregnancy cannot be required to return to work before a day that is six weeks after the date of the birth or of the termination of the pregnancy.

An employer may, at any time within the period of six weeks before the probable date of birth of the child, require an employee to begin a leave of absence

If the duties of the employee cannot reasonably be performed because of the pregnancy, an employer may at any time, with the consent of the director, require an employee to begin a leave of absence

Parental Leave

An employee who has completed 12 months of continuous employment with an employer is entitled to parental leave without pay for a period of up to 63 weeks when the employee

• becomes the birth mother of a child

• becomes the birth father of a child, or assumes the care and custody of the employee’s newborn child, or of their or their spouse’s newborn or adoptive child; or

• adopts a child

and submits to the employer a written request for leave under this section at least four weeks before the day on which the employee intends to begin the parental leave.

The required notice does not apply to an employee who is otherwise entitled to leave and who stops working because the child comes into their custody and care for the first time before the employee has been able to give the employer four weeks notice of the leave.

An employee must complete the parental leave no later than 78 weeks after the birth or adoption of the child or of the date on which the child comes into the employee’s care and custody.

An employee who has requested a leave of absence for a period under this section may return to work before the period is over:

• with the written consent of the employer

• by giving the employer four weeks’ notice in writing of the day they intend to return to work

The aggregate amount of parental leave that may be taken

• in the case of leave being taken by one employee only, is not to exceed 63 weeks; and

• in any other case, is not to exceed 71 weeks.

both employees may take parental leave at the same time if the employee who is first on parental leave cannot reasonably be expected to care for the child by themselves because of injury, illness, or death, or other hardship in the family.

• If an employee intends to take parental leave in addition to maternity leave, the employee must begin the parental leave immediately on the expiry of the maternity leave without a return to work after the expiry of the maternity leave unless the employer and employee otherwise agree or an applicable agreement otherwise provides.

YK ESA s.36-38