In the case where the child was born or came into the custody, care and control of the employee before December 3, , a birth mother who takes pregnancy leave is entitled to take up to 35 weeks of leave, and all other new parents are entitled to take up to 37 weeks of parental leave.
Employees may decide to take a shorter leave if they wish. However, once an employee has started parental leave, they must take it all at one time. The employee cannot use up part of the leave, return to work for the employer and then go back on parental leave for the unused portion.
However, under the ESA , a return to work, even on a part-time basis, would end the parental leave. An employee who has a miscarriage or stillbirth, or whose spouse or same-sex partner has a miscarriage or stillbirth, is not eligible for parental leave.
Because EI benefits can be taken over a shorter period or longer period, it is strongly advised that employees tell the employer exactly how many weeks they plan to take as parental leave when they give notice for example, 37 weeks or 63 weeks. If an employee is also taking a pregnancy leave, she may, but is not required to, give her employer notice of the parental leave when she gives notice of her pregnancy leave. In this case, the employee has two weeks after stopping work to give the employer written notice that they are taking parental leave.
The parental leave begins on the day the employee stops working. Suppose an employee has given notice to begin a parental leave. The employee can begin the leave earlier than they have told the employer by giving the employer new written notice at least two weeks before the new, earlier date. If the employee intends to use less than 61 or 63 weeks of leave, it is advised that the employee clearly state the number of weeks they plan to take in the new written notice.
Leroy gave his employer written notice that he would begin his parental leave on September Now he wants to start his leave on August Leroy must give his employer new written notice by August 13 two weeks before August An employee can also change the starting date of the leave to a later date than they originally told the employer.
To do this, the employee must give the employer new written notice at least two weeks before the original date the leave was going to begin. Wendy gave her employer written notice that she would start her parental leave on September Now Wendy wants to start her leave on September An employee who fails to give the required notice does not lose their right to a parental leave.
An employee can tell the employer when they will be returning to work, but is not required to do so. If the employee does not specify a return date, or did not specify a return date when the original notice that the employee was planning to take the leave was given, the employer is to assume that the employee will take their full 61 or 63 weeks of leave.
For example, if an employee did not specify that in the original notice that they planned to take 35 or 37 weeks of leave, the employer will assume that the employee will take the full 61 or 63 weeks of leave.
An employer cannot require an employee to return from leave early. An employee may want to return to work earlier than the date they were scheduled to return. If so, the employee must give the employer written notice at least four weeks before the new, earlier day. An employee may want to return to work later than they were scheduled to return. In this case, the employee must give the employer new written notice at least four weeks before the date the employee was originally going to return.
However, unless the employer agrees, the employee cannot schedule a new return date that would result in the employee taking a longer leave than they are entitled to under the ESA. Suppose an employee decides to resign before the end of their parental leave, or at the end of the leave. In either case, the employee must be paid at least as much as they were earning before the leave. Also, if the wages for the job went up while the employee was on leave, or would have gone up if they hadn't been on leave, the employer must pay the higher wage when the employee returns from leave.
If an employer has dismissed an employee for legitimate reasons that are totally unrelated to the fact that the employee took a leave, the employer does not have to reinstate the employee. Employees on pregnancy or parental leave have a right to continue to take part in certain benefit plans that their employer may offer. These include:. The employer must continue to pay its share of the premiums for any of these plans that were offered before the leave, unless the employee tells the employer in writing that they will not continue to pay their own share of the premiums.
In most cases, employees must continue to pay their share of the premiums in order to continue to participate in these plans. Employees who are on pregnancy or parental leave can also continue to participate in other benefit plans if employees who are on other types of leave are able to continue to participate in those plans. In addition, a female employee may be entitled to disability benefits during that part of the leave during which she would not have been able to work for health reasons related to her pregnancy or childbirth.
Employees continue to earn credits toward length of employment, length of service, and seniority during periods of leave. She is on pregnancy and parental leave for her entire fifth year of employment. However, while she was on the leave she was not earning credit for active service and so under her contract she was not earning paid vacation days during the leave itself. At the end of the leave she would not have earned any paid vacation under contract but the employer would be required to ensure that she received at least the minimum vacation entitlement for that year two weeks of vacation time off plus four per cent of any wages earned in that year.
Karen is a member of a union that has bargaining rights at her workplace. Karen continues to accrue seniority for all purposes during her pregnancy and parental leaves, just as if she had been actively employed. The period of a leave is not included when determining whether an employee has completed a probationary period.
If an employee was on probation at the start of a leave, they must complete the probationary period after returning to work. Parental leave for adoption: You may take up to 37 weeks of leave without pay in the week period beginning on the day a child you are in the process of adopting comes into your care. In addition, a provincially legal adoption process must be underway before you request this leave.
Most collective agreements and terms and conditions of employment provide for the use of sick, annual or compensatory leave for a period preceding or following the end of a pregnancy. Refer to your collective agreement to confirm eligibility criteria for the maternity or parental allowance. Generally, to be eligible for the maternity or parental allowance, you must:. If you are considering the extended option for EI parental benefits, please note that the maximum combined maternity and parental allowances payable will remain at 52 weeks, which includes 35 weeks of parental allowance.
If you have been acting for more than 4 months, including the day immediately preceding the maternity or parental leave, your allowance will generally be based on your acting rate of pay. Your maternity or parental allowance will be adjusted to reflect changes to your salary following a pay increment or revision. Most collective agreements and terms and conditions of employment contain special provisions for totally disabled employees requesting a maternity or parental allowance.
Generally, you are allowed up to 3. If you need to book a series of appointments for the treatment of a particular condition relating to the pregnancy, you should use sick leave to account for your time off work. In this section, learn what you need to do to ensure you get the appropriate leave and allowances.
Notify your manager about your planned leave as soon as possible or at least 6 weeks before your expected leave date. Your manager must approve your request for leave. You will receive a benefit letter outlining what happens to your pay, insurance and benefits as a result of your leave without pay. You may also contact the Client Contact Centre for an assessment of the impact your leave may have on these benefits.
To apply, submit an application online application. We use cookies to improve functionality and performance. By clicking "OK" or by continuing to browse this site, you agree to the use of cookies. To find out more, visit the cookies section of our privacy policy. In Canada, you are eligible for paid maternity leave if you meet the following criteria: You are employed in insurable employment. You can start receiving maternity benefits as early as 12 weeks before your due date or the date you give birth.
Maternity benefits are not paid longer than 17 weeks after your due date or the date you give birth whichever is later. Remember though that you can only be paid maternity benefits for a maximum of 15 weeks. There is usually a two-week waiting period from when you apply to when benefits start getting paid. Apply as soon as possible after you stop working.
If you wait to apply more than 4 weeks from your last day of work, you may lose benefits. Still looking for more information? Visit our Your Rights at Work page with more information about employment laws in Alberta. This website provides general legal information only. It does not provide legal or professional advice. See Disclaimer for more information. Copyright Legal Resource Centre of Alberta. What is maternity leave? Maternity leave is an unpaid leave available to pregnant employees.
Last Reviewed: January How long do I have to work to get maternity leave? Last Reviewed: January How long is maternity leave? Last Reviewed: January Can my employer force me to start my maternity leave early? Last Reviewed: January What is parental leave? How long is it? There are certain rules around who can get parental leave and when: A pregnant employee is entitled to up to 62 consecutive weeks of parental leave.
Parental leave starts after maternity leave. This means a pregnant employee can take a leave of up to 78 weeks 1. The pregnant employee must have worked for their employer for at least 90 days before the start of the leave. The parent must have worked for their employer for at least 90 days before the start of the leave. Adoptive parents can take parental leave of up to 62 consecutive weeks within 78 weeks after the child is placed with the adoptive parents for the purpose of adoption.
An adoptive parent must have worked for their employer for at least 90 days before the start of the leave.
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