5 Things Alberta Employers Should Know About Maternity Leave

Alberta Maternity Leave Guidelines

Welcoming children into the world is an exciting and challenging time in one’s life. Thankfully, working parents in Canada are entitled to job-protected maternity and parental leave to help adjust to this life change. As an employer, here are five things you should know about maternity leave.  

1. Maternity and Parental Leave are Different

The Employment Standards Code states that employees who have been employed for at least 90 days are eligible for maternity or parental leave. Many employers in Alberta don’t realize that these are two different things. Maternity leave is limited to women that are pregnant, either with their own child or as a surrogate. Paternal leave can be taken by the birth mother (after maternity leave), the other parent and adoptive parents. Both parents may take parental leave and share it between them.  

2. Employees Need to Give Notice

Employees are required to give written notice to employers at least 6 weeks before starting maternity or parental leave. They are not required to give a specific return date at that time, but they may do so if they wish. Employers can require employees to provide a medical certificate that confirms the pregnancy and the estimated delivery date. Employees on parental or maternity leave must also provide written notice at least 4 weeks before returning to work, or if they plan on not returning after their leave ends.  

3. Maternity Leave Length Can Vary

In Alberta, birth mothers are eligible for up to 16 consecutive weeks of unpaid maternity leave. Leave must begin within 13 weeks of the estimated due date and no later than the date of birth. If a woman’s pregnancy interferes with their ability to do their work during the 12 weeks before their due date, an employer can require the employee to start maternity leave earlier. Birth mothers must take at least 6 weeks off work after giving birth for health reasons. However, it is possible to return to work earlier if the employer agrees and the employee provides a medical certificate saying their health will not be in danger. If an employee has a miscarriage or stillbirth within 16 weeks of the due date they are still entitled to 16 weeks of maternity leave, but not parental leave. For parental leave, birth and adoptive parents can take up to 62 weeks of unpaid leave.  

4. Employers Can’t Terminate Employment Due to Leave

All eligible Alberta employees are entitled to take maternity and parental leave. This means employers cannot terminate, lay off, discriminate against or ask an employee to resign because of pregnancy, childbirth, or taking maternity leave. However, employment may be terminated if the business is suspended or discontinued, or if the termination is unrelated to the employee requesting or taking leave.  

5. Companies Can Make Their Own Maternity Leave Policies

Although Alberta’s Employment Standards Code outlines regulations surrounding maternity and parental leave, it is still a good idea for all employers to have a company policy in place. A maternity leave policy will help clarify issues such as medical documentation, additional pay and vacation days.   If you do not have a maternity leave policy in place at your workplace, contact our HR experts to get help with setting one up.