Maternity leave and child-care leave

Maternity leave: Any pregnant employee is entitled to up to 17 weeks of unpaid maternity leave. It may begin no earlier than 13 weeks before the probable delivery date.

Child-care leave: All parents, natural or adoptive, are entitled to unpaid child-care leave of up to 62 consecutive weeks.

The maximum combined duration of maternity and child-care leave is 78 weeks. Financial assistance during these leaves may be provided by the federal government’s Employment Insurance Maternity and Parental benefits.

An employer is required to allow an employee to take a leave of absence without pay for maternity or child care but can offer greater benefits than those provided for in the Act. 

A pregnant employee who wishes to take maternity leave must:

• advise her employer four months prior to her expected delivery date or as soon as her pregnancy is confirmed, whichever is later

AND

• provide her employer with a medical doctor’s certificate confirming pregnancy and the probable delivery date 

OR

• in the absence of an emergency, give her employer two weeks’ notice prior to commencing her maternity leave

Employers can require a pregnant employee to begin a leave of absence without pay when she can no longer reasonably perform her duties, or the performance of her work is materially affected by her pregnancy. Maternity leave is not affected by the employer-imposed leave.

An employer cannot dismiss, suspend or lay-off or refuse to employ a person because she is pregnant. An employee continues to accumulate seniority during a leave of absence. 

Either parent of a newborn or adopted child is entitled to take child-care leave. It may be shared by parents; however, regardless of how it is divided, the leave cannot exceed 62 weeks.

When maternity leave and child-care leave are taken by the same employee, the leaves must be taken in a consecutive manner, unless otherwise agreed to by the employer and the employee.

Child-care leave can begin no sooner than on the day a newborn or adopted child comes into the care and custody of the employee.

When an employee completes a leave of absence, they must be able to return to the job held immediately before taking the leave or to a comparable job with no decrease in benefits or pay.

An employee may not be dismissed from their job while on a leave of absence for any reason arising from, or due to, the leave. An employee continues to accumulate seniority during a leave of absence.

An employee who is or will be a natural parent intending to take this leave shall:

• provide the employer with a medical doctor’s certificate specifying the probable date of delivery or the date upon which the birth has occurred

AND

• in the absence of an emergency, give four weeks written notice to the employer of the commencement date and duration of the leave

An employee who is an adoptive parent intending to take this leave shall:

• provide the employer with proof that a child has been or will be placed with the employee for the purpose of adopting
• notify the employer of the commencement date and duration of the leave on being made aware of the date of placement with the employee for adoption

AND

• in the absence of an emergency, give four months’ notice to the employer before the anticipated day on which a child will come into the employee’s care and custody

• Maternity leave and child care leave (PDF 437 KB)