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Alberta > Employment Law > Maternity & Parental Leave:

I will be starting my maternity leave about halfway through the year. I have worked for the same employer for many years. I have three weeks of holidays per year and my employer is now telling me that he will pro rate my holidays for this year as I will not be working for the full year. Can my employer do this?

Yes, because during the time you are on maternity leave and not working, you will not be accruing vacation time.

In addition, the Employment Standards Code does not require an employer to make any payments to the employee, or pay for any benefits, during maternity or parental leave. However, where an employer has benefit plans such as sick leave for employees, there may be obligations that arise under human rights legislation.

For more information, contact the Alberta Human Rights and Citizenship Commission at (780) 427-7661 in Edmonton or (403) 297-6571 in Calgary. To call toll-free from other Alberta locations, first dial 310-0000. You can also visit the Commission’s website. There you will find the interpretive bulletins Rights and Responsibilities Related to Pregnancy, Childbirth and Adoption and Duty to Accommodate.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

July 2008
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