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 |