Maternity & Parental Leave

Maternity leave is an unpaid leave available to pregnant employees.

Maternity leave is different from parental leave. Biological fathers and adoptive parents are not entitled to maternity leave but they are entitled to parental leave.

Last Reviewed: January 2020

You are entitled to maternity leave without pay if you have worked for the same employer for at least 90 days before your leave starts.

Last Reviewed: January 2020

You are entitled to up to 16 weeks of maternity leave. You can start your maternity leave at any time within 13 weeks of the estimated delivery date. You must take at least 6 weeks of leave immediately following the delivery date. There is an exception if you provide your employer with a medical certificate from your doctor stating that your returning to work will not threaten your health.

Last Reviewed: January 2020

Yes. You must give your employer written notice at least 6 weeks before your leave starts. The notice must include the planned start date of your maternity leave. Your employer may also request a medical certificate certifying that you are pregnant and giving the estimated due date. Your doctor can provide this medical certificate.

If something happens and you are not able to give advance notice of your maternity leave, you are still entitled to take maternity leave if you provide your employer with a medical certificate within 2 weeks of you stopping work. The medical certificate must state that you are not able to work because of a medical condition arising from the pregnancy and the estimate or actual delivery date.

Last Reviewed: January 2020

If your pregnancy interferes with your job performance, then your employer can give you written notice to start maternity leave. However, your employer can only give you this notice in the 12 weeks before your estimated delivery date.

Last Reviewed: January 2020

If the pregnancy ends without a live birth within 16 weeks of the estimated due date, you can still take maternity leave. This means that if you suffer a miscarriage within the first 5 months of the pregnancy, you likely won’t be entitled to maternity leave.

Last Reviewed: January 2020

Parental leave is an unpaid leave that a parent can take following the birth of a child. Adoptive parents can also take parental leave following adoption.

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 (1.5 years) – 16 weeks of maternity leave and 62 weeks of parental leave. The pregnant employee must have worked for their employer for at least 90 days before the start of the leave.
• Any other parent can take parental leave of up to 62 consecutive weeks within 78 weeks after the child’s birth. 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.

You and the other parent are not each entitled to 62 weeks of parental leave. One parent can take the full amount or you can share it. You can also take less than the full amount (one person or shared). For example, the birth mother may choose to take 52 weeks of parental leave and the other parent may choose to take 10 weeks, at either the same time or later. If you and the other parent both work for the same employer, the employer can refuse to give you time off together.

Last Reviewed: January 2020

Yes. You must give written notice to your employer at least 6 weeks before starting the leave.

There is an exception where:

• the medical condition of the birth mother or child makes it impossible to give the required notice; OR
• the date of the child’s placement with the adoptive parent was not foreseeable.

If you fall under one of these exceptions, you must give your employer written notice as soon as possible. The notice must state when the leave will start or has started.

If you and the other parent want to share parental leave, you must include this in your notice.

Last Reviewed: January 2020

There is no legal requirement that your employer pay you during maternity leave or parental leave. Talk to your employer about their policy.

You may be eligible for Employment Insurance during your leave – maternity, parental or disability. See questions below or check with Service Canada for more information. If you have health benefits through work, you might also be eligible for illness benefits during your pregnancy. Check with your plan provider for more information.

Last Reviewed: January 2020

No. Your employer cannot terminate your employment or lay you off:

• if you have started maternity or parental leave; or
• because you are entitled to maternity or parental leave.

If your employer terminates you or lays you off for one of the above reasons, contact Alberta’s Employment Standards office. You may also have a human rights complaint for discrimination based on gender. Contact Alberta’s Human Rights Commission for more information.

There is an exception where the employer has suspended or stopped their business (in whole or in part). In this case, if the business resumes within 52 weeks after the end of your leave, your employer must reinstate you (with the same pay and benefits) of provide you with alternative work (based on your seniority at work). You do not lose seniority or other benefits because you took a leave. If the business does not resume, you are entitled to termination pay or notice.

Last Reviewed: January 2020

No. You do not accrue vacation time or other benefits while on maternity or paternity leave because you are not working. If you have a benefits plan, your employer may have obligations under human rights legislation to continue the plan. Contact the Alberta Human Rights Commission for more information.

NOTE: Even though you do not accrue vacation time, any time you are away on leave is included when calculating your years of employment to figure out how much vacation time you are entitled to.

Last Reviewed: November 2020

Yes. You must give your employer written notice at least 4 weeks before you intend to return to work after maternity leave or parental leave. The notice must state your planned return date. If you do not give notice of your return date, you are not entitled to resume work unless your failing to give notice was because of something unforeseeable or unpreventable.

Last Reviewed: January 2020

Your employer has two options when you return to work:

• reinstate you into the position you held before the leave started; OR
• provide you with alternative work that is comparable to your old job.

However, your employer must keep your pay and other benefits the same as before you left (unless you return part-time or under some other arrangement).

Last Reviewed: January 2020

You must give your employer written notice at least 4 weeks in advance. This means you can choose to terminate your employment at any time during your leave, but no later than 4 weeks before the end of your leave. However, terminating your employment early (earlier than 4 weeks before the end of your leave) may affect your Employment Insurance benefits.

Last Reviewed: January 2020

Maternity Benefits

These benefits are only available if you give birth to a child. You can receive up to 15 weeks of benefits. Benefits may be up to 55% of your earnings, to a maximum of $573 per week. You can get parental benefits after your maternity benefits expire. You can apply for both maternity and parental benefits at the same time.

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.

Parental Benefits

There are two types of parental benefits that you can choose from:

• Standard parental benefits of up to 40 weeks split between two parents (but one parent cannot receive more than 35 weeks of standard benefits). Standard benefits are up to 55% of your earnings, to a maximum of $573 per week. These benefits must start within 52 weeks of the child’s birth or when the child is placed with you for the purpose of adoption.
• Extended parental benefits of up to 69 weeks split between two parents (but one parent cannot receive more than 61 weeks). Extended benefits are up to 33% of your earnings, to a maximum of $344 per week. These benefits must start within 78 weeks of the child’s birth or when the child is placed with you for the purpose of adoption.

FOR CHILDREN BORN OR ADOPTED AFTER MARCH 17, 2020: If you share parental benefits with another parent, you may be eligible for 5 extra weeks of standard parental benefits or 8 extra weeks of extended parental benefits.

For more information, see Canada’s Employment Insurance website.

Last Reviewed: January 2020

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.

For more information, see Canada’s Employment Insurance website.

Last Reviewed: January 2020

See Canada’s Employment Insurance website for more information on how to apply.

Last Reviewed: January 2020