What Is Parental Leave in British Columbia?
Parental leave in British Columbia is a job-protected leave of absence under the BC Employment Standards Act (ESA) that allows eligible employees to take time off work to care for a new child after birth or adoption.
Parental leave in BC:
- Is available to either parent
- Applies to birth parents, fathers, same-sex partners, and adoptive parents
- Protects your job while you are away
Parental leave is an employment law right, not an EI benefit.
Who Is Eligible for Parental Leave in BC?
You are eligible for parental leave in British Columbia if you are an employee.
Unlike some provinces:
- BC does not require a minimum length of employment
- Eligibility is not tied to EI
- Employers can’t deny parental leave because you are “new”
How Long Is Parental Leave in British Columbia?
Eligible employees in British Columbia can take up to 62 weeks of unpaid, job-protected parental leave.
Parental leave in BC:
- Is available whether or not maternity leave was taken
- Is a separate entitlement from maternity leave
- Applies equally to both parent
When Can Parental Leave Start in BC?
Parental leave in BC can begin:
- At the time of a child’s birth, or
- When a child is placed with you for adoption
Parental leave must:
- Be taken In one continuous period
- Begin within 78 weeks of the child’s birth or placement
How Much Notice Do You Have to Give Your Employer?
Employees should give:
- At least 4 weeks’ written notice before starting parental leave
If notice is not possible due to circumstances beyond your control, notice must be given as soon as practicable.
Is Parental Leave Paid in British Columbia?
Employers in British Columbia are not required to pay employees during parental leave.
Some employees receive income through:
- Employment Insurance (EI) parental benefits
- Employer top-up programs (if offered)
Your right to parental leave exists even if you do not qualify for EI.
Can Both Parents Take Parental Leave in BC?
Yes.
Under BC law:
- Both parents may take parental leave
- Leave can be taken at the same time or separately
- Each parent has their own job protection
Can You Be Fired While on Parental Leave in BC?
No.
An employer can’t
- Fire you
- Discipline you
- Demote you
- Penalize you
because you are taking parental leave.
Termination connected to parental leave may amount to:
- Wrongful dismissal in BC
- Human rights discrimination
- Or both
Returning to Work After Parental Leave in BC
When parental leave ends, your employer must return you to:
- The same job, or
- A comparable position with the same pay and benefits
Your employer can’t:
- Cut your pay
- Change your duties significantly
- Delay your return
- Penalize you for taking leave
Parental Leave vs. Maternity Leave vs. Paternity Leave in BC
| Type of Leave | Who It Applies To | Length |
|---|---|---|
| Maternity leave | Birth mothers | Up to 17 weeks |
| Parental leave | Either parent | Up to 62 weeks |
| Paternity leave | Common term | Part of parental leave |
“Paternity leave” is not a separate legal entitlement in British Columbia.
Common Questions About Parental Leave in BC
How long is parental leave in BC?
Up to 62 weeks for eligible employees.
Is there a minimum employment requirement?
No. BC does not require a minimum length of service.
Can my employer refuse parental leave?
No, if you are an employee.
Does parental leave affect seniority or benefits?
No. Employment, service, and seniority continue during leave.
Speak With a BC Employment Lawyer
If your employer has:
- Denied parental leave
- Pressured you to return early
- Changed your job after leave
- Fired you before, during, or after parental leave
You may be entitled to severance pay in BC or additional compensation.
Samfiru Tumarkin LLP has helped 50,000+ non-unionized employees across Canada protect their workplace rights. Our BC employment lawyers can review your situation and explain your legal options.