The Definitive Answer: Maternity Leave in Alberta
In Alberta, birth mothers are entitled to 16 consecutive weeks of unpaid maternity leave. When combined with parental leave, a mother can take a total of 78 weeks off work.
Your job is legally protected while you are away. It is illegal for an employer to fire or lay you off because you are pregnant or on maternity leave.
Were you fired or laid off while pregnant?
You may be a victim of wrongful dismissal and human rights discrimination. Our Alberta team can help you secure the severance and damages you are owed.
On This Page:
Maternity Leave Alberta Eligibility
To be eligible for maternity leave in Alberta, you must have been employed by the same employer for at least 90 days. This is the “how many hours” equivalent in the Employment Standards Code (ESC). If you have reached this 90-day milestone, you are legally entitled to take leave without the risk of losing your job.
How Long is Maternity Leave in Alberta?
A common question is how does maternity leave work in Alberta regarding timelines. You can start your 16-week maternity leave at any time during the 13 weeks leading up to your estimated due date. If you need sick leave before maternity leave in Alberta due to pregnancy complications, this may be protected under your short-term disability or human rights medical accommodations.
Can You Fire Someone On Maternity Leave?
Can you fire a pregnant woman? Generally, no. While an employer can terminate an employee without cause for reasons completely unrelated to their pregnancy (such as a legitimate business closure), the bar for proof is extremely high. If your pregnancy or leave was even a small factor in the decision to let you go, it is illegal.
If you were laid off while pregnant or laid off during maternity leave, you are likely owed more than just basic Alberta severance pay. You may be entitled to damages for human rights violations.
Maternity Leave Alberta Pay (EI)
Employers in Alberta are not required to pay you during your leave, though some offer “top-ups.” Most parents apply for maternity leave benefits through federal Employment Insurance (EI). To qualify for ei maternity leave, you typically need to have worked 600 insurable hours in the last 52 weeks.
Contact an Alberta Maternity Leave Lawyer
At Samfiru Tumarkin LLP, we protect the rights of new and expecting mothers. If your employer is making your pregnancy difficult or has terminated your employment, we will fight to get you the justice and severance you deserve.