Maternity leave in BC gives a pregnant employee up to 17 consecutive weeks of unpaid, job-protected leave before and after childbirth.
The leave can begin as early as 13 weeks before the expected birth date and must begin no later than the date of birth. A birth parent can then normally move directly into parental leave in BC for a much longer period away from work.
Maternity leave protects your time away and your job. EI maternity benefits are separate and provide income. Your employer can’t refuse a qualifying leave or punish you because you are pregnant or take maternity leave.
On This Page:
- 1. How Long Maternity Leave Lasts
- 2. Maternity Leave Pay & EI
- 3. Eligibility & Notice
- 4. Maternity & Parental Leave
- 5. Job Protection & Returning to Work
- 6. Maternity Leave FAQs
How Long Is Maternity Leave in BC?
Maternity leave in British Columbia can last up to 17 consecutive weeks.
A pregnant employee can start maternity leave:
- As early as 13 weeks before the expected birth date
- At any later point during the pregnancy
- No later than the actual date of birth
If an employee has already given birth without starting maternity leave, they can still request up to 17 consecutive weeks beginning on the date of birth.
Can maternity leave be extended?
Yes. An employee can receive up to six additional consecutive weeks if they are unable to return to work for reasons related to the birth or the end of the pregnancy.
The employer can require medical documentation supporting the need for the additional leave.
What happens if a pregnancy ends?
If a pregnancy ends, an employee can be entitled to up to six consecutive weeks of unpaid leave beginning on the date the pregnancy ends.
Up to six additional weeks can also be available if the employee is unable to return to work for medical reasons related to the end of the pregnancy.
Is Maternity Leave Paid in BC?
BC maternity leave is unpaid by the employer, but eligible employees can receive EI maternity benefits while away from work.
In 2026, EI maternity benefits provide:
- Up to 15 weeks of benefits
- 55% of average insurable weekly earnings
- Up to $729 per week
Some employers also offer a maternity-leave top-up through an employment contract or workplace benefits plan.
Learn more about EI maternity and parental benefits.
Why are there 17 weeks of leave but only 15 weeks of EI maternity benefits?
Job-protected maternity leave and EI maternity benefits are separate legal rights.
British Columbia employment law determines how long your employer must protect your leave. The federal EI program determines how many weeks of income benefits you can receive.
Who Qualifies for Maternity Leave in BC?
A pregnant employee covered by BC’s Employment Standards Act can request maternity leave without having to complete a minimum period of employment first.
This is different from EI maternity benefits, which have their own federal eligibility requirements.
How much notice do you have to give your employer?
If you request maternity leave during your pregnancy, you should give your employer at least four weeks’ written notice before the leave begins.
Your employer can also require a certificate from a doctor or nurse practitioner confirming information such as the expected or actual birth date.
If circumstances change unexpectedly, don’t assume that missing the normal notice period automatically eliminates all of your leave rights. Explain the situation to your employer and get advice if your leave is refused.
For other protected leaves available to BC employees, see our Leave of Absence BC guide.
What Happens After Maternity Leave Ends?
A birth parent who takes BC maternity leave can normally take up to 61 consecutive weeks of parental leave immediately afterward.
That means maternity and parental leave can provide up to 78 weeks of combined job-protected leave, before any additional leave available in special circumstances.
Parental leave is a separate legal entitlement with its own rules. See our full guide to parental leave in BC.
What about fathers and other non-birth parents?
Fathers and other non-birth parents do not take maternity leave, but they can qualify for parental leave.
British Columbia does not need a separate “paternity leave” category for this purpose. The relevant job-protected entitlement is parental leave.
Is Your Job Protected During Maternity Leave?
Yes. Your employer can’t terminate you or negatively change your employment because you are pregnant or because you take maternity leave.
When your protected leave ends, your employer must return you to:
- The position you held before the leave, or
- A comparable position
Your employment is also treated as continuous while you are on protected leave for important employment-standard and benefit purposes.
Can your employer give your job to your maternity-leave replacement?
Your employer can hire someone to cover your job temporarily, but it can’t permanently take away your position simply because it prefers your replacement.
If you return and are told that your replacement is keeping your job, your pay is being reduced, your hours are being cut or you must accept a worse position, get advice before agreeing or resigning.
See our guide to returning to work after maternity leave.
Can you be fired while on maternity leave?
Your employer can’t fire you because you are pregnant or because you took maternity leave.
A genuine business closure or unrelated restructuring can create a more complicated situation. If your employer says your job has disappeared while you are away, don’t assume the termination is automatically lawful.
Read more about being fired during maternity leave.
Maternity Leave BC FAQs
Is maternity leave 12 or 18 months in BC?
Neither is technically the maternity-leave period. Maternity leave itself is up to 17 weeks. What people often call “12-month” or “18-month maternity leave” combines maternity leave with parental leave.
When can maternity leave start in BC?
Maternity leave can begin up to 13 weeks before the expected birth date and no later than the actual date of birth.
Do you need to work for your employer for a certain amount of time?
No minimum length of employment is set by BC’s maternity-leave provision for employees covered by the Employment Standards Act.
Can you return to work early?
Yes, but if you want to return within six weeks after giving birth, your employer can require medical confirmation that you are able to resume work.
Does maternity leave count toward your years of service?
Yes. Protected maternity leave does not reset your employment service. Your employment is treated as continuous while you are on the leave.
Get Help With Maternity Leave Rights in BC
Most maternity leaves are straightforward. Problems arise when an employer refuses the leave, pressures an employee to return early, changes the employee’s job or ends the employment relationship during or after leave.
If that happens, don’t make a major decision before understanding your rights.
The BC employment lawyers at Samfiru Tumarkin LLP advise non-unionized employees on maternity leave, parental leave, pregnancy discrimination, return-to-work problems and termination.