Maternity leave in Alberta gives pregnant employees the legal right to take time off work to prepare for and care for a new child. Whether you work full-time or part-time, your job is protected under Alberta’s Employment Standards Code once you qualify.
But many employees don’t know their rights — and some face pressure from their employer to return early, take less time off, or accept changes to their job after leave.
At Samfiru Tumarkin LLP, we’ve helped thousands of employees across Alberta understand their rights during maternity leave, including those who were fired, denied benefits, or treated unfairly by their employer.
✅ Quick Facts:
- Length of leave: Up to 16 weeks, unpaid
- Job protection: Yes — you’re entitled to the same or comparable role
- Eligibility: You must have worked 90+ days with your employer
- Pay during leave: Covered through EI benefits, not your employer
- Legal support: You are owed severance if you’re let go
What’s In This Guide
- Who Can Take Maternity Leave
- Length of Maternity Leave
- Maternity Leave Pay
- Notifying Your Employer
- When You Can Start Leave
- How to Apply
- Maternity vs. Parental Leave
- Changing Your Leave End Date
- Can Employer Force Leave
- Benefits During Leave
- Does Leave Affect Seniority
- Returning to Work
- Job Changes After Leave
- Penalized for Taking Leave
- Fired During Maternity Leave
- FAQs
- Speak to a Lawyer
Who Is Eligible for Maternity Leave in Alberta?
To take maternity leave in Alberta, you must meet the requirements under both Alberta’s Employment Standards Code (ESC) and Canada’s Employment Insurance (EI) program.
✔️ Under Alberta’s ESC:
You qualify for unpaid, job-protected maternity leave if you:
- Are employed in Alberta (full-time or part-time)
- Are pregnant
- Have completed at least 90 days of continuous employment with the same employer
- Provide your employer with at least 6 weeks’ written notice before starting leave
📌 Employers can choose to grant leave before 90 days of employment, but they aren’t required to.
✔️ For EI Maternity Benefits:
To receive payments during maternity leave, you must:
- Have worked at least 600 insurable hours in the past 52 weeks (or since your last EI claim)
- Have a 40% or more reduction in your regular weekly earnings due to pregnancy or birth
- Apply for benefits through Service Canada
⚠️ EI eligibility is separate from your right to take job-protected leave. You can qualify for one without the other — but most employees qualify for both.
🟢 WATCH: Employment lawyer Lior Samfiru explains maternity leave in Alberta on the Employment Law Show.
How Long Is Maternity Leave in Alberta?
If you’re a birth mother in Alberta, you can take up to 16 consecutive weeks of maternity leave.
- You can start your leave as early as 13 weeks before your due date
- It must be taken in one continuous block
- You can also begin your leave after the baby is born, if you didn’t start it earlier
This job-protected leave gives you time to recover from childbirth and care for your newborn without risking your position at work. You don’t lose your seniority or employee benefits during this period — as long as you remain eligible under Alberta’s ESC.
⚠️ If your employer refuses to approve your full leave, pressures you to return early, or changes your job while you’re away, contact our employment lawyers.
How Much Does Maternity Leave Pay in Alberta?
While your job is protected during maternity leave in Alberta, your employer is not legally required to pay you during this time.
Maternity Leave Pay Through EI
Most employees in Alberta receive maternity leave pay through Employment Insurance (EI), not their employer.
Here’s how much you can receive if approved by Service Canada:
- 55% of your average weekly earnings
- Up to a maximum of $695 per week (as of 2025)
- Up to 15 weeks of maternity benefits
💡 If you share parental leave with your partner, additional weeks may be available under Alberta parental benefits.
Do Employers Offer Top-Up?
Some employers voluntarily offer a maternity leave top-up — additional income to help bridge the gap between your regular wages and the EI amount.
- This is not mandatory in Alberta
- Top-up amounts and eligibility vary by employer
➡️ Read more: Do I Have to Repay My Maternity Leave Top-Up If I’m Let Go?
When Should You Tell Your Employer You’re Taking Mat Leave?
In Alberta, you must give your employer at least 6 weeks’ written notice before starting your maternity leave.
To make things clear and protect your rights:
- Put it in writing — email or printed letter is fine.
- Include your planned start date.
- You can also include a return date, but it’s not legally required.
What If You Can’t Give 6 Weeks’ Notice?
If your baby arrives early or your doctor advises an earlier leave:
- You must notify your employer as soon as possible.
- A medical note may be required in some situations.
When Can You Start Maternity Leave in Alberta?
You can start maternity leave at any point during the 13 weeks leading up to your expected due date.
Many employees choose to begin their leave:
- A few weeks before their due date
- After using up any unused vacation time
- As soon as their doctor advises time off
If your baby is born early, you can start mat leave immediately — even without the full 6 weeks’ notice, as long as you inform your employer as soon as possible.
🔄 You can change your leave start date if you haven’t started it yet, but be sure to give your employer as much notice as is reasonable under the circumstances.
How Do You Apply for Maternity Leave in Alberta?
If you’re taking maternity leave in Alberta, you may be eligible to receive Employment Insurance (EI) maternity benefits through the federal government.
Here’s how to apply and what to expect:
Step-by-Step:
In Alberta, you must give your employer at least 6 weeks’ written notice before starting maternity leave.
- Stop working — you must apply for EI after your last day of work, even if your ROE hasn’t been issued yet.
- Gather your documents: Record of Employment (ROE) from your employer, Social Insurance Number (SIN), and banking info for direct deposit
- Apply online through Service Canada: Visit Service Canada’s EI page
- Select ‘Maternity Benefits’: You can also apply for parental leave benefits if you plan to extend your time off
- Monitor your application: Service Canada will provide updates
If medical complications or an early birth prevent this, you must provide notice as soon as reasonably possible.
What’s the Difference Between Maternity and Parental Leave in Alberta?
Maternity leave and parental leave are two separate entitlements under Alberta’s Employment Standards Code (ESC).
🍼 Maternity Leave
- For birth mothers only
- Up to 16 consecutive weeks
- Can begin up to 13 weeks before your due date
- Meant for recovery from childbirth and care of the newborn
👶 Parental Leave
- For either parent (birth or adoptive)
- Often called “paternity leave in Alberta“
- Up to 62 weeks if combined with maternity leave
- Up to 78 weeks if no maternity leave is taken
- Must be used within 78 weeks of the child’s birth or adoption
ℹ️ If both parents take parental leave, they can split the 62 or 78 weeks, but each must take at least one week.
🔗 Learn More: Parental Leave in Alberta
Can You Change Your Maternity Leave End Date in Alberta?
Yes, you can change your return-to-work date — but you must follow the rules.
How to Change Your End Date
You must give your employer at least 4 weeks’ written notice of your:
- New return date, or
- Original return date, whichever comes first
If you’re extending your leave beyond the 16-week maternity period or beyond your originally stated return date, you may also need your employer’s approval — especially if it affects operations or scheduling.
If your leave extension overlaps with parental leave, your employer must still respect your right to take that time if you meet the notice requirements.
Can Your Employer Force You to Take Maternity Leave in Alberta?
No, your employer can’t force you to take maternity leave.
Maternity leave is voluntary. As long as you’re medically able to work, you decide when (and whether) to start your leave. Your employer can’t push you to stop working just because you’re pregnant.
When Medical Issues Arise
If a pregnancy-related condition prevents you from doing your job safely:
- Your employer can request a medical note
- You may need to take sick leave, accommodation, or start your maternity leave early
In those cases, the decision must be based on medical facts, not your employer’s assumptions or preferences.
Do Employee Benefits Continue During Maternity Leave in Alberta?
Yes — your benefits must continue while you’re on maternity leave, as long as you keep paying your portion.
If you had access to things like:
- Health or dental insurance
- Life insurance
- Pension contributions
- Short-term disability coverage
- Long-term disability benefits
Your employer must continue their share of those benefits during your leave.
📌 Important: You’re also responsible for your portion of the premiums if you want full coverage to continue. Your employer may require advance payment or deductions upon your return.
If your employer cancels your benefits while you’re on leave, or refuses to maintain them, you can pursue legal compensation under Alberta’s ESC and human rights law.
Does Maternity Leave Count Toward Seniority in Alberta?
Yes. Your seniority and length of service continue uninterrupted while you’re on maternity leave in Alberta.
This means your time off:
- Counts toward years of service for things like promotions and raises
- Doesn’t reset or pause your employment clock
- May increase your severance pay if you’re let go after your leave
📌 If you’re terminated during or after leave, your entire service time — including leave — must be included when calculating severance pay or other entitlements.
Employers can’t treat your maternity leave as a break in service. If they do, you likely have grounds for a constructive dismissal or human rights complaint in Alberta.
Returning to Work After Maternity Leave in Alberta
When your maternity leave ends, you have the legal right to return to your job — or a comparable one — under Alberta’s Employment Standards Code.
Your employer must return you to:
- The same position you held before leave, or
- A comparable role with similar pay, benefits, and responsibilities
They can’t reduce your salary, change your duties, cut your hours, or demote you just because you were on leave.
🚨 Any major changes to your job after leave may be a constructive dismissal in Alberta — meaning you are owed severance pay.
If your original position no longer exists, your employer must offer you a comparable job in the same location with equal pay and benefits. Failure to do so may violate your rights.
Can Your Employer Change Your Job After Maternity Leave?
No — your employer can’t make significant changes to your job without your permission after maternity leave.
If your duties, pay, hours, or location change in a serious way, you may be able to claim a constructive dismissal and pursue full severance pay — up to 24 months’ compensation in Alberta.
Examples of unlawful changes after mat leave:
- ❌ A pay cut or loss of commission
- ❌ Reduced hours or demotion
- ❌ Shift in responsibilities or title
- ❌ Being moved to another office
- ❌ Workplace harassment or exclusion
🔗 Learn more: Changes to Your Employment in Alberta: What You Should Know
Your job must be restored as if you never left. If your role has truly been eliminated, your employer must offer a comparable position — not a lesser one.
🚨 Before accepting any changes, speak to an experienced employment lawyer at Samfiru Tumarkin LLP. You may be entitled to severance if your employer has breached your rights.
Can I Be Penalized for Taking Maternity Leave in Alberta?
No. It is illegal for an employer to punish you for taking maternity leave.
In Alberta, your right to take maternity leave is protected by both the Employment Standards Code and the Alberta Human Rights Act. That means your employer can’t retaliate by:
- Cutting your pay or hours
- Demoting you
- Denying you opportunities
- Excluding you from meetings or decisions
- Firing or pressuring you to resign
🛑 Any negative treatment tied to your pregnancy or leave can amount to discrimination.
If you’ve experienced backlash or career setbacks because you took maternity leave, you may have grounds for a human rights claim or a constructive dismissal case.
📞 Talk to an employment lawyer at Samfiru Tumarkin LLP to find out what your rights are and what compensation you may be owed.
Can You Be Fired While On Maternity Leave in Alberta?
No. It’s illegal to fire someone because they’re on maternity leave.
In Alberta, your job is protected under the Employment Standards Code. Your employer can’t let you go simply because you’re pregnant or taking maternity or parental leave.
However, an employer can still terminate your employment for legitimate business reasons — such as restructuring or downsizing — as long as:
- The reason is unrelated to your pregnancy or leave, and
- You are provided full severance pay
🚨 What To Watch For:
If your employer fires you shortly before, during, or after your maternity leave, it may be a wrongful dismissal — especially if:
- There’s no clear reason for the termination
- Your job was posted or filled without discussion
- You were replaced or pressured to return early
💡 You may be owed up to 24 months’ pay through an Alberta severance package.
What To Do:
- Don’t sign anything before speaking with a lawyer
- Use our free Alberta Severance Pay Calculator to see what you may be owed
- Get advice from an Alberta employment lawyer at Samfiru Tumarkin LLP right away
FAQs About Maternity Leave in Alberta
How Do I Apply for Maternity Leave in Alberta?
You must apply for maternity leave by providing your employer with written notice at least 6 weeks in advance of your planned leave start date. To receive EI maternity benefits, you must also apply through Service Canada, ideally as soon as your leave begins.
How Much Does Maternity Leave Pay in Alberta?
Maternity benefits through EI cover 55% of your average weekly earnings, up to a maximum of $695 per week (as of 2025). Some parents may qualify for extended parental benefits at a lower rate over a longer period.
What’s the Difference Between Maternity and Parental Leave in Alberta?
Maternity leave is for birth mothers only and provides up to 16 weeks off work. Parental leave can be shared between both parents, lasting up to 62 weeks, and is available to birth or adoptive parents.
When Should I Apply for Maternity Leave Benefits?
You should apply for EI maternity benefits as soon as your leave starts. Do not wait more than 4 weeks after your last day of work or you may lose eligibility for benefits.
Do I Qualify for Maternity Leave in Alberta if I Just Started My Job?
Not necessarily. To qualify for unpaid, job-protected maternity leave under Alberta’s Employment Standards Code, you must have worked for the same employer for at least 90 days.
However, to qualify for EI maternity benefits, you need to have worked at least 600 insurable hours in the last 52 weeks or since your last claim. This federal EI requirement applies across Canada.
Can My Employer Deny My Maternity Leave in Alberta?
No. Employers can’t refuse maternity leave to an eligible employee. It is your legal right under Alberta law.
What If My Employer Changes My Job While I’m on Maternity Leave?
That may be considered a constructive dismissal. You have the right to return to your same job (or a comparable one) after leave. If your role is changed significantly or eliminated, you are entitled to severance pay and should speak to an employment lawyer at our firm.
Speak to an Employment Lawyer About Mat Leave in Alberta
If you’re a non-unionized employee in Alberta and your employer has:
- Denied your maternity or parental leave
- Changed your job duties while you’re away (resulting in constructive dismissal)
- Pressured you to resign before or after leave
- Fired you before, during, or shortly after your maternity leave
You may be entitled to full severance (as much as 24 months’ pay) and additional compensation through a wrongful dismissal claim.
Samfiru Tumarkin LLP has helped thousands of employees across the province. Our Alberta employment lawyers will review your situation and explain your legal options — with no cost unless we succeed.
🛡️ You’re Not Alone. We’ve guided many Alberta employees through difficult situations — from being denied leave to losing their job while off. If your employer isn’t following the law, our maternity leave lawyers in Alberta can help you protect your rights and recover what you’re owed.
- 👥 Over 50,000 clients helped across Canada
- 💰 Millions recovered in severance and compensation
- ⚖️ No win, no fee — you don’t pay unless we win*
- ⭐ 304 5-star Google reviews for our Calgary office (4.8 average)
- 🏆 Recognized as one of Canada’s Best Law Firms by The Globe and Mail
*Conditions apply. Not all cases qualify.
Contact us now to find out what you’re owed. Book your consultation or call 1-855-821-5900.