What Is Maternity Leave in Alberta?
Maternity leave in Alberta is a job-protected leave of absence under Alberta’s Employment Standards Code that allows eligible employees to take time off work during pregnancy and after giving birth.
Maternity leave in Alberta:
- Applies only to birth mothers
- Protects your job while you are away
- Is separate from parental leave
Maternity leave is an employment law right, not an EI benefit.
Who Is Eligible for Maternity Leave in Alberta?
You are eligible for maternity leave in Alberta if:
- You are an employee (full-time, part-time, or temporary)
- You have worked for your employer for at least 90 days
- You provide proper notice of your leave
How Long Is Maternity Leave in Alberta?
Eligible employees in Alberta can take up to 16 weeks of unpaid, job-protected maternity leave.
This leave:
- Must be taken in one continuous period
- Can’t be split into multiple segments
- Is separate from parental leave
After maternity leave ends, many employees continue time off through parental leave in Alberta.
When Can You Start Maternity Leave in Alberta?
Maternity leave in Alberta can begin:
- As early as 13 weeks before your estimated due date
- No later than the date of birth
If pregnancy-related medical issues require you to stop working earlier, additional protections may apply.
How Much Notice Do You Have to Give Your Employer?
Employees must give:
- At least 6 weeks’ written notice before starting maternity leave
If this isn’t possible due to medical or pregnancy-related reasons, notice must be given as soon as practicable.
Is Maternity Leave Paid in Alberta?
Employers in Alberta are not required to pay employees during maternity leave.
Some employees receive income through:
- Employment Insurance (EI) maternity benefits
- Employer top-up programs (if offered)
Your right to maternity leave exists regardless of EI eligibility.
Do Benefits Continue During Maternity Leave in Alberta?
During maternity leave:
- Employment continues
- Seniority and service continue
- Certain benefits must be maintained if you choose to continue contributions
Can You Be Fired While on Maternity Leave in Alberta?
No.
An employer can’t:
- Fire you
- Discipline you
- Demote you
- Penalize you
because you are pregnant or taking maternity leave.
Returning to Work After Maternity Leave in Alberta
When maternity 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:
- Reduce your pay
- Change your role significantl
- Delay your return
- Punish you for taking leave
Maternity Leave vs. Parental Leave in Alberta
| Type of Leave | Who It Applies To | Length |
|---|---|---|
| Maternity leave | Birth mothers | Up to 16 weeks |
| Parental leave | Either parent | Up to 62 weeks |
These are separate legal entitlements.
Common Questions About Maternity Leave in Alberta
How long is maternity leave in Alberta?
Up to 16 weeks for eligible employees.
Do I need 90 days of employment to qualify?
Yes. Alberta requires at least 90 days with the same employer.
Can my employer refuse maternity leave?
No, if you meet the eligibility requirements.
Does maternity leave affect severance rights?
No. Your employment continues while you are on leave.
Speak With an Alberta Employment Lawyer
If your employer has:
- Denied your paternity leave
- Pressured you to return early
- Changed your job while you were away
- Fired you before, during, or after leave
They may be entitled to Alberta severance pay or additional compensation.
Samfiru Tumarkin LLP has helped thousands of non-unionized employees across Alberta protect their workplace rights. Our Alberta employment lawyers can review your situation and explain your legal options.