Maternity Leave in Alberta: Essential employee guide

What Is Maternity Leave in Alberta?

Maternity leave, also known as pregnancy leave in Alberta is a period of time when a pregnant employee is legally entitled to take unpaid time off work for the birth or adoption of their child. This leave is protected under the Employment Standards Code (ESC), ensuring job security for provincially regulated full and part-time employees during this time.

To qualify for maternity leave in Alberta, employees must have completed a minimum of 90 days of continuous employment with the same employer. While employers have the discretion to grant maternity leave to employees with less than 90 days of service, there is no legal obligation for them to do so.

Watch the video below from the Employment Law Show and read on to learn more about maternity leave and your rights in Alberta.

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How Long Is Maternity Leave?

In Alberta, maternity leave is up to 16 consecutive weeks. This leave is available to birth mothers and can be taken starting anytime within the 13 weeks leading up to the estimated due date. It must be taken in one continuous period. This time allows expectant mothers to take care of their health and their newborns.

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Is Maternity Leave Paid in Alberta?

No. In Alberta, employers are not legally required to pay employees during maternity (or parental) leave. However, employers may choose to provide a salary top-up during the leave, but the amount is at their discretion.

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• Repaying a Mat Leave Top-up After Being Fired

Employment Insurance and Mat Leave

While maternity leave in Alberta is unpaid, eligible employees can apply for Employment Insurance (EI) maternity and parental benefits in the province. These benefits provide financial support during your leave.

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When Should You Apply for Maternity Leave in Alberta?

Employees should apply for maternity leave as soon as they know they are pregnant and have decided on a leave start date. In Alberta, you must give your employer written notice at least 6 weeks before starting maternity leave. You can indicate a return date at this time, but are not required to.

If it’s not possible to give 6 weeks’ notice due to medical reasons or an early birth, you should provide notice as soon as possible. It’s important to discuss your plans with your employer and provide written notice to ensure a smooth transition.

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When Can You Start Maternity Leave in Alberta?

In Alberta, you can start maternity leave at any time within the 13 weeks leading up to the estimated due date of your baby. However, if the baby is born later than expected, you can start the leave after the birth.

It’s important to give your employer at least 6 weeks’ notice before starting your leave, unless there are medical reasons or an early birth that prevent you from doing so. In such cases, you should notify your employer as soon as possible.

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What is the Difference Between Maternity and Parental Leave?

Maternity leave is specifically for pregnant employees or those who have recently given birth. Parental leave, on the other hand, is available to both parents to care for and bond with their newborn or adopted child.

In Alberta, parental leave can be up to 62 weeks for employees who take maternity leave and up to 78 weeks for employees who do not take maternity leave.

Read our detailed guide on parental leave in Alberta for more insight into this leave provided by the ESC.

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Can You Change Your Maternity Leave End Date in Alberta?

Yes, you can change your maternity leave end date in Alberta, but you must provide your employer with at least 4 weeks’ written notice before the original end date or the new end date, whichever is earlier.

If the new end date extends your leave beyond what’s allowed under the ESC, you’ll need your employer’s consent. It’s important to communicate with your employer and agree on the new end date to ensure a smooth transition back to work.

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Can You Be Forced to Take Maternity Leave in Alberta?

No, you can’t be forced to take maternity leave in Alberta. The decision to take maternity leave is up to the individual employee. However, if you are unable to perform your job duties due to a medical condition related to pregnancy or childbirth, your employer may require a medical note and might suggest taking maternity leave for your health and safety.

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Employee Benefits During Maternity Leave

In Alberta, employee benefits such as health and dental insurance, life insurance, and pension plans should continue during maternity leave if they were provided before the leave started.

Employers are required to continue their portion of the contributions for these benefits, and employees must also continue to make their contributions if they wish to maintain these benefits during their leave.

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What Happens to Your Seniority During Mat Leave?

In Alberta, your seniority continues to accumulate during maternity leave as if you were still actively working. This means that your length of service, which can affect promotions, vacation entitlement, and other benefits, is not negatively impacted by taking maternity leave. This rule ensures that employees do not lose their seniority rights while they are on leave to care for their newborn or newly adopted child.

Maternity leave is not considered a break in your employment. This means that if you are terminated or lose your job, your severance pay in Alberta will be calculated based on your total years of service, including any time spent on maternity or parental leave.

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Returning to Your Job After Maternity Leave Ends

When you return to work from maternity or parental leave in Alberta, you have the right to the same job and position you held before taking leave. You must also receive the same pay, hours of work, benefits and responsibilities.

If your original job no longer exists, your employer must give you a comparable position with the same wages, work location, and benefits.

Changes to Your Job

In Alberta, it’s illegal for an employer to make significant changes to an employee’s job without their consent. These changes may include:

• A cut in pay
• A drop in commission
• A reduction of work hours
• A change in duties, responsibilities, or job description
• A shift in work location
• A demotion
• The presence of harassment or discrimination in the workplace

If the terms of your employment are impacted negatively in a serious way, you may be able to claim constructive dismissal through an experienced employment lawyer at Samfiru Tumarkin LLP. We can help you navigate your rights and pursue a full severance package – as much as 24 months’ pay.

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Can I be Penalized for Taking Mat Leave?

No, you can’t be penalized for taking maternity leave in Alberta. The ESC protects your right to take maternity leave without fear of negative consequences. This means your employer can’t demote you, reduce your pay, or take any other punitive actions against you simply because you are pregnant or have taken maternity or parental leave. Such treatment is considered a human rights violation. If you believe you have been penalized for taking maternity leave, contact the team at Samfiru Tumarkin LLP for a consultation.

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Termination and Maternity Leave

In Alberta, it is illegal for an employer to terminate or fire an employee because they are on maternity leave. For more information about your rights and when you might have grounds for a wrongful dismissal claim, read our detailed resource on being fired during maternity or parental leave in Alberta.

Your Rights

If you’ve been fired without cause or allegedly for cause, it’s crucial to understand your rights through a consultation with an Alberta employment lawyer at Samfiru Tumarkin LLP immediately.

Do not accept any severance offer, termination papers, or exit agreement from your employer, even if they come with a deadline. These deadlines are pressure tactics used to push you into accepting inadequate compensation. Once you sign and return these documents, you forfeit your ability to negotiate a fair and proper severance package.

Calculating Severance

Calculating a severance package in Alberta involves multiple factors, including:

• Age
• Length of service
• Position at the company
• Commission
• Benefits
• Ability to find similar work

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action. In Alberta, your severance package can be as much as 24 months’ pay.