What Is Maternity Leave in British Columbia?
Maternity leave in British Columbia is a job-protected leave of absence under the BC Employment Standards Act that allows eligible employees to take time off work during pregnancy and after giving birth.
Maternity leave in BC:
- 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 BC?
You are eligible for maternity leave in British Columbia if you are an employee.
Unlike Alberta, BC does not require a minimum length of employment to qualify for maternity leave.
This means:
- Full-time, part-time, and temporary employees may qualify
- Eligibility is not tied to EI
- Employers can’t deny maternity leave because you are “new”
How Long Is Maternity Leave in BC?
Eligible employees in British Columbia can take up to 17 weeks of unpaid, job-protected maternity leave.
Maternity leave must:
- Be taken in one continuous period
- Be followed by parental leave if additional time off is needed
After maternity leave ends, many employees continue time off through parental leave in BC.
When Can You Start Maternity Leave in British Columbia?
Maternity leave in BC can begin:
- As early as 13 weeks before your estimated due date
- No later than the actual date of birth
If pregnancy-related medical issues prevent you from working earlier, additional legal protections may apply.
How Much Notice Do You Have to Give Your Employer?
Employees should give:
- At least 4 weeks’ written notice before starting maternity leave
If notice is not possible due to medical or pregnancy-related reasons, it must be given as soon as practicable.
Employers cannot deny maternity leave because notice was delayed for legitimate reasons.
Is Maternity Leave Paid in BC?
Employers in British Columbia are not required to pay employees during maternity leave.
Some employees receive income through:
- Employment Insurance (EI) maternity benefits
- Employer top-up plans (if offered)
Your right to maternity leave exists even if you do not qualify for EI.
Do Benefits Continue During Maternity Leave in BC?
During maternity leave:
- Employment continues
- Seniority and service continue
- Certain benefits must be maintained if you choose to continue contributions
Employers can’t cancel benefits or reset seniority because you took maternity leave.
Can You Be Fired While on Maternity Leave in BC?
No.
An employer can’t:
- Fire you
- Discipline yo
- Demote you
- Penalize you
because you are pregnant or taking maternity leave.
Termination connected to maternity leave may amount to:
- Wrongful dismissal in BC
- Human rights discrimination
- Or both
Returning to Work After Maternity Leave in BC
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 significantly
- Delay your return
- Punish you for taking leave
Illegal changes after maternity leave may amount to constructive dismissal.
Maternity Leave vs. Parental Leave in BC
| Type of Leave | Who It Applies To | Length |
|---|---|---|
| Maternity leave | Birth mothers | Up to 17 weeks |
| Parental leave | Either parent | Up to 62 weeks |
These are separate legal entitlements.
Common Questions About Maternity Leave in BC
How long is maternity leave in BC?
These are separate legal entitlements.
Is there a minimum employment requirement?
No. BC does not require a minimum length of service.
Can my employer refuse maternity leave?
No, if you are an employee.
Does maternity leave affect severance rights?
No. Your employment continues during leave.
Speak With a BC Employment Lawyer
If your employer has:
- Denied your maternity leave
- Pressured you to return early
- Changed your job after leave
- Fired you before, during, or after maternity leave
You may be entitled to severance pay in British Columbia or additional compensation.
Samfiru Tumarkin LLP has helped 50,000+ non-unionized employees across Canada enforce their workplace rights. Our BC employment lawyers can review your situation and explain your legal options.