Maternity Leave in British Columbia: Essential employee guide

What Is Maternity Leave in British Columbia?

Maternity leave, also known as pregnancy leave in B.C. 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 Act (ESA), ensuring job security for provincially regulated full and part-time employees during this time.

To qualify for maternity leave in B.C., an employee must have been employed by the same employer for at least 13 consecutive weeks before the expected due date or the date of childbirth. While employers have the discretion to grant maternity leave to employees with less than 13 weeks 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 B.C.

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How Long Is Maternity Leave?

In British Columbia, the standard duration of maternity leave is up to 17 weeks. This leave can be taken by a pregnant employee or a new mother.

Maternity leave can be taken starting anytime within the 13 weeks leading up to the expected due date of the baby. However, if the employee wishes to start the leave later, she can do so, but the leave must commence no later than the actual date of birth. The leave can extend beyond the birth date, but the total duration of the leave remains up to 17 weeks.

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Is Maternity Leave Paid in B.C.?

No. In British Columbia, maternity leave itself is unpaid, meaning employers are not required to pay wages during this time. However, employers may choose to provide a salary top-up during the leave, but the amount is at their discretion.

SEE MORE
• Repaying a Mat Leave Top-up After Being Fired

Employment Insurance and Mat Leave

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

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When Should You Apply for Maternity Leave in B.C.?

Employees should apply for maternity leave as soon as they know they are pregnant and have decided on a leave start date. It’s recommended to give your employer written notice at least 4 weeks before you plan to start your leave. This notice should include the expected start date of your leave and the expected date of your return to work. You can choose not to set a return date at a later time.

If it’s not possible to give 4 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 B.C.?

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 4 weeks’ notice before starting your leave, unless there are medical reasons or an early birth that prevent you from doing so.

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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 B.C., parental leave can be up to 62 weeks for birth mothers who also take maternity leave, and up to 63 weeks for all other parents (including fathers, adoptive parents, and non-birth mothers in same-sex couples).

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Can You Change Your Maternity Leave End Date in B.C.?

Yes, you can change your maternity leave end date in B.C., 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 ESA, 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 B.C.?

In British Columbia, you can’t be forced to take maternity leave. The decision to take mat leave is up to the pregnant employee. However, there are some circumstances where an employer may require an employee to start her maternity leave:

• Medical Reasons: If an employee is unable to perform her job duties due to a medical condition related to pregnancy or childbirth, the employer may request a medical certificate and, based on that, could potentially require the employee to start her maternity leave early for health and safety reasons.
• At the Time of Childbirth: If an employee has not already started her maternity leave and goes into labor, the leave would typically start on the date of childbirth.

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Employee Benefits During Maternity Leave

In B.C., 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?

Seniority continues to accumulate during maternity leave in B.C. as if you were still actively working. This means that your length of service, which can affect promotions, vacation time and pay, 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 B.C. 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 B.C., 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 B.C., 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 B.C. The ESA 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 B.C., it is illegal for an employer to terminate or fire an employee because they are on maternity leave.

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 B.C. 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 British Columbia 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 British Columbia, your severance package can be as much as 24 months’ pay.