What Is Parental Leave in Alberta?
Parental leave in Alberta is a job-protected leave of absence under Alberta’s Employment Standards Code (ESC) that allows eligible employees to take time off work to care for a new child after birth or adoption.
Parental leave in Alberta:
- Is available to either parent
- Applies to birth parents, fathers, same-sex partners, and adoptive parents
- Protects your job while you are away
Parental leave is separate from maternity leave and is an employment law right, not an EI benefit.
Who Is Eligible for Parental Leave in Alberta?
You are eligible for parental 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 give proper notice of your leave
How Long Is Parental Leave in Alberta?
Eligible employees in Alberta can take up to 62 weeks of unpaid, job-protected parental leave.
Parental leave in Alberta:
- Is available whether or not maternity leave was taken
- Is a separate entitlement from maternity leave
- Applies to either parent
Each parent has their own parental leave entitlement under Alberta law.
When Can Parental Leave Start in Alberta?
Parental leave in Alberta can begin:
- At the time of a child’s birth, or
- When a child is placed with you for adoption
Parental leave must be taken:
- In one continuous period
- Within 78 weeks of the child’s birth or placement
How Much Notice Do You Have to Give Your Employer?
Employees must give:
- At least 6 weeks’ written notice before starting parental leave
If notice is not possible due to circumstances beyond your control, it must be given as soon as practicable.
An employer can’t refuse parental leave because notice was delayed for legitimate reasons.
Is Parental Leave Paid in Alberta?
Employers in Alberta are not required to pay employees during parental leave.
Some employees receive income through:
- Employment Insurance (EI) parental benefits
- Employer top-up programs (if offered)
Your right to parental leave exists regardless of EI eligibility.
Can Both Parents Take Parental Leave in Alberta?
Yes.
Under Alberta law:
- Both parents can take parental leave
- Leave may be taken at the same time or separately
- Each parent has their own job protection
An employer can’t deny leave because the other parent is also off work.
Can You Be Fired While on Parental Leave in Alberta?
No.
An employer can’t
- Fire you
- Discipline you
- Demote you
- Penalize you
because you are taking parental leave.
Returning to Work After Parental Leave in Alberta
When parental 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:
- Cut your pay
- Change your duties significantly
- Delay your return
- Penalize you for taking leave
Parental Leave vs. Maternity Leave vs. Paternity Leave in Alberta
| Type of Leave | Who It Applies To | Length |
|---|---|---|
| Maternity leave Alberta | Birth mothers | Up to 16 weeks |
| Parental leave | Either parent | Up to 62 weeks |
| Paternity leave | Common term | Part of parental leave |
“Paternity leave” is not a separate legal category in Alberta.
Common Questions About Parental Leave in Alberta
How long is parental leave in Alberta?
Up to 62 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 parental leave?
No, if you meet the eligibility requirements.
Does parental leave affect seniority or benefits?
No. Employment, service, and seniority continue during leave.
Speak With an Alberta Employment Lawyer
If your employer has:
- Denied parental leave
- Pressured you to return early
- Changed your job after leave
- Fired you before, during, or after parental leave
You may be entitled to Alberta severance pay or additional compensation.
Samfiru Tumarkin LLP has helped 50,000+ non-unionized employees across Canada protect their workplace rights. Our Alberta employment lawyers can review your situation and explain your legal options.