Is There Paternity Leave in Alberta?
Alberta does not have a separate legal category called “paternity leave.”
Instead, paternity leave in Alberta refers to parental leave taken by fathers or non-birthing parents under Alberta’s Employment Standards Code (ESC).
In other words:
- “Paternity leave” is a common term
- Parental leave in Alberta is the legal right
- Job protection comes from employment law, not EI
What Is Paternity Leave in Alberta?
In practical terms, paternity leave in Alberta means:
- A father or non-birthing parent takes parental leave
- Their job is protected while they are away
- They may receive EI parental benefits if eligible
Even if you do not qualify for EI, you may still have a right to job-protected leave.
Who Can Take Paternity Leave in Alberta?
Paternity leave (parental leave) in Alberta is available to:
- Biological fathers
- Same-sex parents
- Non-birthing partners
- Adoptive parents
To qualify, you must:
- Be an employee
- Have worked for your employer for at least 90 days
- Provide proper notice of your leave
How Long Is Paternity Leave in Alberta?
Eligible employees in Alberta can take up to 62 weeks of unpaid, job-protected parental leave.
Key points:
- Leave must be taken in one continuous period
- Leave must begin within 78 weeks of the child’s birth or adoptio
- Each parent has their own entitlement
There is no separate, shorter paternity-only leave period under Alberta law.
When Can Paternity Leave Start in Alberta?
Paternity leave can begin:
- On the day the child is born, or
- When a child is placed with you for adoption
The timing of leave can differ between parents, as long as it falls within the legal window.
How Much Notice Do You Have to Give Your Employer?
Employees must give:
- At least 6 weeks’ written notice before starting parental (paternity) leave
If notice is not possible due to circumstances beyond your control, it must be given as soon as practicable.
Is Paternity Leave Paid in Alberta?
Employers in Alberta are not required to pay employees during paternity leave.
Some parents receive income through:
- Employment Insurance (EI) parental benefits
- Employer top-up programs (if offered)
The “5 Weeks for Fathers” Rule Explained
You may hear about:
- “5 weeks for fathers”
- “daddy days”
- “extra weeks of leave”
These terms usually refer to EI parental benefit rules, not Alberta employment law.
From a legal standpoint:
- Alberta does not create a special paternity leave
- Job protection comes from parental leave
- EI rules do not override employment standards law
This distinction matters when disputes arise with employers.
Can You Be Fired While on Paternity Leave in Alberta?
No.
An employer can’t:
- Fire you
- Discipline you
- Demote you
- Penalize you
because you are taking parental (paternity) leave.
Returning to Work After Paternity Leave in Alberta
When paternity 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 duties significantly
- Delay your return
- Penalize you for taking leave
Paternity Leave vs. Parental Leave vs. Maternity Leave in Alberta
| Term | What It Means |
|---|---|
| Maternity leave | Leave for birth mothers only |
| Parental leave | Job-protected leave for either parent |
| Paternity leave | Common term for parental leave taken by fathers |
“Paternity leave” is not a standalone legal entitlement in Alberta.
Common Questions About Paternity Leave in Alberta
How long is paternity leave in Alberta?
Up to 62 weeks, as part of parental leave.
Do fathers need 90 days of employment?
Yes. Alberta requires at least 90 days with the same employer.
Can both parents take leave at the same time?
Yes. Each parent has their own entitlement.
Does EI determine my job protection?
No. EI provides income support only.
Speak With an Alberta Employment Lawyer
If your employer has:
- Denied your paternity leave
- Pressured you to return early
- Changed your job after leave
- Fired you before, during, or after paternity leave
You may be entitled to 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.