Pregnancy/Parental, Court, and Bereavement Leave

This information sheet tells about the leaves of absence that the Labour Standards Code says employers must allow employees to take.

During a leave of absence, an employee leaves the job intending to return. Leaves of absence are pregnancy and parental leave, court leave, bereavement leave, sick leave, and compassionate care leave.

Pregnancy and Parental Leaves

Pregnancy leave is an unpaid leave for pregnant employees. It can last up to 17 weeks. The employee can start the leave up to 16 weeks before the expected date of delivery. She must also take at least one week after the date of delivery. Employees who have worked for an employer for at least one year may qualify for this leave. An employer can require that an employee take an unpaid leave of absence if her pregnancy interferes with her work. There are times when the Human Rights Act or the employee's contract prevents this.

The Labour Standards Code also allows parents to take parental leave to care for their newborn or newly adopted children. This unpaid leave is up to 52 weeks and is available to every parent that qualifies for it. To qualify for the leave an employee must have worked for the employer for at least one year and must become a parent to the child as a result of its birth or adoption.

To Take Pregnancy or Parental Leave

To take pregnancy or parental leave, an employee must give the employer at least four weeks' notice of both the date on which leave will start and, if the employee plans to return early, the planned date of return to work. If the employee cannot give four weeks' notice of leave because the baby is born early, because of a medical condition, or because of an unexpected adoption placement, then the employee must give as much notice as possible.

An employer can ask for proof of entitlement for pregnancy or parental leave. This can include a certificate from a doctor or adoption worker.

If an employee is taking both pregnancy and parental leaves, she must take them one right after the other and not go back to work between the two leaves. In this case, she can take up to 52 weeks' total leave (17 pregnancy and 35 parental). If an employee is taking parental leave but not pregnancy leave, he can take up to 52 weeks' leave in the time after the child is born or arrives in the home. The employee loses this right if the leave is not taken within 52 weeks after the child arrives in the home. Employees who do not take pregnancy leave but who do take parental leave include natural fathers and adoptive mothers and fathers.

If a newly arrived child must go into hospital for more than one week, the employee can return to work and use the rest of the parental leave after the child comes out of hospital.

The Employee's Rights during Leave

During pregnancy and parental leave, employers must let employees keep up at their own expense any benefits plan in which they belong. Employers must give 10 days' written notice before the option to keep up employee benefits is no longer in effect.

When an employee returns from parental leave, the employee must be accepted back into the same position or a comparable one with no loss of seniority or benefits.

Bereavement Leave

Employees can take unpaid leave of up to three working days in a row if their spouse, parent, guardian, child, or a child under their care dies.

Employees can take one calendar day's leave without pay if their grandparent, grandchild, sister, brother, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, or brother-in-law dies.

Employees must give their employers as much notice as they can that they will take this leave.

Court Leave

Employees can take unpaid leave if they must serve on a jury or the court says that they must appear as a witness. They must give their employer as much notice as they can that they will take court leave.

Discrimination Against a Complainant or Witness

It is against the law to fire, lay off, or discriminate in any way against employees who have taken a leave of absence that the Labour Standards Code says they should be able to take. This also applies if the employee said that they intend to take such a leave or if the employer believes that they may take a leave of absence.

The Director of Labour Standards will investigate a complaint of discrimination regarding pregnancy and parental leaves if the discrimination the complainant says took place occurs within three months that the employee took leave, said that she would take leave, or even if the employer believes the employee may take the leave unless:

• the employer has good reason to fire or suspend the employee and can show that they have not allowed the behaviour in the past
• there is a lack of work that the employer could not foresee and avoid
• the business stops operating or the employee's job is no longer needed and the employer is unable to provide other reasonable employment. The employer must show that they acted in good faith