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Pregnancy Leave

  1. Who is eligible for Pregnancy Leave?
  2. How much notice of their intention to take Pregnancy Leave must an employee give to their employer?
  3. How long can Pregnancy Leave last?
  4. When does it begin?
  5. What if the employee is forced to stop work because of miscarriage or still birth?
  6. Is written notice required if I end pregnancy leave early or do not intend to take parental leave?
  7. What effect does my being off on unpaid leave have on my entitlement to vacation and other benefits under The Labour Standards Act?
  8. Does my employer have to hold my job for me?

 

1. Who is eligible for Pregnancy Leave?

A pregnant employee who has been employed by the same employer for at least 20 consecutive weeks.

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2. How much notice of their intention to take Pregnancy Leave must an employee give to their employer?

At least two weeks written notice must be given. As well, the employee must provide the employer with a certificate from a medical practitioner stating the estimated birth date.

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3. How long can Pregnancy Leave last?

Up to 17 weeks of unpaid leave.

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4. When does it begin?

Not earlier than 17 weeks before the expected birth date.

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5. What if the employee is forced to stop work because of miscarriage or still birth?

The employee is entitled to 6 weeks leave after still birth or miscarriage.

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6. Is written notice required if I end pregnancy leave early or do not intend to take parental leave?

Yes, you must give your employer 4 weeks written notice if you plan to return to work earlier than the maximum time allowed for pregnancy leave or if you do not intend to take parental leave.

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7. What effect does my being off on unpaid leave have on my entitlement to vacation and other benefits under The Labour Standards Act?

The periods of time spent on unpaid leave are "time out" when it comes to the accumulation of time for the purposes of vacation entitlement and notice of termination of employment, etc.

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8. Does my employer have to hold my job for me?

You should, upon your return to work, be placed in the same or similar position with the same duties, benefits and wages that you had prior to taking Pregnancy Leave.

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