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Pregnancy Leave

Who is eligible for Pregnancy Leave?

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

(section 40.(1) of the Labour Standards Act)

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How much notice of their intention to take pregnancy leave must an employee give to their employer?

At least 2 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.

(section 40.(3)(a) of the Labour Standards Act)

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How long can Pregnancy Leave last?

Up to 17 weeks of unpaid leave.

(section 40.(2) of the Labour Standards Act)

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When does Pregnancy Leave begin?

Leave cannot start earlier than 17 weeks before the expected birth date.

(section 40.(2) of the Labour Standards Act)

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

The employee is entitled to 17 weeks after the pregnancy leave began or the day that is 6 weeks after the still birth or miscarriage, whichever is later.

(section 42.(2) of the Labour Standards Act)

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Is written notice required if the employee wants to end pregnancy leave early or does not intend to take parental leave?

Yes, 4 weeks written notice must be given before the employee returns to work.

(section 42.(4) of the Labour Standards Act)

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What happens when the employee returns to work from pregnancy leave?

Upon return to work an employee is to be placed in the same or similar position with duties, benefits and wages they had prior to taking pregnancy leave.

(section 43.9(1)(b) of the Labour Standards Act)

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What effect does being on pregnancy leave have on an employee’s entitlements under the Labour Standards Act?

The period of time spent on pregnancy leave will not be considered a break in an employee’s service when it comes to the accumulation of time for the purposes of vacation entitlement and notice of termination or other benefits under the Act.

(section 43.8 of the Labour Standards Act)

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