Maternity Leave Alberta: Your Rights & Return to Work Laws

Maternity leave in Alberta is a fundamental right protected by the Alberta’s Employment Standards Code that allows eligible employees to take time off work following the birth or adoption of a child. 

Whether you’re preparing for maternity leave or planning your return to work, understanding your rights is vital. In this blog, we’ll explore the key aspects of maternity leave in Alberta, your rights during the leave, and how to navigate the process of returning to work.

Eligibility for Alberta maternity leave

There are a number of factors that impact eligibility for maternity or parental leave in Alberta.

Full-Time or Part-Time Employees

To be eligible for maternity leave, a pregnant employee must have been employed full-time or part-time with the same employer for at least 90 days. For parental leave, a birth parent of any gender must also have been employed with the same employer for at least 90 days. 

Employees with Less Than 90 Days of Employment

If the employee has been employed for less than 90 days, maternity leave may be granted at the employer’s discretion, but they are not obligated to.

Self-Employed Individuals

Self-employed individuals may be eligible if they’ve registered for Employment Insurance (EI) Special Benefits under the Canada’s Employment Insurance Act.

Adoptive Parents

Adoptive parents of any gender are eligible for parental leave if they’ve been employed with the same employer for at least 90 days, whether full-time or part-time.

Understanding Alberta’s maternity leave regulations

Once eligible for maternity leave, employees are entitled to a number of protections and benefits, including: 

Duration of leave

• In Alberta, maternity leave lasts for up to 16 weeks and typically starts around the expected due date, although it can begin up to 13 weeks prior to the due date. Parental leave can last up to 62 weeks following maternity leave.

Job security

• While on maternity leave, employees are entitled to job protection, meaning they cannot be fired or have their position eliminated during the leave period, except in very limited circumstances. They also have a right to return to work when their maternity leave ends. 

Access to benefits

• Employees retain their right to benefits, such as health insurance, during their maternity or parental leave period.

Summary of Leave Regulations

Category	Details
Eligibility Criteria	– 90 days of employment with the same employer. – Self-employed individuals may qualify under EI Special Benefits.
Maternity Leave	Up to 16 weeks, starting as early as 13 weeks before the due date.
Parental Leave	Up to 62 weeks, which can be taken after maternity leave or shared between parents.
Job Protections	– Guaranteed return to the same or comparable position. – Cannot be terminated or penalized during leave.
Employee Benefits	Health insurance and other benefits remain intact during leave.
Return-to-Work	– Provide 4 weeks’ written notice before returning. – Employers must accommodate breastfeeding/pumping.
Legal Support	Seek legal advice if leave is denied, your job changes significantly, or unfair treatment occurs.

Planning your return to work after maternity leave

Returning to work after maternity leave is an exciting but sometimes challenging process. To ensure a smooth transition, it’s important to know your rights and have open lines of communication with your employer. 

Before returning from your leave, there are a few key things to discuss with your employer:

1. Your Return Date

Ensure both you and your employer are clear on the exact date you’ll be returning to work. This must be communicated to your employer at least four weeks before your anticipated return.

2. Your Role and Responsibilities

Clarify whether you’ll return to the same position or an equivalent role, and if there are any changes to your duties. Your employer cannot change your position or responsibilities in a way that disadvantages you, such as reducing your scope of responsibility or your salary.

3. Flexible Work Arrangements & Childcare

Consider your childcare plans and discuss any options available for flexible hours, remote work options, or a phased return if required.

4. Requirements For Breastfeeding or Pumping

Discuss any accommodations you may need for breastfeeding or expressing breast milk in the workplace, including a private, sanitary space, access to refrigerated storage, and reasonable breaks during the workday.

Expert legal advice on maternity leave rights

While maternity leave laws in Alberta are designed to protect employees, navigating these protections can be complex, especially if you face issues with job reinstatement, benefits, or workplace accommodations. 

When should I seek legal guidance?

You should consider consulting a lawyer if:

• You are denied maternity leave despite meeting the eligibility criteria.
• There are disputes over your rights during your leave, such as access to benefits. 
• You are terminated during your maternity leave, or your position is eliminated.
• Your employer makes significant changes to your role or duties that negatively impact you.
• You face any discrimination or unfair treatment related to your maternity leave.

In these situations, an experienced employment lawyer can help you understand your legal rights and plan next steps with your employer.

Have questions about maternity leave in Alberta? 

If you have any questions about maternity leave in Alberta or need assistance navigating the process, it’s important to get personalized legal advice for your unique circumstances. 

Contact us to book a consultation and ensure your rights are protected. 

FAQs on maternity leave in Alberta

This article is intended to help educate the general public on the legal community on recent developments in employment law. Reviewing this article is not a sufficient substitute for legal advice. If you need legal advice, contact us today.