Excited to Welcome a New Baby? Here’s What You Need to Know About Work and Parental Leave
You’re over the moon about your little bundle of joy and can’t wait to share the news with family, friends, and coworkers. But with all the excitement, it’s normal to feel a bit anxious about telling your employer. Most new parents need to take some time away from work to focus on their new role: parenthood. You might be wondering:
When should I tell my boss I’m expecting?
Can I get fired for requesting parental leave?
We asked our legal team to answer these questions (and more) so you can feel confident and informed.
Key Takeaways
-
-
You don’t have to tell a current or future employer you’re pregnant.
-
In Alberta, you must give at least 6 weeks’ notice before starting maternity leave.
-
You’re eligible for maternity and parental leave after 90 days with the same employer.
-
Employers cannot fire you for taking maternity or parental leave.
-
You’re entitled to return to the same or an equivalent role after your leave.
-
You can take up to 16 weeks of maternity leave and up to 62 weeks of parental leave.
-
Do I Have to Tell My Employer I’m Pregnant?
If you’re applying for a new job or recently started one, you don’t have to disclose your pregnancy — and employers aren’t allowed to ask. Discrimination based on pregnancy or childbirth is illegal, including being fired, forced to resign, or laid off.
When Should I Tell My Employer I’m Expecting?
By law in Alberta, you must give your employer six weeks’ notice before starting maternity leave. Many expectant parents choose to wait until after the first trimester, but it’s entirely up to you. Some people choose to share earlier if morning sickness or medical needs affect their work. You decide when the timing is right for you.
Am I Eligible for Maternity or Parental Leave?
- If you’ve worked at least 90 days with the same employer, you qualify for maternity and parental leave under Alberta’s Employment Standards Code.
- If you’ve worked fewer than 90 days, your employer may still grant leave, but they aren’t legally required to.
Sharing leave? If both parents work for the same employer, you can share up to 62 weeks of parental leave, but employers aren’t required to approve leave for both parents at the same time.
What If Pregnancy Affects My Job Performance?
Every pregnancy is unique-while some may be relatively smooth, others can bring challenges like morning sickness, fatigue, or other complications that might impact your work performance. And that’s completely normal. You have the right to reasonable accommodations in the workplace during your pregnancy.
If you find that you need more flexible hours or adjustments to your duties, your employer is required to make every reasonable effort to support you. This includes allowing time off for medical appointments and making other accommodations as needed, such as:
-
Adjusted duties
-
More frequent breaks
-
Time off for medical appointments
-
Flexible work hours, where possible
Employers are legally obligated to accommodate your needs unless doing so would cause undue hardship to the business. Remember, your well-being comes first, and you shouldn’t hesitate to communicate your needs during this important time.
Can I Be Fired for Taking Maternity Leave?
No. It is illegal for an employer to fire or lay off an employee because they are pregnant or taking parental leave. This is a human rights violation.
If your employer gives another reason — like poor performance — but you suspect it’s because of your pregnancy, speak to a lawyer before signing anything. An employment lawyer can help determine if your termination was wrongful and what severance or compensation you may be entitled to.
How Long Is Maternity and Parental Leave in Alberta?
In Alberta, maternity leave lasts up to 16 weeks and can start as early as 13 weeks before your estimated due date. This leave is designed specifically for birth mothers to recover and prepare for the arrival of their new baby.
Beyond maternity leave, parents are also eligible for up to 62 weeks of parental leave. Parental leave is flexible and can be taken by:
-
The birth mother (immediately after maternity leave)
-
The other parent
-
Adoptive parents
-
Or shared between both parents
You can begin parental leave any time after the birth or adoption of your child, but it must be completed within 78 weeks of that date.
Whether you intend to return to work or not, it’s important to provide your employer with written notice at least four weeks before your planned return date. This helps ensure a smooth transition for both you and your workplace.
Can My Employer Give Me a Different Position When I Return from Maternity Leave?
While your employer may hire a temporary replacement during your maternity or parental leave, they cannot permanently replace you. When your leave ends, you are entitled to return to the same position you held before your leave, or to a comparable role with similar duties, job title, and compensation. If your employer does not allow you to return to your previous or an equivalent position, it’s important to seek legal advice from an employment lawyer right away.
We’re Here to Support You
We hope this article has answered your questions and provided some peace of mind-whether you’re expecting, planning for the future, or already navigating your leave. If you have any concerns or feel that your employer has treated you unfairly, don’t hesitate to reach out. Speaking with one of our employment lawyers is completely free, and we’re here to help you understand your rights. You can contact us at any time to book a free consultation.