In Alberta, Is It Possible To Be Fired While On Maternity Leave?

In Alberta, employees may be eligible for maternity or parental benefits under the federal Employment Insurance program. However, it is illegal for employers to terminate or fire an employee while they are on maternity leave. It is extremely unlikely that employers in Alberta would be able to fire non-unionized workers for cause while on maternity or parental leave.

Employers cannot fire or terminate an employee on maternity or parental leave because of reasons such as pregnancy, preventing a woman from using her benefit plan for health-related part of her maternity leave, or asking a woman to pre-pay. Job protection during the leave is not required, and employers are not required to pay wages or benefits during this time.

Maternity leave in Alberta is available to all pregnant employees (part-time, full-time, permanent, or fixed-term) as long as their workplace is covered by the Alberta Employment Standards Code (ESC). Under the province’s Employment Standards Code, employees who have been with their company for at least 90 days are entitled to 16 weeks of unpaid maternity leave.

In Alberta, no employer can terminate the employment of, or lay off an employee when the employee is entitled to or has started maternity or parental leave. It is possible to be fired while on maternity leave, but your right to return to your position after maternity leave is protected.

It is a common misconception that you can’t lose your job while on maternity or parental leave legally, but it is illegal. Employers cannot legally fire, let go, or lay off an employee because they have taken maternity or parental leave. This discrimination based on family status is not allowed. An employer may not dismiss, suspend, layoff, demote, or discipline an employee because they are pregnant or have applied for or intend to apply for maternity leave.

Can you work while you are on maternity leave?

Maternity leave allows employees to choose to work on “keeping in touch days”, which include attending training or meetings. These days should be used and paid at least the minimum wage, depending on the contract. Employees still have their usual work rights, including the possibility of receiving maternity pay or Maternity Allowance, which is usually less than their normal pay. Additionally, employees have the right to any pay review they would normally have, such as a pay review every March.

What is the maximum maternity leave pay in Alberta?

As of 2024, Alberta parents can receive Standard Parental Benefits, which pay 55 of their average insurable weekly earnings up to a maximum of $668 per week for up to 35 weeks. These benefits can be shared between parents, but one parent cannot receive more than 35 weeks. Extended Parental Benefits, which pay 33 of your average weekly earnings up to a maximum of $401 per week, can be shared between parents for up to 61 weeks. These benefits can be taken within the first year after the child’s birth or adoption.

What happens if I lose my job while pregnant?

The Pregnancy Discrimination Act prevents employers from discriminating against pregnant women, including not hiring or firing them due to pregnancy. Budget cuts, reorganization, or performance issues are valid reasons to terminate employment, even if the employee is pregnant.

In the case of a pregnant employee, they had to make it work by ensuring they had health insurance coverage. They were already on their husband’s health insurance plan before being laid off, so they didn’t have to worry about COBRA or finding a new plan. If they hadn’t been on their husband’s plan, it would have been easy enough to join.

Anita Bruzzese, an award-winning journalist, specializing in career and workplace issues, recommends getting the latest information from your partner’s human resource department. If that’s not an option, it’s not a bad idea to do COBRA for a month or two before switching over to a private plan or Obamacare (open enrollment for which starts November 15, 2014). Bruzzese also recommends consulting the government website on COBRA for basic information when making your decision on coverage.

What are the new rules for maternity leave in Canada?

Canada’s maternity leave policy permits new mothers to take up to 15 weeks of leave, with remuneration of up to $668 CAD per week. Both mothers and fathers are entitled to parental leave, with a five-week period reserved for the father following childbirth or adoption. The standard parental leave period is to be taken within 52 weeks of the birth or adoption of a child. Both policies are subsumed under the rubric of parental leave.

Do you accrue vacation while on maternity leave in Alberta?

While on maternity or paternity leave, you do not accrue vacation time or other benefits. However, if you have a benefits plan, your employer may have obligations under human rights legislation to continue it. Contact the Alberta Human Rights Commission for more information. Vacation time is included in your years of employment. If you plan to return to work after leave, you must give your employer written notice at least 4 weeks in advance, including your planned return date. Failure to give notice may result in not being entitled to resume work unless it was unforeseeable or unpreventable.

How long does an employer have to hold your job for maternity leave in Canada?

In accordance with the legislation of their respective provinces, employees are entitled to a leave of absence of up to 63 weeks for the purpose of caring for a newborn child or a child in their care who is the subject of an adoption process. The aforementioned leave may only be taken during the 78-week period commencing on the date of the child’s birth or the date on which the employee assumes actual care of the child. The employee may elect to commence the leave on the date of the child’s birth or the date on which the child is placed in the employee’s care.

Can you get fired on maternity leave Canada?

Maternity leave can be a challenging time for employees, but it is not a reason for termination. Employers may terminate an employee on maternity leave for legitimate reasons such as downsizing or the employee’s role no longer existing within the workplace. However, employers are expected to find a comparable role for the employee whose role has been eliminated during maternity leave. There is often a grey area when considering whether an employee can be terminated while on maternity leave, and it is essential to understand your rights as an employee to protect them when returning to work. For more information on reasons why an employee may be terminated, see the post “Can You Get Fired for No Reason in Ontario”.

Can you work while on maternity leave in Alberta?

Working during maternity leave in Canada can be done, but it may result in some loss of Employment Insurance income (EI). It is important to consider factors such as whether the job is part-time or a one-time gig, how you will notify EI and manage payment to limit the loss, and if you want to work while on maternity leave. It is also crucial to determine the actual income you will generate after EI claws back their portion, as it may not be worth the effort.

What happens if I do not return to work after maternity leave?

If you decide not to return to your job, your contract will specify the amount of notice you need to give your employer. If there is no contract, give at least a week’s notice. Ensure you receive paid for any holiday you have left, including the time spent on maternity leave. Check if you need to pay back any maternity pay, as contractual maternity pay may only be kept if you return to work. Statutory maternity pay or Maternity Allowance won’t be required if you don’t return to work.

What happens if I resign while pregnant?

Resigning while pregnant does not grant maternity leave, but you may still be entitled to Statutory Maternity Pay (SMP) if you are employed in the 15th week before your baby’s due date. The UK’s national charity for working parents and carers provides guidance on how to resign during pregnancy or not return to work after maternity or shared parental leave. The article also covers adoption leave and Statutory Adoption Pay. If you are facing redundancy or dismissal, other articles can be found.

Can you resign while on maternity leave?

Resigning during maternity leave is normal and requires following the contract or employer’s agreement. A model letter can be used to give notice. If you resign during maternity leave, you don’t need to work during the notice period and can remain on maternity leave. If you resign after maternity leave, you should work your notice unless you agree to annual leave or need sick leave. Maternity pay lasts 39 weeks, while maternity leave lasts 52 weeks, with the last 13 weeks usually unpaid.

You can remain on maternity leave for up to 52 weeks and resign at the end of the leave period if you can’t return to work. Contractual benefits, apart from wages, continue to accrue during maternity leave and will continue until the end of the notice period.