Maternity Leave Alberta: Know Your Rights

Maternity leave is a crucial aspect of employment rights in Alberta, Canada, allowing new mothers to take time off work to care for their newborns. The Alberta government has established laws and regulations to protect the rights of expectant and new mothers in the workplace. In this article, we will delve into the specifics of maternity leave in Alberta, including eligibility, duration, and benefits.
Overview of Maternity Leave in Alberta

In Alberta, maternity leave is governed by the Employment Standards Code and the Alberta Human Rights Act. These laws provide employees with the right to take maternity leave and ensure that their jobs are protected during their absence. To be eligible for maternity leave, an employee must have worked for their employer for at least 90 days and provide their employer with written notice of their intention to take leave at least 6 weeks prior to the start of their leave.
Eligibility and Duration of Maternity Leave
An employee is eligible for maternity leave if they are pregnant, have given birth, or are adopting a child. The duration of maternity leave in Alberta is up to 52 weeks, which includes both maternity leave and parental leave. Maternity leave can start up to 13 weeks before the expected date of birth and can last for up to 15 weeks after the birth. Parental leave can be taken by either parent and can last for up to 37 weeks.
The following table outlines the duration of maternity leave in Alberta:
Type of Leave | Duration |
---|---|
Maternity Leave | Up to 15 weeks |
Parental Leave | Up to 37 weeks |
Total Leave | Up to 52 weeks |

Benefits and Pay During Maternity Leave

During maternity leave, employees in Alberta may be eligible for Employment Insurance (EI) benefits. EI provides temporary financial assistance to employees who are unable to work due to pregnancy, childbirth, or adoption. The amount of EI benefits received is based on the employee’s previous earnings and can range from 55% to 80% of their average weekly earnings.
Top-Up Benefits and Other Support
Some employers in Alberta offer top-up benefits to employees on maternity leave, which can supplement EI benefits. Top-up benefits can provide employees with a higher level of income replacement during their leave. Additionally, the Alberta government offers other support programs for new parents, such as the Alberta Child Benefit and the Canada Child Benefit.
The following are some key facts about benefits and pay during maternity leave in Alberta:
- Eligible employees can receive EI benefits for up to 15 weeks of maternity leave
- Top-up benefits can provide employees with a higher level of income replacement during their leave
- The Alberta government offers support programs for new parents, such as the Alberta Child Benefit and the Canada Child Benefit
Returning to Work After Maternity Leave
After taking maternity leave, employees in Alberta have the right to return to their job or a comparable position with their employer. Employers are required to provide employees with their previous job or a comparable position, with the same salary and benefits, upon their return to work.
Job Protection and Accommodation
Employees who take maternity leave in Alberta are protected from job loss and discrimination. Employers are prohibited from terminating an employee’s employment or changing their job duties due to their pregnancy or maternity leave. Additionally, employers must provide employees with reasonable accommodations to ensure their safety and well-being during their pregnancy and after their return to work.
The following are some key facts about returning to work after maternity leave in Alberta:
- Employees have the right to return to their job or a comparable position with their employer
- Employers are required to provide employees with their previous job or a comparable position, with the same salary and benefits, upon their return to work
- Employees are protected from job loss and discrimination due to their pregnancy or maternity leave
What is the duration of maternity leave in Alberta?
+The duration of maternity leave in Alberta is up to 52 weeks, which includes both maternity leave and parental leave. Maternity leave can start up to 13 weeks before the expected date of birth and can last for up to 15 weeks after the birth. Parental leave can be taken by either parent and can last for up to 37 weeks.
Am I eligible for EI benefits during maternity leave in Alberta?
+Yes, eligible employees in Alberta can receive EI benefits during maternity leave. EI provides temporary financial assistance to employees who are unable to work due to pregnancy, childbirth, or adoption. The amount of EI benefits received is based on the employee’s previous earnings and can range from 55% to 80% of their average weekly earnings.
What happens to my job when I return to work after maternity leave in Alberta?
+After taking maternity leave, employees in Alberta have the right to return to their job or a comparable position with their employer. Employers are required to provide employees with their previous job or a comparable position, with the same salary and benefits, upon their return to work.