Length of Maternity, Parental and Adoption Leave in Employment Standards Legislation (unpaid)
Length of Maternity, Parental and Adoption Leave in Employment Standards Legislation (unpaid)
Jurisdiction |
Maternity Leave(1) (in weeks) |
Parental Leave(1) (in weeks) |
Adoption Leave(1)(in weeks) |
Federal |
17 |
37(4) |
37(4) |
Alberta |
15 |
37(4) |
37(4) |
British Columbia |
17 |
37(3),(5) |
37(5) |
Manitoba |
17(2) |
37(2),(5) |
37(5) |
New Brunswick |
17 |
37(4) |
37(4) |
Newfoundland and Labrador |
17 |
35(5) |
52(5),(8) |
Northwest Territories |
17 |
37(5) |
37(5) |
Nova Scotia |
17 |
52(3),(5) |
52(5) |
Nunavut |
17 |
37(5) |
37(5) |
Ontario |
17 |
37(3),(5) |
37(5) |
Prince Edward Island |
17 |
35(4) |
52(4) |
Quebec |
18(2),(6) |
52(2),(5),(6) |
52(5) |
Saskatchewan |
18 |
37(5),(7) |
52(8) |
Yukon |
17(2) |
37(2),(4) |
37(4) |
Legislative references: Federal, Canada Labour Code: sections 206, 206.1(1) and 206.2; Alberta, Employment Standards Code: sections 46(1) and 50; British Columbia, Employment Standards Act: sections 50(1) and 51(1); Manitoba, Employment Standards Code: sections 54(1) and 58(1); New Brunswick, Employment Standards Act: sections 43(1) and 44.02(2) and (12.2); Newfoundland and Labrador, Labour Standards Act: sections 42, 43.2 and 43.5; Northwest Territories, Labour Standards Act: sections 31(2), 34(1) and 35.1; Nova Scotia, Labour Standards Code: sections 59(1) and 59B(1), (2) and (4); Nunavut, Labour Standards Act: sections 31(2), 34(1) and 35.1; Ontario, Employment Standards Act, 2000: sections 47(1) and 49(1); Prince Edward Island, Employment Standards Act: sections 20(1) and 22(1), (2) and (2.1); Quebec, An Act respecting labour standards: sections 81.2, 81.4 and 81.10; Saskatchewan, Labour Standards Act: sections 23(3), 29.1(2.1) and 29.2(2); Yukon, Employment Standards Act: sections 36(2) and 38(1) and (6).
Eligibility requirements: To qualify for maternity or parental leave, an employee must normally have completed a specific period of continuous employment. However, some provinces—
Notes:
(1) A number of jurisdictions allow maternity and/or parental leave (for natural or adoptive parents) to be extended under certain circumstances, such as late births or health problems of the mother or child.
(2) In all Canadian jurisdictions except
(3) In the case of an employee who has taken maternity leave, the maximum parental leave is 35 weeks.
(4) The
(5) A majority of jurisdictions, namely British Columbia, Manitoba, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec and Saskatchewan (with respect to parental leave) permit both parents to take the full parental or adoption leave. In the other jurisdictions, parental leave can normally be shared between parents.
(6) Effective
(7) In
(8) In
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