Pregnancy(Maternity)/Parental/Adoption Leave

Pregnancy Leave 

This is an unpaid leave of absence granted to pregnant employees; that can last up to 17 weeks. The employee can start the leave up to 13 weeks before their due date. Employees can take this leave if they worked for the same employer for at least 20 weeks in the past year and are still working there. 

An employer can require an employee to take up to take up to 13 weeks of unpaid leave if their pregnancy affects their ability to do their job. 

Parental Leave 

Allows parents to take unpaid leave to care for their newborn children. To qualify, an employee must have worked for the same employer for at least 20 weeks in the past 52 weeks and still work for the same employer. This unpaid leave can be taken for up to 62 weeks. The total leave for both parental and maternity leave cannot be more than 78 weeks. 

Adoption Leave  

Provides 62 weeks leave. To qualify, an employee must have worked for the same employer for at least 20 weeks in the past 52 weeks and must still work for the same employer. The combined adoption leave for both parents cannot be more than 62 weeks. To take maternity/parental/adoption leave, an employee must give the employer at least four weeks written notice of the date they will start their leave and the date they will return to work. If an employee is taking both maternity and parental leave, they must take them back-to-back and cannot return to work between the two leaves. 

The employer may allow the employee to return to work early from pregnancy, parental or adoption leave if they give the employer written notice 2 weeks before their return date. When an employee returns from maternity/parental/adoption leave, they must be accepted back into the same position or a similar one with no loss of pay, seniority or benefits. 

Extended Leave for Maternity, Parental or Adoption Leave 

An employee can extend their maternity, parental or adoption leave by an additional 5 weeks if the child has a physical, psychological or emotional condition that needs more parental care. This additional leave must start right after the maternity, parental or adoption leave ends. 

To extend the leave, an employee must give their employer at least one week’s notice before the current leave ends. If the employer asks, the employee must give them a medical note to prove the child’s condition. 

Option to Maintain Benefits During Maternity/Parental/Adoption Leave: 

Employers are not required to provide benefits while an employee is on leave. If an employer offers benefits, they must tell the employee in writing the deadline to choose those benefits during maternity, parental or adoption leave. The written notice must be given to the employee at least 10 days before the deadline for this coverage. Examples of benefit plans include life insurance, accidental death, extended health and dental. If an employee chooses in writing to keep their benefits during a leave, they must pay the full cost, including the employer’s share. The employer must process the paperwork and payments as agreed.