Under Canadian law, you have several obligations to pregnant employees and those taking parental leave, including:
- Pregnancy Leave: You must grant eligible employees an unpaid job protected pregnancy leave, the length of which will depend on the jurisdiction where the employee is working. In Ontario, employees are entitled to up to 17 weeks of unpaid pregnancy leave, which can begin as early as 17 weeks before the employee’s due date.
- Parental Leave: You must grant eligible employees an unpaid job protected parental leave, the length of which will depend on the jurisdiction where the employee is working. In Ontario, parents can take up to 63 weeks of unpaid parental leave (61 weeks if they have also taken pregnancy leave). In some jurisdictions, the maximum parental leave is capped if being shared by parents who work for the same employer.
- Job Protection: You must reinstate employees returning from pregnancy or parental leave to their previous position. In some circumstances, you may be able to reinstate an employee to a comparable position.
- No Discrimination: You cannot discriminate against employees based on pregnancy or their intention to take parental leave.
