Parental and maternity leave policies in Alberta play a crucial role in supporting employees during some of the most significant moments of their lives. For employers, understanding the nuances of these rights is essential to maintaining compliance with provincial and federal laws while fostering a supportive workplace culture. This blog explores the legislative framework, employer obligations, and practical steps to avoid human rights complaints related to parental leaves in 2025.

Alberta’s Employment Standards Code

Under the Employment Standards Code (ESC), eligible employees in Alberta are entitled to unpaid maternity and parental leave.

Parental and Maternity Leave Entitlements

Under Alberta’s Employment Standards Code (ESC), employees are entitled to both parental and maternity leaves. Maternity leave grants pregnant employees up to 16 consecutive weeks of unpaid leave. This leave can commence as early as 13 weeks before the estimated due date and must end no later than 18 weeks after childbirth. Parental leave provides up to 62 consecutive weeks for new parents, including adoptive and same-sex parents. These leaves can be shared between parents and must be taken within 78 weeks of the child’s birth or adoption placement.

Job Protection and Financial Support

Employees’ jobs are protected during these leaves, ensuring they return to the same or a comparable position with equivalent pay and benefits. Additionally, employees may qualify for Employment Insurance (EI) benefits through the federal government. Maternity benefits can provide up to 15 weeks of financial support, while parental benefits extend up to 61 weeks or 69 weeks under the extended parental benefits program.

Employer Obligations: Ensuring Compliance and Support

Handling Leave Notifications

Employers in Alberta are obligated to comply with maternity and parental leave laws while fostering a supportive environment for their employees. First, it is essential to handle leave notifications professionally. Employees are required to provide written notice of their intention to take leave. Section 53 of the Employment Standards Code pertains specifically to the “resumption of employment” after leave. It outlines the requirement for employees to provide written notice of their intention to return and obligates employers to reinstate employees to their previous or comparable position with the same pay and benefits. Employers should acknowledge these requests promptly and ensure all relevant documentation is complete while respecting the employee’s confidentiality.

Alberta’s Human Rights Act plays a significant role in ensuring employers respect employees’ leave rights. Mishandling notifications can lead to complaints and penalties under this Act. Mishandling notifications, such as delays in acknowledging leave requests or failing to honour return-to-work provisions, can lead to formal complaints and significant penalties under the Act. Employers must handle all leave-related processes with transparency and fairness, ensuring they meet both legal obligations and maintain a respectful workplace environment.

Maintaining Employment Benefits

Maintaining employment benefits during leave is another critical responsibility. Employees on leave are entitled to continued participation in health insurance, dental coverage, and pension contributions. Employers should clearly communicate the terms of benefits continuation, including any cost-sharing requirements.

Preventing Discrimination

Preventing discrimination is a cornerstone of effective compliance and workplace equity. Employers must ensure that maternity or parental leave does not negatively impact an employee’s career trajectory. This includes avoiding actions such as downgrading performance evaluations, withholding promotions, or reducing pay increases due to leave.

The Alberta Human Rights Act explicitly prohibits discrimination based on gender, pregnancy, or family status. Employers must recognize that pressuring an employee to return early from leave or assigning them to less desirable tasks upon return may constitute discrimination under the law.

Proactive measures include:

• Ensuring transparent, documented leave policies that align with the Employment Standards Code.
• Training supervisors to recognize unconscious bias and understand the rights of employees on leave.
• Providing equal opportunities for employees on leave to participate in workplace advancements, such as training or project assignments, upon their return.

Documenting Policies & Record Keeping

Workplace policies outlining these rights and responsibilities should be documented in employee handbooks. Transparent communication ensures that employees understand their entitlements and reduces the likelihood of misunderstandings or disputes.

For record-keeping obligations, Section 14(1) of the ESC mandates that employers maintain accurate and detailed records for each employee, including:

• Personal details (name, address, date of birth).
• Employment start date and job title.
• Records of hours worked and overtime.
• Leaves of absence taken, including dates and types of leave.
• Other relevant employment details.

These records must be kept for at least three years from the date they are created. Compliance with these provisions ensures transparency and serves as a defence against disputes. Employers should also include the following in their handbooks:

• Procedures for applying for leave.
• Details of job protection guarantees.
• Information on benefits continuation during the leave period.

By documenting and proactively communicating these policies, employers can foster trust and significantly reduce the risk of non-compliance penalties.

Supporting the Modern Workforce With Parental Leave and Flexibility

Parental leave policies in Alberta have evolved to provide more flexibility, accommodating the diverse needs of today’s workforce. Employees can take advantage of both standard and shared leave options, enabling families to manage caregiving responsibilities more effectively. Under the Employment Standards Code, parental leave can be shared between both parents, which is particularly beneficial for households where caregiving duties are distributed equally. This flexibility empowers parents to balance professional commitments with family responsibilities seamlessly.

Offering Additional Supports

Moreover, employers are encouraged to go beyond the minimum standards by offering additional support. Examples include:

• Flexible Work Schedules: Allowing reduced hours or remote work arrangements for employees transitioning back from parental leave.
• Top-Up Programs: Providing supplemental income beyond Employment Insurance benefits to ease financial pressures during leave.
• Return-to-Work Programs: Implementing initiatives that help employees reintegrate into their roles effectively, such as mentorship or gradual return-to-work options.

These measures not only enhance employee well-being but also position organizations as progressive and family-friendly employers. A proactive approach to parental leave policies demonstrates a commitment to work-life balance, fostering loyalty and improving employee retention rates.

When Should I Seek Legal Guidance?

For Employees

Employees should seek legal guidance if they encounter challenges or disputes related to their maternity or parental leave. This might include:

• Being denied leave despite meeting eligibility criteria under the Employment Standards Code.
• Disputes over access to benefits during your leave period.
• Termination during your leave or elimination of your position without valid justification.
• Significant changes to your role, duties, or compensation that negatively impact you after returning from leave.
• Experiencing discrimination or unfair treatment linked to your pregnancy, leave, or return-to-work arrangements.

An experienced employment lawyer can help employees understand their rights, assess their situation, and pursue appropriate remedies, whether through negotiation, mediation, or legal action.

For Employers

Employers should consult a lawyer to ensure compliance with maternity and parental leave laws and to address any complex situations that may arise. Legal guidance is particularly valuable when:

• Drafting or updating leave policies to align with the Employment Standards Code and the Alberta Human Rights Act.
• Handling disputes related to an employee’s eligibility for leave or access to benefits.
• Navigating complex return-to-work scenarios, such as restructuring or accommodating employee needs.
• Responding to complaints or investigations alleging discrimination or wrongful treatment.
• Managing unique or overlapping leave requests that require careful legal consideration.

By seeking legal counsel, employers can ensure their practices are legally sound, mitigate risks of disputes, and maintain a positive workplace environment.

Experienced Alberta Labour and Employment Lawyers Are Here To Help

Understanding and respecting maternity and parental leave laws is both a legal obligation and a hallmark of an equitable workplace. If you are concerned about your rights regarding maternity or parental leave or an employer navigating the complexities of employee leave, our team can provide tailored and reliable legal advice.

Through their decades of experience, the labour and employment lawyers at Getz Collins and Associates can advise on a multitude of legal matters. From understanding constructive dismissals to what constitutes a fair performance management system in a workplace, our team is here to help. Based in Calgary and Strathmore, Getz Collins and Associates proudly represents clients in all surrounding communities, including Airdrie, Cochrane, Okotoks, Drumheller, Chestermere, and Hussar. To schedule a consultation, please contact us online or call 587-391-5600.