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Employees should be aware of this before taking their leave. Leave can start any time within the 13 weeks leading up to the estimated due date and no later than the date of birth. If a pregnancy ends in a miscarriage or stillbirth within 16 weeks of the estimated due date, the employee is still entitled to maternity leave but is not entitled to parental leave. The leave will end 16 weeks after it begins. Employers can require employees to submit a medical certificate, confirming pregnancy and estimated delivery date. A medical certificate may be issued by a nurse practitioner or physician.
Employees must give employers written notice at least 6 weeks before starting maternity or parental leave.
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If they fail to give notice for medical reasons or a situation related to the birth or adoption, parents are still eligible for leave:. Parents who intend to share parental leave must advise their respective employers of their intention to do so. This may be increased in the future to align with Employment Insurance benefits. Annual vacation earned prior to leave must be taken within 12 months after it was earned.
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If this time falls while the employee is on leave, the employee must:. No employer may terminate the employment of, or lay off an employee solely because the employee is entitled to or has started maternity or parental leave. Termination of employment may occur if:. An employee who feels they have been improperly terminated can file an employment standards complaint.
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It is important to be aware that the eligibility requirements for Employment Insurance benefits and eligibility to take a job-protected leave in Alberta may be different. The legislation entitles eligible employees to a period of leave without pay, at the end of which they must be reinstated in their same, or an equivalent, job.
In the event of any discrepancy between this information and Alberta Employment Standards legislation, the legislation is considered correct. Contact Employment Standards or sign up for updates. Shop All Activewear. Performance Wear. Graphic Tees. Swim Shop. Men's Big.
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