Birth, families and employment.

• Author: McKay-Panos, Linda

When a child comes into a family (through birth or adoption) and where the caregivers are employed (e.g., working for pay), there will need to be some kind of arrangement for leave from the employment in order to care for the child. Most families require that at least some portion of the leave is paid so that they can afford to stay home and raise their children. The need for accommodation for parenting requirements by employers continues as the child or children get older.

The law is quite clear about employment leave and parenting. Across Canada, every jurisdiction has employment or labour standards that deal with parental leave. Alberta's Employment Standards Code provides that employees who have worked with the same employer for at least seven consecutive months and are pregnant, are entitled to take unpaid maternity leave (from near the end of pregnancy to immediately after the birth of the child) of up to 17 weeks. Altogether, birth mothers can take up to 52 weeks of leave with their job protected (15 weeks of maternity leave and 37 weeks of parental leave).

Fathers and/or adoptive parents (mothers or fathers) are eligible for up to 37 weeks of unpaid job-protected parental leave. Parental leave can be taken by one parent or shared between two parents, but the total combined leave cannot exceed 37 weeks. To be eligible for maternity and /or parental leave, employees must have been employed for 52 consecutive weeks with their employer. Human rights legislation prevents employers from arbitrarily terminating a pregnant employee who has less than 52-consecutive-week employment, because this would be a form of gender discrimination prohibited under the Alberta Human Rights Act (See: "Employment Standards: Rights and Responsibilities at Work: Maternity Leave and Parental Leave" March 2011) While the Employment Standards Code does not provide for salary during the leave period, some employers may provide for payment under agreements or other benefits packages.

... the most recent advancements with respect to leave and benefits involve recognition of both parents' entitlement to leave and benefits, plus the lengthening of leave and benefit periods for adoptive parents.

The federal law that deals with benefits during maternity/parental leave is the Employment Insurance Act. To qualify for Employment Insurance (EI) benefits, there are a number of requirements: individuals must have paid Employment Insurance (EI) premiums, have their normal...