Is It Possible To Work On Maternity Leave Alberta?

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In Alberta, Canada, employees are eligible for maternity and parental leave if they have been employed for at least 90 days with the same employer. Maternity benefits are available to eligible employees who have worked for the same employer for at least 90 days. Seniority continues to accumulate during maternity leave as if the employee was still actively working, meaning that their length of service, which can affect promotions, vacation entitlement, and other benefits, is not negatively affected.

Employers are required to provide eligible employees with up to 16 consecutive weeks of unpaid maternity leave, with the additional option of 62 weeks of unpaid parental leave. However, it is not enough to request a leave. Eligible employees can take maternity or parental leave after a birth or adoption, and employers are legally required to continue providing such leave.

Employees can take maternity or parental leaves without the risk of losing their job. Only a pregnant person can take maternity leave, while any parent can take parental leave to care for their newborn or newly adopted child. A common issue is how employees can apply for EI maternity benefits before they stop working in Alberta.

To qualify for maternity leave in Alberta, employees must have completed a minimum of 90 days of continuous employment with the same employer. While employees can work during maternity leave, they may lose some of their EI income, so it is advised to tread lightly. This directive covers maternity, parental, or adoption leaves for Alberta Public Service managers, and opted out and excluded employees.

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Is Maternity Leave 12 Or 18 Months In Canada
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Is Maternity Leave 12 Or 18 Months In Canada?

Under Canada’s Employment Insurance (EI), new parents can access parental benefits starting the week after their child’s birth or adoption. There are two options for parental leave: Standard (12 months) and Extended (18 months). While deciding between these options, many factors come into play. Mothers often find the initial weeks challenging due to sleep deprivation and emotional stress, making parental leave vital for bonding with the newborn.

The Canadian government introduced the extended maternity leave option in 2017, allowing parents to choose between 12 months of receiving EI benefits at 55% of their income or 18 months at 33%. Parents can also change their decision regarding leave duration even after birth. If parents decide on the extended leave, they can receive benefits for up to 61 weeks within an 18-month period.

Importantly, parents can receive EI benefits while outside Canada but must notify the EI office if leaving the country. This flexibility in leave duration helps growing families adapt to new responsibilities. While taking leave, new parents can focus on caring for their infants, which many appreciate as a crucial aspect of Canadian parental support. Overall, the choice between 12 or 18 months of leave can significantly impact family life and well-being.

Can You Be Fired While On Maternity Leave In Alberta
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Can You Be Fired While On Maternity Leave In Alberta?

In Alberta, it is illegal for employers to terminate non-unionized employees while they are on maternity or parental leave, which is job-protected for those employed for at least 90 days. However, employers can legally end employment for non-discriminatory reasons, independent of the maternity leave status. It's crucial to be aware that while an employee cannot be fired solely for taking maternity leave, their position may be safely eliminated if there is a legitimate, unrelated reason for termination. The Alberta Employment Standards Code (Section 52) enforces protections against dismissal in such circumstances, forbidding any form of termination influenced by pregnancy or maternity leave.

Despite the protections in place, misunderstandings about the scope of rights may arise; for instance, while an employee on leaves cannot be forced into maternity leave, the choice remains individualized. Additional job-protected leaves under Alberta's Employment Standards Code include compassionate care, critical illness of a child, and long-term illness; these also prevent termination during the respective leave periods.

Ultimately, while being fired during maternity leave is extremely unlikely without cause, any illegal termination due to maternity status can be challenged under human rights and employment standards legislation, establishing a framework for protecting employee rights in Alberta's workplace.

How To Make Money During Maternity Leave
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How To Make Money During Maternity Leave?

Se você pode tirar licença maternidade não remunerada sem perder o emprego, aqui estão algumas formas de ganhar dinheiro em casa. Considere fazer um seguro de invalidez de curto prazo, abrir uma conta poupança de alto rendimento e ajustar seu orçamento. Tornar-se assistente virtual, gerente de mídias sociais ou freelance é uma ótima maneira de gerar renda durante a licença. A redação freelance, em particular, oferece muitas oportunidades e pagamentos instantâneos.

Além disso, você pode aprender sobre opções governamentais e privadas para receber ou reduzir despesas, como empréstimos pessoais, seguros de invalidez e auxílio alimentar. Criar um blog e atuar como transcritor também são alternativas viáveis. Explore estratégias online e offline para gerar renda, seja transformando um hobby em um negócio ou alugando seu espaço com o Airbnb. Entender seus direitos durante a licença é essencial, e a FMLA garante apenas licença não remunerada. Com diversas oportunidades, como pesquisa online, freelance em design gráfico e prestação de serviços de cuidado infantil, é possível fazer dinheiro enquanto cuida do seu bebê.

Can I Work Another Job While On Maternity Leave Canada
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Can I Work Another Job While On Maternity Leave Canada?

Working casually during the unpaid portion of your extended maternity leave (months 12-18) is generally allowed, as long as it doesn't conflict with your employment agreement or employer policies. However, if you decide to work during your maternity leave, be cautious as it may impact your Employment Insurance (EI) income. It’s essential to assess whether the work is part-time with consistent hours or a one-time job, and consider if you are on maternity or parental leave.

While on leave, employees are entitled to job reinstatement and continuation of employer-paid medical benefits. Also, you can receive EI benefits while outside Canada, but it's crucial to notify Service Canada if you leave the country. Although it is possible to be terminated while on maternity leave, your right to return to your position is protected. If necessary, consult your healthcare provider about the suitability of your job, especially if it involves heavy lifting or irregular hours.

Eligibility for maternity benefits requires 600 insured hours of work in the prior 52 weeks. In some provinces, specific regulations may apply, so it's advisable to check the Ministry of Labour for applicable laws. Overall, working while on maternity leave can be permissible, but be sure to declare any work and wages to avoid adverse effects on your EI benefits.

How Long Is Your Job Protected After Maternity Leave
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How Long Is Your Job Protected After Maternity Leave?

The Family and Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of unpaid, job-protected leave annually for specific family and medical reasons, including the birth or adoption of a child. During this leave, group health benefits must be maintained. To qualify, employees must have worked at least 1, 250 hours in the 12 months prior to their leave, which translates to roughly 26 hours per week. On returning from FMLA leave, employers are required to reinstate employees to their previous positions, barring certain exceptions.

In addition, California offers pregnancy disability leave (PDL) for those impacted physically or mentally by pregnancy-related conditions. Employees are entitled to the same job or equivalent roles after maternity leave, with pay and conditions unchanged or improved. The first 26 weeks of maternity leave are categorized as 'ordinary maternity leave.' Furthermore, under the Pregnancy Discrimination Act and FMLA, employees are protected from termination while on maternity leave, which typically lasts 6 to 8 weeks but can extend to 12. Employees can work up to ten days during this period without losing maternity benefits, known as 'keeping in touch.'

Can You Go On The Sick Straight After Maternity Leave
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Can You Go On The Sick Straight After Maternity Leave?

After maternity leave, you are considered to be "back at work," even if you're not well enough to return. If you are sick, you are entitled to take sick leave and should adhere to your employer's standard sickness procedures. If you are unable to return to work in between maternity leave periods, you can take sick leave as needed, then transition to continuous parental leave (PPL) until exhausted. If you're still unable to work after maternity leave, follow normal sick leave procedures.

Employers may dismiss employees after prolonged sick leave if they are unable to perform their roles. Maximizing your pay during maternity leave can involve using accrued vacation, sick, or PTO, although retaining these hours for post-leave use can also be advantageous. The Family and Medical Leave Act (FMLA) protects you for 12 weeks, often requiring the use of any accrued time within this period. Preparation for maternity or parental leave includes understanding your entitled leave and state laws.

Employees cannot be dismissed for pregnancy-related conditions. You have the right to take 12 weeks of unpaid maternity leave without risking your job. Employers may automatically start maternity leave if you are off work due to pregnancy-related illness during the four weeks before your due date. After the end of maternity leave, should you fall ill, you are eligible for sick leave under usual conditions. Always notify your employer promptly when you are unable to work.

How Long Do Canadians Get Off For Maternity Leave
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How Long Do Canadians Get Off For Maternity Leave?

In Canada, maternity leave allows new mothers to take up to 15 weeks off work following the birth of their child, with benefits paid at 55% of their income or a maximum of $668 CAD per week. Maternity benefits can commence as early as 12 weeks before the due date and must be claimed within 52 weeks of the child's birth or adoption. In addition to maternity leave, eligible parents can access parental benefits, offering a maximum of 35 weeks of standard benefits or 61 weeks of extended benefits, with a cap of 35 weeks for a single parent.

Maternity leave is exclusively granted to biological and surrogate mothers, while parental leave can be shared between parents. Typically, maternity leave can begin no earlier than 13 weeks before the due date and must conclude 17 weeks after the actual birth. The entire duration for maternity and parental leave can extend up to 78 weeks, accommodating the diverse needs of new parents.

Some provincial regulations may vary slightly, adding flexibility; for instance, in Ontario, mothers can take up to 17 weeks. The benefits are essential for assisting new parents, particularly during the challenging initial months of parenting, allowing for bonding time with newborns while safeguarding job security during their absence. It's crucial for mothers to understand their options when planning for maternity and parental leave.

How Does Maternity Leave Work In Alberta
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How Does Maternity Leave Work In Alberta?

In Alberta, a pregnant employee is entitled to up to seventy-eight (78) weeks of unpaid leave, including a maximum of sixteen (16) weeks maternity leave followed by sixty-two (62) weeks of parental leave. Employees are eligible for this leave after at least 90 days of employment with their employer. Maternity leave can begin anytime within the 13 weeks leading up to the estimated due date and must be taken as a continuous period. A six-week notice, including a medical certificate, is required before starting the leave.

Eligible employees may take additional parental leave after maternity leave, allowing a total potential leave of 78 weeks. For eligibility, employees must have completed 52 consecutive weeks of employment, applicable to both full-time and part-time work. Employers are required to continue paying the health-related premiums for maternity benefits if they cover such costs. Termination during maternity or parental leave is permissible for legitimate, non-leave related reasons, in accordance with employment standards laws.

This publication outlines the rights and provisions regarding maternity and parental leave, addressing pregnancy, breastfeeding, adoption, and childcare obligations as per Alberta's Employment Standards Code. Additionally, Employment Insurance offers financial support for maternity and parental leave in the form of benefits.

Can I Earn Money While On Maternity Leave In Canada
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Can I Earn Money While On Maternity Leave In Canada?

In Canada, if you receive maternity or parental benefits while working after completing your waiting period, you can keep 50 cents of your Employment Insurance (EI) benefits for every dollar you earn, up to a threshold of 90% of your weekly insurable earnings. You can earn extra money while on maternity leave, especially by taking on flexible work-from-home opportunities or side hustles, such as selling items online through platforms like Facebook Marketplace or Craigslist.

To qualify for these benefits, you must be employed and have worked more than 15 weeks full-time before applying. It's possible to earn additional income; however, any earnings during your 15-17 weeks of maternity leave will affect your EI benefits, which could be deducted dollar for dollar. Moreover, it’s important to report any money earned while on EI, whether from regular employment or self-employment.

Maternity and parental benefits offer financial assistance to help offset lost wages during your leave, with a basic calculation based on 55% of your average insurable weekly earnings, capped at a maximum. While working during your leave is allowed, it may lead to a decrease in your EI payments, so careful consideration is needed before taking on any work. Lastly, you can still receive EI benefits while outside Canada, but you must inform Service Canada of your status.


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Freya Gardon

Hi, I’m Freya Gardon, a Collaborative Family Lawyer with nearly a decade of experience at the Brisbane Family Law Centre. Over the years, I’ve embraced diverse roles—from lawyer and content writer to automation bot builder and legal product developer—all while maintaining a fresh and empathetic approach to family law. Currently in my final year of Psychology at the University of Wollongong, I’m excited to blend these skills to assist clients in innovative ways. I’m passionate about working with a team that thinks differently, and I bring that same creativity and sincerity to my blog about family law.

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