When On Maternity Leave, Do You Still Collect Vacation Time Alberta?

In Alberta, employees are eligible for maternity and parental leave if they have been employed at least 90 days with the same employer. Eligible employees can take time off work without pay for maternity or parental leave without risk of losing their job. Seniority continues to accumulate during maternity leave as if they were still actively working, meaning that length of service, vacation entitlement, and other benefits are not negatively impacted by taking maternity leave.

Employees do not accrue vacation time or other benefits while on maternity or paternity leave. For example, if Mark takes an unpaid parental leave of 6 months, and his annual vacation entitlement is 2 weeks, he will earn one week of paid vacation (for the 6 months he worked and earned wages) and 1 week of vacation time.

Parental leave in Alberta can be up to 62 weeks for employees who take maternity leave and up to 78 weeks for employees who do not take maternity leave. While an employee is away on maternity/parental leave, they are earning vacation time, but the vacation pay she earns will be determined by what is stated in her employment contract. Employers are legally required to continue paying the health-related part of maternity leave benefit premiums if they pay for employee benefit premiums when their employees are sick. Maternity leave can last up to 16 weeks, while parental leave can extend up to 62 weeks.

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 leave. While on mat leave, employees still continue to accrue vacation for 2022, so when they return in 2023, they are still entitled to those unused vacation days from 2022.

Employees can take time off work without pay for maternity or parental leave without risk of losing their job. Employers must grant maternity or parental leave, and employees must take at least six weeks of leave immediately following the actual date of delivery. Provinces such as Alberta do not allow for accrual during leaves of absence.

In summary, Alberta’s employment standards ensure that employees are eligible for maternity and parental leave without accruing vacation time or other benefits.

How Much Maternity Leave Do You Need In Alberta?

In Alberta, employers must provide eligible employees with up to 16 consecutive weeks of unpaid maternity leave, along with the option of an additional 62 weeks of unpaid parental leave. To qualify for either type of leave, an employee must have been continuously employed for a minimum of 90 days with the same employer. Maternity leave can begin at any point within 13 weeks before the expected delivery date. Additionally, the parental leave eligibility is assessed separately for each parent.

During the maternity leave period, an employee is entitled to take time off without pay, and employers are required to maintain health benefit premiums for employees on maternity leave if they cover these premiums for employees who are sick. The maternity leave duration is 16 weeks, which is one week shorter than the Employment Insurance benefit period at 17 weeks. Employees have a total of 78 weeks within which to utilize their maternity and parental leave entitlements.

There is no specific hourly requirement for qualifying for maternity leave; continuous employment is the primary criterion. Birth mothers can start their leave as early as 13 weeks prior to their due date, and the combined maximum leave period available to birth mothers can total up to 78 weeks when including both maternity and parental leave.

How Does Unlimited PTO Work With Maternity Leave?

Extending an unlimited Paid Time Off (PTO) policy to encompass maternity, paternity, and parental leave allows employees to take considerable time off for bonding with their newborns. This could mean six months or more for maternity leave, or similar provisions for paternity leave and adoption. However, there’s no legal barrier to providing unlimited PTO to exempt employees. Employers can choose not to offer specific parental leave while maintaining unlimited PTO for vacation, but they must comply with the Family Medical Leave Act (FMLA) and relevant state laws.

Employees may experience confusion when it comes to how unlimited PTO applies to maternity leave. Not all employers permit the use of unlimited PTO for parental leave, necessitating clear policies or agreements. For instance, combining limited maternity leave with unlimited PTO could extend total leave significantly. It’s important to note that unlimited PTO isn't a free-for-all; employees are required to submit requests like in any structured PTO policy.

Some companies, after implementing unlimited PTO, have seen financial benefits that enabled them to enhance maternity, parental leave, and other employee benefits. For employees in states like New York, subsidized maternity leave of 12 weeks may overlap with an employer's existing policies. Ultimately, the effective administration of unlimited PTO can present challenges, particularly regarding compliance and job protection under FMLA.

Do I Accrue Vacation While On Leave?

An employer's policy dictates whether an employee on Family and Medical Leave Act (FMLA) leave continues to accrue paid time off (PTO). Generally, when on paid leave, accrual typically continues; however, it stops when on unpaid leave. For legally protected leave, vacation accrual depends on the employer's vacation policy, ensuring the employee is treated fairly compared to others. Each company's decision varies regarding whether employees accrue PTO while on medical or vacation leave.

Generally, rank-and-file employees may accrue 7 to 15 hours per month based on service length, and managers/supervisors may accumulate 7 to 16 hours per month. While it may seem unusual to earn vacation during a leave, this practice aligns with certain employer policies. In cases of unpaid leave, like workers' compensation, accrual generally does not continue. Additionally, policy guidelines clarify that employees using sick or vacation leave concurrently with FMLA leave may continue to accrue benefits.

Ultimately, whether vacation leave is affected during maternity or parental leave also hinges on company-specific policies and legal standards. Employees in some regions, like Ontario, maintain vacation accrual even while on leave, showcasing varying practices based on location and policy.

Does PTO Accrue While On Maternity Leave?

La acumulación de tiempo libre pagado (PTO) durante la licencia bajo la Ley de Licencia Familiar y Médica (FMLA) depende de las políticas del empleador, ya que la FMLA no exige que se permita la acumulación de PTO durante este período. Sin embargo, la ley federal mantiene que cualquier beneficio que el empleado hubiera acumulado debe ser preservado. La FMLA otorga hasta 12 semanas de tiempo libre no remunerado y protegido para razones como el nacimiento de un hijo, adopción o condiciones de salud graves para sí mismo o un familiar. Si un empleador brinda licencia parental pagada y su política indica que el PTO continúa acumulándose durante estas licencias, el empleado también puede acumular PTO durante la licencia parental.

Es importante que los empleados conozcan sus derechos durante la licencia FMLA y su reincorporación. Además, algunos empleadores permiten el uso de PTO acumulado durante la licencia para incrementar la compensación. Las políticas de PTO y su acumulación durante las licencias pueden variar, por lo que es esencial revisar la práctica previa y manejar los beneficios de licencia de manera clara. Además, los derechos de ambos padres para tomar licencia FMLA son iguales, lo que asegura que tanto madres como padres puedan disfrutar de tiempo con su recién nacido.

Do You Accrue Vacation Time While On Maternity Leave In Canada?

In Ontario, employees accrue vacation time while on any mandated leave, such as sick, maternity, or parental leave. While on maternity or parental leave, employees earn vacation time, but the vacation pay they receive is dependent on their earnings, which means they may get fewer paid days if their leave is unpaid. Under the Ontario Employment Standards Act (ESA), employees are guaranteed a minimum of two weeks of vacation, regardless of whether they are actively working or on leave.

If an employer's vacation policy aligns with ESA standards, employees will still accumulate vacation time during their leave. However, there isn’t any accrual of vacation pay during maternity or parental leave, as these leaves are categorized as unpaid.

Employees must take any annual vacation earned prior to their leave within 12 months of its accrual. Employees can defer accrued vacation time from before their leave until their maternity or parental leave ends. Upon returning to work, they are entitled to vacation time as if they hadn’t taken leave, but the calculation for vacation pay will reflect their earnings during the leave. In summary, vacation time accrual continues during maternity and parental leaves, but vacation pay is based on pre-leave earnings, with specific provisions depending on the employer's policies and the employment contract.