Maternity leave in British Columbia: how it works for employers

When one of your employees is pregnant and expecting, you may not know where to start. They will have a right to take this leave, and you’ll have to provide the right circumstances for them to do so. So, here’s how to manage your employees’ pregnancy leave properly.

What is maternity leave in British Columbia?

Maternity leave, also known as pregnancy leave, is an unpaid, job-protected leave available to employees who are pregnant, it allows them time off from work to give birth to their child. In British Columbia, all pregnant employees are entitled to maternity leave, regardless of how long they have been employed.

Maternity leave is commonly mistaken for parental leave—which is relevant but has different entitlements and requirements. Employees who give birth will have parental leave entitlements after their maternity leave ends, which can be deferred to a later time if agreed upon between the employee and employer.

While the leave is unpaid, parents can apply for the Employment Insurance maternity benefit through Service Canada.

Maternity leave documentation terms

When referring to maternity leave, it could be best practice to refer to the ESA title (maternity leave), but to internally refer to it as “Pregnancy leave”. The term Maternity leave is potentially exclusionary toward gender diverse employees.

Be sure to update your documentation to avoid the verbiage of “pregnant women” or “expecting mothers” as British Columbia’s ESA uses terms such as “pregnant employees” to ensure inclusion.

How long maternity leave lasts in B.C.

• Typically, up to 17 consecutive weeks of leave

• Up to 6 additional consecutive weeks in certain circumstances

When an employee takes pregnancy leave, it can last up to 17 weeks as standard under the ESA. It must be taken all at once—meaning that if an employee decides to return to work before the end of their 17 week leave, they would not be able to resume the remainder of their untaken leave.

If an employee is unable to return to work at the end of this 17 weeks due to circumstances relating to the birth of their child or termination of a pregnancy, they are entitled to an additional 6 weeks of leave.

The employee does not have to be “physically unfit” to return to work to request the 6-week extension, they simply have to be unable to return to work “for reasons related” to their birth or termination of the pregnancy. This can include physical, psychological and emotional difficulties encountered by the employee or their baby.

When maternity leave can begin

• Earliest: No earlier than 13 weeks before the expected due date

• Latest: No later than the actual birth date

This means if an employee in British Columbia gives birth 13 weeks before their due date, their pregnancy leave would begin immediately, and they can provide retroactive notice of such.

Notice requirements for maternity leave in B.C.

Employees are encouraged to give their notice in writing, 4 weeks before the day they propose to begin their leave. However, if an employee fails to give notice, this does not make them ineligible for the leave.

The notice does not necessarily have to be written, nor given within the 4-week window. Notice can be given retroactively (after the employee begins their leave) or given verbally (such as via a phone call).

In the event an employee gives verbal notice, it could be beneficial to an employer to formally document their conversation, establishing key dates and details, and storing it securely for future reference.

Requesting certificates from an employee for maternity leave

Employers in British Columbia have the right to request a certificate from a medical practitioner or nurse practitioner to:

• Verify the expected due date of a child

• Confirm the date the pregnancy terminated

• Establish whether the employee can return to work within 6 weeks of giving birth

• Confirm reasons for requesting 6-weeks of additional leave

Employers do not have the right to request a certificate for other reasons relating to maternity leave and could be found non-compliant with the ESA in doing so.

B.C. maternity leave employer obligations and options

Employers must:

• Grant maternity leave

• Allow up to 17 weeks of leave

• Grant a 6-week extension in the correct circumstances

Employers can:

• Request certificates from a medical or nurse practitioner related to key information

• Allow employees to return to work early, if they wish to

Employers cannot:

• Deny maternity leave

• Request/force the employee return to work early

• Punish/negatively treat employees for taking maternity leave

• Request details from a medical practitioner irrelevant to the leave

Do you need help managing employee leave or policies?

BrightHR is here to help. We can provide your business with 24/7, unlimited employment relations advice for difficult situations, provide compliant templates for your leave policies, and also help you manage your employees with our absence management software.

Safely store confidential documents, track employee leave properly and stay compliant with ease.

Book a free demo today with our experts to find out how BrightHR can help your business.