Parental leave in British Columbia: how it works for employers

Employers in B.C. have a legal obligation to provide Parental leave to their employees, but managing long lengths of leave can be challenging, and remaining compliant throughout can be difficult. Employers that contravene British Columbia’s Employment Standards Act (ESA) can find themselves facing orders to comply, legal claims and financial penalties.

This guide explains key parts of parental leave for employers, to help them make the right decisions at every stage of an employee’s leave.

What is parental leave?

British Columbia’s parental leave is an unpaid, job protected leave for new parents to take care of their newborn or newly adopted children. It can be taken by birth parents, non-birth parents and adoptive parents. The right to parental leave is available to all of these employees, regardless of how long they have been employed.  

Parental leave is not available to foster parents in British Columbia. 

Parental leave vs paternity leave 

Parental leave is often informally referred to as “paternity leave”, which misclassifies who the leave is applicable to. Parental leave is available to more than just fathers, and as such, is an exclusionary term and should be avoided. 

Ensure to update any internal documents to reflect the inclusivity of the leave, and to avoid terms like “paternity” or “new fathers”. 

Defining “parents” under the ESA

To qualify for parental leave, employees must be one of the following: 

• Birth parent 

• Non-birth parent (same-sex partners included) 

• Adoptive parent 

How long parental leave lasts in British Columbia

Depending on whether the employee is the birth parent that has taken maternity leave (pregnancy leave), they will have slightly different entitlements to their leave length. Here’s how long parental leave can last, depending on each circumstance. 

Birth parents

Birth parents that have taken maternity leave for the birth of their child are entitled to 61 weeks of parental leave, usually taken concurrently to their maternity leave.  

This can be deferred if agreed upon between employee and employer, as long as it begins within a 78-week timeframe of the birth. 

Non-birth parents

All other non-birth parents, such as biological, same-sex partners and adoptive parents, are entitled to 62 weeks of parental leave. 

Ending parental leave early

Employees can choose to end their parental leave early; employers cannot choose to cut an employee’s leave short.  

If an employee decides to end their parental leave and return to work before their full entitlement period, they cannot resume parental leave to use the remainder of the leave at a later date. 

Extensions of parental leave

All parents (birth and non-birth) of a child that have experienced a physical, psychological or emotional difficulty may apply for up to 5 consecutive weeks of additional leave, to be taken immediately after their initial parental leave concludes. This extension of parental leave cannot be taken if a parent has returned to work since the end of their initial leave. 

When parental leave can begin

The times when parental leave commences varies depending on whether the parent is the one giving birth. Here’s how it works for different parents. 

Birth parents

Birth parents would usually commence their parental leave seamlessly between concluding their maternity leave, but if they reach an agreement with their employer, it can begin at a different date. This would usually start when they leave the hospital with the child, as the child must be in the parent’s care for the leave to begin. 

Non-birth parents

Non-birth parents are entitled to commence their leave up to 78 weeks after the child’s birth or date their adoptive child was placed into their care. Their leave does not have to be completed within this 78-week timeframe, it simply has to begin. 

Notice requirements for parental leave in BC

Employees are encouraged by the ESA to submit their notice for this leave in writing, before commencing the leave—however, the ESA clearly states that if an employee fails to do so, they are still entitled to the leave. 

It is best practice for employers not to pressure the employee to provide this notice in writing, and to accept whichever form of notice is provided. Employers should ensure that if notice is provided verbally, that they clearly document the conversation, highlight key points, and provide a copy to the employee to allow for transparency—this could be done in the form of an email thread, with well documented notes. 

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.