Pregnancy and maternity leave
INFORMATION SHEET
A printable PDF version of this information sheet is available.
The Human Rights, Citizenship and Multiculturalism Act makes it illegal to discriminate against women because of pregnancy. Pregnancy is protected under the ground of gender.
In Alberta, women are protected against:
- being asked on job applications or in job interviews if they are pregnant or plan to have children.
- being fired, laid off or demoted because they are pregnant.
- not being allowed to use their benefit plans for the health related part of their maternity leaves.
- having to pre-pay their benefit premiums or to pay their employers’ share of premiums for the health related part of their maternity leaves.
- not being allowed to rent an apartment or house because they are pregnant, except in the case of buildings which are designated for seniors or adults only.
- being refused use of, or access to, any type of public service such as hotels, restaurants, retail stores, schools, hospitals, etc., because they are pregnant.
Employer’s responsibility
An employee’s pregnancy may prevent her from doing her job. Where possible, an employer should try to modify the workplace so the employee can work without harming herself or the baby she carries.
For example, a pregnant store clerk may not have to carry heavy boxes from the stock room if there is someone else on staff who can be asked. The working mother-to-be is then expected to assume additional less-physically demanding duties in exchange for not carrying heavy boxes.
Sometimes a pregnant employee can’t do her job because her duties simply cannot be changed. In this case, she should be treated like other employees who temporarily cannot carry out all their duties.
Negative comments or reactions from customers or staff about an employee’s pregnancy cannot be used as a reason to fire, lay off or demote her.
Employment and maternity leave
The Supreme Court of Canada has defined pregnancy as "a valid health related reason for absence from the workplace". The Supreme Court has also said that pregnancy is a legitimate health related reason for not working and as such it should be compensated.
Maternity leave can no longer be considered a general leave of absence. It is now a combination of health related and voluntary leave.
The health related part of maternity leave is where the woman’s health condition meets the employer’s normal rules for being away from work because of health. The rest of her maternity leave is voluntary leave.
Alberta law regarding maternity leave
In Alberta, 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.
However, an Alberta employer can ask a pregnant employee to provide information on her medical condition, as in any other health related absence.
A woman may begin a maternity leave with no health-related problems, but encounter them later in that leave. If so, she can use the health related part of her benefit plan from work. The health related part does not have to apply from the start of a maternity leave.
Benefit plans
Benefit plans can differ from one employer to another. Some control their own sick leave plans. Others have short or long-term disability insurance plans administered by insurance companies.
Employers should inform employees of existing benefit plans. Where these exist, employees should know how to apply for benefits.
For more detailed information on pregnancy and maternity leave and related court cases, see the interpretive bulletin Rights and responsibilities related to pregnancy, childbirth and adoption.
Please note: A complaint must be made to the Alberta Human Rights and Citizenship Commission within one year after the alleged incident.
March 2007
Due to confidentiality concerns, the Commission cannot reply
to complaints of discrimination using the Internet.
Please contact the Commission by telephone or regular mail
if you have a specific complaint.
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