Department of Community Services

Maternity and Parental Leave

The following questions and answers are for information purposes only. For actual interpretation and application purposes refer to the Employment Standards Act and regulations, or contact an Employment Standards Officer in the Labour Services Office on the 3rd Floor of the Law Centre, 2130-2nd Avenue, Whitehorse, Yukon or call (867) 667-5944 (toll free within the Yukon 1-800-661-0408 extension 5944).

  1. Who is entitled to maternity leave?
  2. Are part-time employees entitled to maternity leave?
  3. How much maternity leave is the employee allowed?
  4. Can the employer require the employee to commence maternity leave?
  5. How soon after the child's birth may the employee return to work?
  6. Can an employee take a leave of absence for a premature birth, miscarriage or other health problems associated with the pregnancy?
  7. Who is entitled to parental leave?
  8. What if the child comes into custody suddenly?
  9. Can an employee take maternity and parental leave?
  10. Can parental leave be taken any time?
  11. Can both spouses take parental leave?
  12. Can the employee be terminated because of pregnancy?
  13. Can the employee be terminated because of parental leave?
  14. What conditions of employment are protected during maternity and parental leave?
  1. Who is entitled to maternity leave?
    An employee who has been continuously employed by her employer for at least 12 months is entitled to maternity leave. The employee must submit to her employer a written request for maternity leave and a doctor's certificate stating she is pregnant and her probable due date. That request must be made no later than four (4) weeks prior to the day the employee intends to start leave.

  2. Are part-time employees entitled to maternity leave?
    The Act makes no distinction between part-time and full-time employees; a part-time employee who meets the requirements is entitled to maternity leave.

  3. How much maternity leave is the employee allowed?
    The employee is entitled to a maximum of 17 weeks of unpaid leave. The employee may apply for fewer weeks, may return to work before the leave expires, or both if the employer agrees. There is no provision for extending maternity leave beyond 17 weeks.

  4. Can the employer require the employee to commence maternity leave?
    The employer may require the employee to take maternity leave any time within the 6 weeks prior to her estimated due date. The employer may require the employee to start her leave sooner than 6 weeks prior to her estimated due date only with the consent of the Director of Employment Standards and only if she cannot reasonably be expected to perform her duties because of her pregnancy.

  5. How soon after the child's birth may the employee return to work?
    The employee may return to work at any time, with the employer's consent or by providing the employer with 4 weeks written notice of the day she/he intends to return to work.

  6. Can an employee take a leave of absence for a premature birth, miscarriage or other health problems associated with the pregnancy?
    An employee who gives birth or terminates a pregnancy, or suffers health problems associated with the pregnancy before the maternity leave request is made, must be given a maximum of 17 weeks of unpaid leave if she requests the leave and supplies a doctor's certificate. The employee may request a shorter leave period, but cannot be required to return earlier than 6 weeks after the birth or termination of the pregnancy occurred.

  7. Who is entitled to parental leave?
    A birth mother, birth father or a person who adopts a child under the laws of the Yukon or of a province and who has been continuously employed for 12 months is entitled to a maximum of 37 weeks of parental leave. The employee must submit a written request for the leave at least 4 weeks in advance.

    Note: Please be advised the increase in Parental Leave received assent on May 9, 2001, increasing the leave provision from 12 weeks to 37 weeks. This increase is retroactive to December 31, 2000.

  8. What if the child comes into custody suddenly?
    If the child suddenly comes into the custody of the employee before he/she is able to give the employer the necessary 4 weeks of notice, the requirement is waived and the leave will be granted.

  9. Can an employee take maternity and parental leave?
    Yes, provided that the maternity and parental leave are continuous or the employee and employer agree otherwise.

  10. Can parental leave be taken any time?
    An employee must complete the parental leave no later than the first anniversary date of the birth or adoption of the child or of the date the child came into the employees care and custody.

  11. Can both spouses take parental leave?
    Parental leave can be taken wholly by one spouse or be shared by both but the cumulative total of the leave cannot exceed a continuous period of 37 weeks and cannot be taken at the same time unless one parent is unable to care for the child due to illness, injury, death or other hardship in the family.

  12. Can the employee be terminated because of pregnancy?
    An employer is prohibited from terminating the employee unless the employee has been absent longer than permitted by the maternity leave provisions. An employer cannot change the conditions of employment because of the pregnancy or authorized leave unless the employee consents, in writing, to the change.

  13. Can the employee be terminated because of parental leave?
    An employer is prohibited from terminating the employee unless the employee has been absent longer than permitted by the parental leave provisions. An employer cannot change the conditions of employment because of an authorized parental leave unless the employee consents, in writing, to the change.

  14. What conditions of employment are protected during maternity and parental leave?
    The employee's service is considered continuous during maternity and parental leave and upon return, she/he must be reinstated in the position occupied by her/him on the date her/his leave started, or in a comparable position. An employee is entitled to receive the wages and benefits she/he was entitled to prior to the leave plus all increments they would have received had leave not been taken, unless they have agreed to the change in writing.

    An employer who has suspended or discontinued operation during the employee's maternity or parental leave and who has not resumed operation before the leave expired must, on the resumption of operations, fully reinstate the employee.