Employment Standards Act of British Columbia - Part VI: Leaves and Jury Duty

Part VI: Leaves and Jury Duty

Pregnancy Leave: Unpaid leave for employees giving birth to a child

The length of the leave depends on when the request is made, and whether there are any complications with the pregnancy.

• If leave is requested while the employee is pregnant, they are entitled to up to 17 consecutive weeks of unpaid leave. This leave cannot begin more than 11 weeks before the expected birth date and not later than the actual birth date. It cannot end earlier than 6 weeks after the actual birth date (unless less than 17 weeks is being taken) or later than 17 weeks after the actual birth.
• If leave is requested after birth or termination of the pregnancy, the employee is entitled to 6 consecutive weeks of unpaid leave beginning on the date of the birth or the termination of the pregnancy.
• An extension can be requested for up to an additional 6 weeks if the employee is unable to return to work for reasons related to the birth or termination of the pregnancy.

Parental Leave: Unpaid leave for natural or adoptive parents of a child

The length and timing of the leave depends on the relationship of the employee to the child.

For birth parents:

• If the birth mother has taken pregnancy leave, she is entitled to 35 consecutive weeks of unpaid leave
• If the birth mother did not take pregnancy leave, she is entitled to 37 weeks of unpaid leave
• Leave must begin after the child's birth and no later than 52 weeks after the actual birth date
• Birth fathers are entitled to up to 37 consecutive weeks of unpaid leave

For adoptive parents:

• Are entitled to up to 37 consecutive weeks of unpaid leave. This leave must begin within 52 weeks after the child is placed with the parent
• Marital status does not matter - so it includes same sex and common law partners
• An extension can be requested. Leave can be extended by 5 additional weeks in the event a child has a physical, psychological, or emotional condition requiring an additional period of parental care
• Additional time has to begin immediately after the previous leave

There is a maximum of 52 weeks of unpaid leave.

In addition, there are a few other types of leave that are outlined in the Act, including family responsibility leave, compassionate care leave, reservists' leave, and bereavement leave.