Section 51 provides for unpaid parental leave to the natural or adoptive parents of a child. The length and timing of the leave depends on the relationship of the employee to the child.
If a birth mother takes pregnancy leave, she is entitled to an additional 35 consecutive weeks of unpaid leave, beginning immediately after the end of the pregnancy leave, unless the employer and the employee agree otherwise. If a birth mother does not take pregnancy leave, she is entitled to 37 weeks of unpaid leave. This 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, beginning within 52 weeks of the birth of the child.
Adoptive parents, regardless of their marital status or whether they are same-sex partners, 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. Note that foster parents are not entitled to leave under this section.
In the event the child has a physical, psychological or emotional condition requiring an additional period of parental care, the employee is entitled to up to an additional five consecutive weeks of unpaid leave beginning immediately after the end of the parental leave.
Visit Employment Standards Act - Parental Leave for the specific details concerning the procedure for requesting parental leave.
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