Section 50 provides for unpaid leave taken by employees giving birth to a child. The length of pregnancy leave an employee is entitled to depends on when she requests the leave and whether there are extenuating circumstances surrounding the birth or termination of a pregnancy.
An employee who requests leave while she is pregnant is entitled to up to 17 consecutive weeks of unpaid leave. Such leave must begin no earlier than 11 weeks before the expected birth date, and no later than the actual birth date. The leave must end no earlier than six weeks after the actual birth date, unless the employee requests a shorter period, and no later than 17 weeks after the actual birth date.
An employee who requests a leave after the birth of a child or the termination of a pregnancy is only entitled to six consecutive weeks of unpaid leave beginning on the date of the birth or the termination of the pregnancy.
However, the ESA allows the leave in either case to be extended by an additional six consecutive weeks of leave if, for reasons related to the birth or termination of the pregnancy, she is unable to return to work when her leave ends.
An employer does not have any discretion as to whether or not to grant a leave requested under this section. If an employee requests a leave, the employer must grant the leave on the dates requested. While the act sets out a procedure for requesting the leave, an employee’s failure to meet the strict requirements of the act will not disentitle her from taking the leave. Provided the employer is aware of the request for the leave, the employee will be entitled to the leave.
Visit Employment Standards Act - Pregnancy for the specific details concerning the procedure for requesting pregnancy leave.
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