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Pregnancy and parental leave

Pregnancy and parental leave are statutory leaves of absence around the birth or adoption of a child. Ontario’s Employment Standards Act, 2000 calls them pregnancy leave and parental leave, while the Canada Labour Code and British Columbia’s Employment Standards Act call the first maternity leave. A buyer needs to know who is on one at closing.

A buyer meets these leaves when diligence lists an employee who is away or about to be. The list shows who may return and under which statute. See what happens to an employee on leave when the business is sold.

How each statute words it

  • Ontario: a pregnant employee is entitled to pregnancy leave of absence without pay (section 46), subject to a length-of-employment condition, and a parent employed for the period the Act sets is entitled to parental leave (section 48). On return the employer shall reinstate the employee to the position most recently held if it still exists, or a comparable one, unless employment ended solely for reasons unrelated to the leave (section 53).
  • Federal: the Canada Labour Code grants maternity leave on a health care practitioner’s certificate that the employee is pregnant (section 206) and parental leave to care for a newborn or an adopted child, subject to its conditions (section 206.1).
  • British Columbia: a pregnant employee who requests it is entitled to maternity leave, with the request in writing (section 50), and parents can request parental leave under the following section.

See also protected leave. This entry covers Ontario, the federal Code and British Columbia only; check the rules where you are.

Sources

This definition is checked against primary sources. Links were last confirmed on the dates shown.

  1. 01
    Government of OntarioGovernment
    Employment Standards Act, 2000, S.O. 2000, c. 41
    ontario.ca·Checked Oct 20, 2026
  2. 02
    Government of Canada (Department of Justice)Government
    Canada Labour Code, R.S.C. 1985, c. L-2
    laws-lois.justice.gc.ca·Checked Oct 20, 2026
  3. 03
    Government of British Columbia (King’s Printer)Government
    Employment Standards Act
    bclaws.gov.bc.ca·Checked Oct 24, 2026

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