The Act requires employers to grant employees the following periods of unpaid leave. An employee does not need to work for a specified period to be eligible for leave.
A pregnant employee is entitled to up to 18 consecutive weeks of unpaid pregnancy leave. This leave may start no earlier than 11 weeks before the expected birth date, and must end no earlier than 6 weeks after the birth date unless the employee requests a shorter period.
If pregnancy leave is first requested after the birth of a child or after termination of the pregnancy, an employee is entitled to up to 6 consecutive weeks of leave beginning on the date of birth or termination date.
An initial period of leave may be extended up to 6 weeks if the employee is unable to return to work for reasons relating to the birth or termination of the pregnancy.
A request for pregnancy leave during the pregnancy must be made in writing at least 4 weeks before the proposed start date. A request to return from leave earlier than 6 weeks from the birth date must be made in writing at least one week before the proposed return date.
An employer may require an employee to provide a doctor's certificate in support of a request for leave or a leave extension.
A birth mother, a birth father and an adopting parent are entitled to up to 12 consecutive weeks of unpaid parental leave. A birth mother must begin parental leave immediately after her pregnancy leave unless she and the employer agree otherwise. A birth father must begin the leave within 52 weeks after the birth of the child, and an adopting parent within 52 weeks after the child is placed with the parent.
An initial period of parental leave may be extended up to 5 weeks if the child requires an additional period of parental care.
A request for parental leave by a birth parent must be made at least 4 weeks before beginning the leave.
An employer may require the employee to provide a doctor's certificate or other evidence that the employee is entitled to the leave or leave extension.
An employee is entitled to up to 5 days of unpaid leave per
employment year to meet responsibilities related to the care, health or education of any member of the employee's immediate family.An employee is entitled to up to 3 days of unpaid leave on the death of a member of the employee's immediate family.
An employee who is required to attend court as a juror is considered to be on unpaid leave for the period of the jury duty.
If an employee is on leave or jury duty, employment is considered continuous for the purposes of calculating annual vacation and termination entitlements, as well as for pension, medical or other plans of benefit to the employee. An employer must also continue to make payments to any such plans unless the employee chooses not to continue with his or her share of the cost of a plan. The employee is also entitled to all increases in wages and benefits which the employee would have received if not on leave.
An employer may not terminate an employee on leave or jury duty, nor change a condition of employment without the employee's written consent. As soon as the leave or jury duty ends, the employee must be returned to the employee's former position or a comparable position.
back | top of page | toc | next