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MOM · EMPLOYMENT PRACTICES

Maternity leave protections and obligations

Pregnancy protection

If an employee had at least 3 months’ service and medical confirmation of pregnancy before dismissal/retrenchment notice, an employer dismissing without sufficient cause or retrenching during pregnancy must pay the maternity benefits she would have qualified for.

Employee and employer obligations

A mother cannot work for another employer during maternity leave; doing so forfeits maternity benefits and may result in dismissal. Employers must maintain salary for the applicable paid maternity period as though employment continued, must not ask for work during the first 4 weeks after confinement, and commit an offence by dismissing during maternity leave. Read payment duration with the separate 12/16-week entitlement rules, rather than assuming every week of 12-week leave is paid. The statutory bases are CDCA Part 3 and Employment Act Part 9.

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Maternity leave protections and obligations ↗

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