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In Ontario, pregnancy leave can last a maximum of 17 weeks for most employees. However, if an employee is still pregnant after the full 17 weeks of leave, she may continue pregnancy leave until the birth of the child. If the employee has a live birth, pregnancy leave will then end on the date of birth, and parental leave can commence.

If an employee has a miscarriage or stillbirth within the 17-week period before her due date, the employee will be entitled to the continuation of pregnancy leave until the latter of:

  • 17 weeks after the pregnancy leave began; or
  • 12 weeks after the stillbirth or miscarriage.

As a result, the pregnancy leave of an employee who has a stillbirth or miscarriage can exceed the 17-week maximum, up to a maximum of 29 weeks.

If you have any further inquiries relating to your entitlements while on pregnancy and/ or parental leave, or are seeking legal advice in the event of a conflict, please contact Toronto employment lawyersSultan Lawyers at 416-214-5111 or via email to khayward@sultanlawyers.com.