Q&A: Employees Going On Maternity Leave And/Or Parental Leave

Employers commonly seek our advice on issues related to maternity and parental leave. Here are some of our most frequently asked questions:

Q: Can I ask a candidate for employment whether or not they are pregnant, or whether they are planning on starting a family? I need to know to minimize disruption to my small business.

A: It is generally inadvisable to ask such questions. While it can be difficult to manage an employee's maternity/parental leave, employers of all sizes are legally required to provide such a leave under employment standards legislation and to not discriminate against candidates for employment on the basis of sex, pregnancy or family status.

In some jurisdictions, human rights legislation specifically prohibits asking such questions. In British Columbia, while the Human Rights Code does not specifically prohibit this, a candidate who is asked such a question and then not selected for employment (for whatever reason) may make a complaint to