What to expect (professionally) when you’re expecting
Many women in law can understand the uncertainty that comes with navigating workplace policies and politics during pregnancy. When a female lawyer approached me at a networking event regarding their firm’s lack of maternity leave policy, I was shocked but not surprised. Pregnancy, while often a source of joy and excitement for expecting mothers, can be mystifying and confusing in a male dominated field where some firms still lack maternity and parental leave policies. In addition, members of the British Columbia Law Society are an exempt profession under the Employment Standards Act, RSBC 1996, c 113, leaving many pregnant lawyers questioning what their entitlements to leave may be. Law firms do have legal obligations under human rights legislation to not discriminate on the basis of pregnancy and family status, and accordingly have a duty to accommodate to the point of undue hardship. But this leaves many pregnant lawyers with the lingering question of what to expect professionally when they’re expecting.
This blog post is intended to provide a high-level overview of maternity and parental leave entitlements in British Columbia and who to talk to if your firm doesn’t have policies in place to support pregnant people.
What is maternity leave?
Maternity leave for most other employees is governed under section 50 of the Employment Standards Act, RSBC 1996, c 113. Under this section all pregnant employees who request leave under this section are entitled to up to 17 consecutive weeks of unpaid leave. Additionally, people requesting maternity leave can request an additional 6 consecutive weeks of unpaid leave for reasons related to the birth or recovery of the birth. While the Employment Standards Act does not apply to lawyers, it can act as a persuasive precedent for legal employers when discussing your entitlement to leave.
What is parental leave?
Under section 51 of the Employment Standards Act an employee who takes maternity leave is entitled to an additional 61 consecutive weeks of unpaid parental leave. Therefore, the minimum leave that the law dictates is 78 weeks. Parental leave can be split amongst parents but must be taken within 78 weeks of the child’s birth. Similarly, this is not a legal entitlement for lawyers but can be a good starting point for firms to look to when developing their own policies.
How to request maternity and parental leave
The Employment Standards Act requires a request for leave to be given in writing to the employer at least 4 weeks before the employee intends to leave. Employers are able to request a note from a physician or nurse stating the actual or expected birth date or stating the reasons for requesting additional leave. Lawyers have to incorporate time to pass along cases and ensure all work is covered when considering giving notice of leave.
Financial Resources
To alleviate financial burden, people on maternity leave are able to apply for Employment Insurance maternity benefit and will receive up to 55% of your earnings, with a maximum of $695 a week. There is also Employment Insurance benefits for people taking parental leave.
Who to talk to if you don’t have a maternity or parental leave policy?
Speak to HR at your firm. Consider asking questions to those developing the policies about remuneration, benefits, full-time/part-time, transition planning, and return to work policy. As the Law Society of British Columbia has issued a “Pregnancy and Parental Leave Policy for Associates” and “Pregnancy and Parental Leave Policy for Partners” to assist firms in developing internal policies on pregnancy and parental leave, consider introducing your firm to these resources. In addition, speaking to other women at the firm who have previously taken leave may be a helpful resource.
Alternatively, if you’re not comfortable approaching HR or colleagues at your firm, there are still other options available to help you understand your rights. You may wish to consider reaching out to organizations such as the Canadian Bar Association, the Law Society of British Columbia or local women’s lawyers’ associations. These groups often provide confidential guidance, resources and sample policies, and you can connect with mentors who have navigated similar situations.
About the Authors
Rebecca Dales is an associate at Harper Grey practicing business and real estate law. Rebecca regularly assists clients with a wide range of real estate, business, and lending matters, including mergers and acquisitions, corporate governance, and real estate transactions involving development, purchasing, selling, and leasing. Rebecca also has extensive experience working with land-based casino and online gambling operators and gaming related suppliers, on licensing and compliance matters.
Elizabeth Collins is an Articling Student at Harper Grey. She earned her Juris Doctor from the University of Victoria in 2025 and holds a Bachelor of Arts from the University of Calgary (2022), with a major in Global Development Studies and a minor in International Indigenous Studies.