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  • Conner Lantz
    Keymaster
    Post count: 4836

    Should maternity leave be included when recognizing length of service? We are based in BC.

    Conner Lantz
    Keymaster
    Post count: 4836

    Absolutely yes. ESA-required maternity/parental leave counts toward service time at least for purposes of ESA rights and benefits accrual. That same basic rule applies not just in BC but every jurisdiction, although there may be minor differences from province to province. Here’s the relevant language from the BC ESA statute:
    Employment deemed continuous while employee on leave or jury duty
    56  (1) The services of an employee who is on leave under this Part or is attending court as a juror are deemed to be continuous for the purposes of
    (a) calculating annual vacation entitlement and entitlement under sections 63 and 64, and
    (b) any pension, medical or other plan beneficial to the employee.
    (2) In the following circumstances, the employer must continue to make payments to a pension, medical or other plan beneficial to an employee as though the employee were not on leave or attending court as a juror:
    (a) if the employer pays the total cost of the plan;
    (b) if both the employer and the employee pay the cost of the plan and the employee chooses to continue to pay his or her share of the cost.
    (3) The employee is entitled to all increases in wages and benefits the employee would have been entitled to had the leave not been taken or the attendance as a juror not been required.
    (4) Subsection (1) does not apply if the employee has, without the employer’s consent, taken a longer leave than is allowed under this Part.
    (5) Subsection (2) does not apply to an employee on leave under section 52.2.

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