History — 208

Prohibition 208 (1) Subject to subsection (2), no employer shall require an employee to take a leave of absence from employment because the employee is pregnant. Exception (2) An employer may require a pregnant employee to take a leave of absence from employment if the employee is unable to perform an essential function of her job and no appropriate alternative job is available for that employee. Length of leave (3) A pregnant employee who is unable to perform an essential function of her job and for whom no appropriate alternative job is available may be required to take a leave of absence from employment only for such time as she is unable to perform that essential function. Burden of proof (4) The burden of proving that a pregnant employee is unable to perform an essential function of her job rests with the employer. R.S., 1985, c. L-2, s. 208; R.S., 1985, c. 9 (1st Supp.), s. 10