Section 208 — Canada Labour Code: Prohibition

Subject to subsection (2), no employer shall require an employee to take a leave of absence from employment because the employee is pregnant. 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. 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. The burden of proving that a pregnant employee is unable to perform an essential function of her job rests with the employer.