Balancing the demands of a growing family is challenging enough without the added stress of unexpected job loss. If you are terminated while on maternity or parental leave, it is important to understand your legal rights and seek legal advice before accepting any severance offer.
Protections Under Ontario Law
In Ontario, maternity and parental leave are protected under the Employment Standards Act, 2000 (ESA) and the Human Rights Code.
Eligible employees are entitled to:
- Pregnancy Leave: Up to 17 weeks of unpaid leave
- Parental Leave: Up to 61 weeks of unpaid leave
During these leaves, the law provides important protections:
- Protection from Reprisal: Employers are prohibited from dismissing, disciplining, or penalizing an employee for taking or planning to take maternity or parental leave.
- Right to Reinstatement: Employees must be reinstated to their original position or a comparable role, with the same pay, benefits, and seniority.
- Continuation of Benefits: Participation in benefit plans must continue during the leave, unless the employee opts out.
- Freedom from Discrimination: Pregnancy-related discrimination is considered sex discrimination and is strictly prohibited.
In short, an employer cannot lawfully terminate or disadvantage an employee because of maternity or parental leave.
Can an Employer Terminate Employment During Leave?
Yes—termination during maternity or parental leave is not automatically unlawful. However, the employer must establish that the dismissal is entirely unrelated to the leave (for example, due to restructuring or legitimate performance concerns).
Even in such cases, the employer must provide appropriate notice of termination or pay in lieu, in accordance with the ESA and, potentially, the common law.
Importantly, employers may attempt to characterize a termination as unrelated to leave when, in fact, it is not. These situations require careful legal assessment.
What Should You Do?
If you believe your termination may be connected to your maternity or parental leave, you may have:
- A claim for wrongful dismissal; and/or
- A claim for discrimination under the Human Rights Code
Before signing any severance package or release, it is critical to obtain legal advice. Accepting an offer without review may limit or eliminate your ability to pursue further claims. Contact our team of expert employment lawyers today.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
