Employment lawyer talks rights for employees on maternity leave

Interview Summary

For employees who have recently become parents, returning to the workplace can be a stressful and often unpredictable time. Childcare obligations as well as a changing workplace can pose many potential problems. What should employees be aware of in terms of their rights and entitlements as they navigate this period?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins Matt Skube on CTV Ottawa to answer this question and more on employment rights.

Interview Notes

• Notice given to employer upon return from parental or maternity leave: Under the ESA in Ontario are job-protected leaves. Employees who are ready to return to work from parental leave must provide 4 weeks of notice to their employer. Employers and employees can also agree upon an earlier return period however it is not a requirement.
• Employer obligations to employees returning from parental leave: Employers are legally obligated to ensure that an employee returning from maternity or parental leave is returning to the same position they had prior to taking their leave. Employers cannot change any fundamental terms of employment without an employee’s consent or terminate an employee. If a job no longer exists, employers are obligated to return an employee to a comparable position.
• Terminating an employee while on maternity leave: Employees who have been terminated while on parental leave would not only be entitled to their full severance entitlements but possibly additional damages as there are potential human rights violations.