Can employers in Alberta fire workers during maternity or parental leave?

In Alberta, it’s illegal for employers to fire non-unionized workers during the job-protected portion of their maternity leave or parental leave.

Under the province’s Employment Standards Code (ESC), employees who have been with their company for at least 90 days are entitled to 16 weeks of unpaid maternity leave.

Staff can also access an unpaid, job-protected period of parental leave, which can be as much as 37 weeks after the last day of maternity leave.

However, in order to be entitled to either leave, employees must provide six weeks’ written notice of the date that the leave will begin on and four weeks’ written notice of a return to work.

If you take maternity or parental leave longer than what’s covered by the ESC, your boss might be able to fire you — as long as the leave or your pregnancy didn’t play a role in the decision.

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

This is known as a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

Since pregnancy is a protected ground under provincial and federal human rights legislation, it would be discriminatory for your employer to fire you for pregnancy-related reasons (i.e. taking maternity or parental leave) — making the termination illegal.

If you believe taking maternity or parental leave played a role in your dismissal, contact an experienced Alberta employment lawyer at Samfiru Tumarkin LLP immediately.

We can review your situation, enforce your rights, and help you secure the compensation that you are owed.

SEE ALSO
• Can I be fired after returning from sick leave in Alberta?
• Can employers in Alberta fire staff for taking stress leave?
• Fired in Alberta for taking a vacation: Employee rights

Fired For Cause?

It’s extremely unlikely that employers in Alberta would be able to fire non-unionized workers for cause while on maternity or parental leave — meaning no severance package or access to Employment Insurance benefits.

Considered the harshest punishment in a company’s arsenal, it’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify terminating you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be acceptable, which is very difficult to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Things to never do before seeking legal counsel

How is severance pay calculated?

Severance for non-unionized employees in Alberta can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

However, there are some situations where non-unionized workers in Alberta could be owed more than 24 months of severance pay.

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Should I negotiate my own severance package in Alberta?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

Am I owed more severance if I’m fired during maternity or parental leave?

It’s unlikely that non-unionized employees in Alberta would be entitled to a larger severance package if they are fired during maternity or parental leave.

However, workers could be owed additional compensation (i.e. human rights damages) for the pregnancy-based discrimination that they experienced at the end of their employment.

Filing a human rights complaint

If you lose your job during a maternity or parental leave, or unwanted changes are made to your role after the leave, reach out to our firm. We can determine if you have grounds for a human rights complaint.

The Alberta Human Rights Commission is responsible for dealing with complaints pertaining to their province’s Human Rights Act.

Successful complaints can result in compensation for individuals who experienced discrimination in the workplace or at the end of their employment.

SEE ALSO
• Alberta admin assistant awarded nearly $40K in discrimination case
• Former City of Nanaimo CFO awarded more than $600K in discrimination case
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal

My employer is pressuring me to sign my severance offer immediately, what should I do?

In Alberta, it’s not uncommon for employers to pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive an offer from your boss, don’t sign anything until you speak with a member of our team.

The company can’t legally force you to accept it before leaving a termination meeting or even a few days after it was provided to you.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. If you are fired without cause in Alberta, your employer must provide you the minimum amount of severance pay that you are owed under provincial or federal employment standards legislation.

If your boss refuses to provide you any severance because you turned down their offer or tried to negotiate more compensation, it’s very likely that you have grounds for a wrongful dismissal claim.

Can my employer make major changes to my job after a maternity or parental leave?

When non-unionized employees in Alberta return to work after a job-protected leave, such as maternity or parental leave, the ESC requires companies to either:

• Reinstate the worker into the same role they had before the leave
• Provide the individual with an alternate role that is comparable to their pre-leave position (at least the same level of pay and other benefits)

What your employer can’t do after you return from maternity or parental leave is make substantial changes to the terms of your employment without your consent.

Major modifications, such as a demotion, pay cut, or workload increase, are illegal in the province.

If unwanted adjustments are made to your job after you return from maternity or parental leave, or for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can determine if you have grounds for a human rights complaint and a constructive dismissal claim, which would allow you to resign and pursue full severance pay.

ADDITIONAL RESOURCES
• Changes to your job in B.C.: What employees need to know
• What Ontarians need to know about changes to their job
• Employment Law Show: What to know about changes to your job

Can employers pressure staff to quit after a maternity or parental leave?

No matter how upset your employer is that you took maternity or parental leave, the company can’t pressure or force you to resign.

If your boss is encouraging you to step down following either job-protected leave, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before seeking legal counsel — you might have grounds for a constructive dismissal claim and a human rights complaint.

Already resigned?

If you were forced to quit your job after returning from maternity or parental leave, or for any reason, reach out to our firm as soon as possible.

In addition to severance pay, we can help you obtain compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Alberta, B.C., and Ontario have secured favourable outcomes for tens of thousands of non-unionized employees.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.