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

Employers in Ontario can fire non-unionized workers during maternity or parental leave as long as the following conditions are met:

• The length of the leave exceeds the coverage provided by the province’s Employment Standards Act (ESA)
• The leave or the worker’s pregnancy didn’t play a role in the decision

This is known as a termination without cause. Companies must provide staff with full severance pay and the reasons for their dismissal can’t be discriminatory.

LEARN MORE:
• Guide to Maternity Leave in Ontario
• Understanding Ontario Parental Leave

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.

Since pregnancy is a protected aspect 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.

There are a variety of ways to establish discrimination in this situation, including:

• Your employer has a history of similar biases (i.e. refusing to promote expecting parents)
• The timing of the events leading to the termination seems suspicious
• No one else at the company was fired
• Your boss didn’t mention any issues with your job performance prior to the leave
• You were replaced by someone of lesser or equal value for no other reason

If you believe taking maternity or parental leave played a role in your dismissal, contact an experienced Ontario 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.

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

Fired For Cause?

It’s extremely unlikely that employers in Ontario would be able to fire non-unionized workers for cause while on maternity or parental leave.

Considered the “capital punishment” of employment law, 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.

How is Severance Pay Calculated?

In Ontario, severance for non-unionized employees 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 Ontario 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 Ontario?
• 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 Ontario 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 Human Rights Tribunal of Ontario is responsible for dealing with complaints pertaining to their province’s Human Rights Code (OHRC).

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

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

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

It’s not uncommon for employers in Ontario 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 Ontario, 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 Ontario return to work after a job-protected leave, such as maternity or parental leave, the ESA 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
• What Albertans need to know about changes to their job
• Changes to your job in B.C.: What employees need to know
• 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 Ontario, Alberta, and B.C. 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.