Can you be fired while pregnant in Canada? Yes, but your employer can’t fire you because you’re pregnant, need pregnancy-related accommodation or plan to take maternity leave. In Ontario, Alberta and British Columbia, pregnancy discrimination is prohibited by law.

An employer can still terminate a pregnant employee for a legitimate reason unrelated to pregnancy. However, if pregnancy influenced the decision, the termination may be discriminatory. You could also be owed substantial severance pay, even if the dismissal itself was lawful.

⚠️ Fired while pregnant? Don’t sign a severance release before understanding your rights. Pregnancy can affect how much severance you’re owed, and a discriminatory dismissal may entitle you to additional compensation.

Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner

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Can an Employer Fire You While You Are Pregnant?

Yes, but not because you’re pregnant. Pregnancy doesn’t prevent every termination. An employer can dismiss a pregnant employee for a legitimate reason that has nothing to do with pregnancy, maternity leave or pregnancy-related needs.

Examples include:

  • A genuine company-wide restructuring.
  • A legitimate elimination of your position.
  • A business closure.
  • Serious misconduct unrelated to pregnancy.

Even when a termination is lawful, your employer may still owe you severance pay.

The critical question is whether your pregnancy played any role in why you were fired.

💡 Important: Pregnancy doesn’t have to be the only reason for a dismissal to be discriminatory. If it influenced the employer’s decision, that may be enough to establish a human rights violation.

When Is Firing a Pregnant Employee Illegal?

A termination can be discriminatory if your employer fires you because you’re pregnant, need medical accommodation or plan to take maternity leave.

Warning signs include:

  • You’re fired shortly after telling your employer you’re pregnant.
  • Your employer complains about your upcoming maternity leave.
  • Your duties are removed after you announce your pregnancy.
  • Your employer criticizes pregnancy-related medical appointments or absences.
  • You’re denied reasonable accommodation and then fired because you can’t perform certain duties.
  • You’re selected for layoff because another employee won’t be taking maternity leave.

What if your employer says it was a restructuring?

A genuine restructuring can affect a pregnant employee. But calling a dismissal a restructuring doesn’t automatically prove pregnancy had nothing to do with it.

Consider whether your position was actually eliminated, whether another employee replaced you and whether managers made comments about your pregnancy or maternity leave.

Timing alone doesn’t prove discrimination, but it can be important evidence.

Can you be fired while pregnant during probation?

Not because of pregnancy. Probation doesn’t remove your protection against discrimination.

An employer can terminate a probationary employee for a legitimate reason unrelated to pregnancy, but it can’t use probation as an excuse for discrimination.

Read more about probation periods in Canada.

What if Pregnancy Is Affecting Your Ability to Work?

Your employer must consider reasonable accommodation for pregnancy-related needs. It can’t simply treat legitimate medical restrictions as poor performance or misconduct.

Pregnancy-related accommodation may involve:

  • Modified duties or reduced physical demands.
  • Changes to working hours or schedules.
  • Time for medical appointments.
  • Temporary reassignment to suitable work.
  • Medical leave when necessary.

The appropriate accommodation depends on your medical restrictions, your job and the employer’s legal obligations, including the limit of undue hardship.

See our guide to the duty to accommodate.

Can your employer force you to start maternity leave early?

An employer can’t require you to stop working simply because you’re pregnant. Any decision involving medical restrictions, workplace safety or protected leave must comply with the applicable law.

If you can continue working with reasonable accommodation, don’t resign or agree to start leave early without understanding your rights.

Can You Be Fired Before or During Maternity Leave?

Your employer can’t fire you because you plan to take maternity leave or because you’re taking protected leave.

Maternity leave is job-protected leave. It’s separate from receiving Employment Insurance maternity benefits.

Fired before maternity leave starts

Being dismissed shortly before maternity leave isn’t automatically illegal. However, the employer can’t make the decision because you’re pregnant or about to take leave.

Keep communications about your expected leave date, the employer’s reaction and the reason given for termination.

Fired while on maternity leave

Your employer can’t terminate you because you’re on protected maternity or parental leave.

Employment may still lawfully end in limited circumstances unrelated to the leave, such as a genuine business closure or qualifying restructuring.

Learn more about maternity leave in Canada and returning to work after maternity leave.

Can You Get More Severance if You’re Fired While Pregnant?

Yes. Pregnancy can increase the severance compensation you’re owed if it makes finding a comparable job more difficult.

When assessing common-law reasonable notice, courts consider factors including:

  • Your age.
  • Your position and responsibilities.
  • Your length of service.
  • The availability of comparable employment.
  • Other circumstances affecting your ability to find a new job, which can include pregnancy.

Pregnancy isn’t an automatic severance multiplier. However, the difficulties of finding comparable employment during pregnancy may justify a longer reasonable-notice period.

In appropriate cases, full severance can reach up to 24 months’ pay, depending on the employee’s circumstances and applicable law.

💡 Short service doesn’t always mean small severance. In an Ontario court decision, a pregnant employee who had worked for just 4.5 months was awarded five months’ pay in lieu of notice.

Before signing a release, have your severance package reviewed. An employer’s initial offer may not reflect your full legal entitlement.

Ontario Court Case: Pregnant Employee Awarded Five Months’ Severance After 4.5 Months of Work

In Nahum v. Honeycomb Hospitality Inc. (2021), an Ontario court considered whether pregnancy should affect the severance pay owed to a dismissed employee.

The employee was 28 years old and five months pregnant when she was fired without cause after working for just 4.5 months.

She had been employed as Director of People and Culture, earning $80,000 annually plus benefits. Her employment contract’s termination provisions were unenforceable.

The employee sought eight months’ notice. The employer argued that two months was generous.

The Ontario Superior Court awarded five months’ reasonable notice, recognizing that pregnancy could make finding comparable employment more difficult.

The decision resulted in damages of approximately $34,195 after accounting for amounts already paid. The employer appealed, but the five-month notice award was upheld by the Divisional Court in November 2021.

The court didn’t need to find that the employee had been fired because she was pregnant. Pregnancy was relevant to calculating the notice she was owed following an otherwise without-cause dismissal.

💡 What this means for employees: Pregnancy can be an important factor in calculating severance, even if the employer had a lawful reason for ending the employment relationship. The five-month award in this case isn’t an automatic entitlement for every pregnant employee.

Can You Receive Additional Compensation for Pregnancy Discrimination?

Yes. If pregnancy contributed to your dismissal, you may have a discrimination claim in addition to your severance rights.

Depending on your circumstances and the applicable law, remedies can include:

  • Human rights compensation for injury to dignity.
  • Compensation for income lost because of discrimination.
  • Reinstatement or other employment-related remedies where available.
  • Wrongful dismissal damages and severance pay, where applicable.

These are two separate legal issues:

  • Severance pay: What you’re owed because your employment ended, taking into account factors that can include pregnancy.
  • Pregnancy discrimination: Whether your employer improperly used your pregnancy, accommodation needs or maternity leave as a reason to dismiss you.

An employee may have a severance claim without a discrimination claim. In other cases, both issues arise from the same termination.

What Should You Do if You’re Fired While Pregnant?

If your employer terminates you during pregnancy, take these steps:

  1. Keep your termination letter: Save the explanation the employer gave for ending your employment.
  2. Save pregnancy-related communications: Keep emails and messages about your pregnancy, accommodation requests and maternity leave plans.
  3. Document workplace comments: Record who said what about your pregnancy or upcoming leave.
  4. Keep performance records: Save positive reviews and other evidence of your work history.
  5. Review your severance offer: Don’t assume your employer has calculated your full entitlement.
  6. Speak with an employment lawyer: Find out whether the dismissal was discriminatory and whether pregnancy affects your compensation.

⚠️ Don’t sign away your rights. A termination release may affect both wrongful dismissal and human rights claims. Have it reviewed before signing.

Fired While Pregnant: Your Rights in Ontario, Alberta and BC

Pregnancy discrimination is prohibited across Canada, but employment standards and human rights procedures differ by jurisdiction.

Ontario

Ontario employers can’t fire an employee because she’s pregnant, plans to take pregnancy or parental leave, or requires pregnancy-related accommodation. Human rights protections apply even during probation.

Learn more about your rights under Ontario employment law.

Alberta

Alberta employers can’t discriminate against an employee because of pregnancy or childbirth. Protected leave and human rights obligations may apply, and employees who are lawfully dismissed may still be owed termination compensation.

Read more about Alberta employment law.

British Columbia

BC employers can’t terminate an employee or negatively change employment conditions because of pregnancy or protected maternity leave. Employees also have rights involving accommodation and compensation after dismissal.

See our BC employment law guide.

Frequently Asked Questions About Being Fired While Pregnant

Can my employer fire me after I announce my pregnancy?

An employer can terminate you for a legitimate reason unrelated to pregnancy, but can’t fire you because you’re pregnant. A dismissal shortly after an announcement deserves careful review.

Can you be laid off while pregnant?

Yes, if the layoff is lawful and genuinely unrelated to pregnancy. Your employer can’t select you for layoff because you’re pregnant or planning maternity leave.

Can you be fired for missing work because of pregnancy?

Your employer can’t simply treat pregnancy-related medical needs as misconduct. Accommodation and protected-leave rights may apply, depending on the circumstances.

Can you get more severance if you’re pregnant?

Yes. Pregnancy can affect the reasonable-notice period when it makes finding comparable employment more difficult. In Nahum v. Honeycomb Hospitality Inc., an Ontario employee received five months’ notice after just 4.5 months of work.

Can you receive severance and human rights compensation?

Yes. Depending on the circumstances, you may have both a wrongful dismissal claim and a pregnancy discrimination claim. The available remedies and compensation depend on the applicable law.

Do you have to tell a new employer you’re pregnant?

You don’t ordinarily have to disclose pregnancy when applying for or accepting a job. If you require workplace accommodation, you may need to provide relevant information about your restrictions.

Can you be fired while pregnant during probation?

Your employer can’t fire you because of pregnancy, even during probation. It may still be able to terminate employment for a legitimate, unrelated reason, subject to applicable law.

⚠️ Unionized employees: Pregnancy discrimination, accommodation and termination disputes are normally addressed through your union and the grievance process. Our employment law team assists non-unionized employees.

Get Legal Help if You Were Fired While Pregnant

Being pregnant doesn’t prevent every termination. But your employer can’t use pregnancy, maternity leave or pregnancy-related needs as a reason to end your employment.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia challenge pregnancy discrimination, improper terminations and inadequate severance offers.

Our team can review why you were dismissed, determine whether pregnancy affects your severance entitlement and pursue the compensation you’re legally owed.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.

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