Yes. You can be fired while pregnant in Canada if the employer has a legitimate reason completely unrelated to your pregnancy. But your employer can’t fire you because you are pregnant, because you need pregnancy-related accommodation, or because you plan to take maternity leave.
Pregnancy does not make an employee immune from every termination. A genuine restructuring, business closure or other lawful decision can still affect a pregnant employee. The critical question is whether pregnancy played any role in why your employment ended.
If you were fired while pregnant, don’t sign a release until both the reason for the termination and your full severance rights have been reviewed. A discriminatory termination can involve compensation beyond ordinary severance.
On This Page:
- 1. Can You Be Fired While Pregnant?
- 2. When Is the Termination Illegal?
- 3. Pregnancy & Accommodation at Work
- 4. Fired Before or During Maternity Leave
- 5. Severance & Compensation
- 6. What to Do If You’re Fired
Can an Employer Fire You While You Are Pregnant?
Yes, but not because you are pregnant.
A pregnant employee can still be terminated for a genuine reason unrelated to pregnancy, such as:
- A legitimate company-wide restructuring
- A genuine position elimination
- A business closure
- Serious misconduct that has nothing to do with pregnancy
- Another lawful reason unrelated to pregnancy, maternity leave or accommodation needs
The employer still has to provide proper termination compensation unless it has a valid legal basis to deny it.
Pregnancy becomes legally significant when it is a reason—or part of the reason—for the dismissal.
Does pregnancy have to be the only reason you were fired?
No. Pregnancy does not have to be the only reason for a termination to be discriminatory.
An employer can’t avoid a discrimination claim simply by pointing to another factor if pregnancy also influenced the decision.
For example, if an employer was already considering cost reductions but chose a particular employee because she was pregnant or expected to take maternity leave, the pregnancy issue can still be legally significant.
When Is Firing a Pregnant Employee Illegal?
A termination can be illegal when pregnancy, pregnancy-related limitations or an expected maternity leave contributed to the decision.
Warning signs can include an employer:
- Firing you shortly after you disclose your pregnancy
- Complaining about the inconvenience of your upcoming maternity leave
- Asking whether you intend to return after having the baby and terminating you soon afterward
- Removing opportunities because you are pregnant
- Criticizing pregnancy-related medical appointments or absences
- Refusing reasonable pregnancy-related accommodation and then firing you because you cannot perform the work without it
- Choosing you for termination because another employee will not be taking maternity leave
What if your employer says the termination was a restructuring?
A genuine restructuring can affect a pregnant employee, but calling a dismissal a “restructuring” does not automatically prove pregnancy had nothing to do with it.
Look at what actually happened.
For example:
- Was your position genuinely eliminated?
- Was someone else immediately hired to perform substantially the same job?
- Were other comparable employees retained?
- Did managers make comments about your pregnancy or upcoming leave?
- How soon after announcing your pregnancy were you terminated?
Timing alone does not prove discrimination, but it can be important evidence when combined with other facts.
Can you be fired during probation because you’re pregnant?
No. Probation does not give an employer permission to discriminate because of pregnancy.
A probationary employee can still be terminated for a legitimate reason unrelated to pregnancy, subject to her contract and applicable employment law.
But being new to the job does not remove human rights protection. See our guide to probation periods in Canada for the broader termination rules.
What If Pregnancy Is Affecting Your Ability to Work?
Your employer must consider reasonable accommodation for pregnancy-related needs rather than simply treating them as a performance or attendance problem.
Pregnancy can create temporary medical restrictions involving:
- Heavy lifting
- Prolonged standing
- Exposure to workplace hazards
- Long or overnight shifts
- Travel
- Pregnancy-related medical appointments
- Other duties your healthcare provider says should temporarily be avoided
Depending on the situation, accommodation can include modified duties, schedule changes, temporary reassignment or medical leave.
Read our guide to the duty to accommodate for the broader rules.
Can your employer force you onto maternity leave early?
Your employer generally can’t force you to stop working simply because you are pregnant.
Pregnancy by itself does not mean you are unable to perform your job.
Federally regulated employees have an express protection under the Canada Labour Code: an employer cannot require a pregnant employee to take leave unless she is unable to perform an essential job function and no appropriate alternative work is available.
For provincially regulated employees, human rights and employment standards protections also restrict employers from sidelining workers simply because they are pregnant.
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 properly take protected maternity leave.
Job-protected maternity leave exists separately from EI maternity benefits.
If you qualify for protected leave, the employer cannot punish you for exercising that right.
See our Maternity Leave Canada guide for leave eligibility and length.
Can you be fired just before maternity leave starts?
A termination immediately before maternity leave is not automatically illegal, but the employer still can’t make the decision because you are pregnant or about to take leave.
If the employer knew about your pregnancy, knew your planned leave date and terminated you shortly before the leave began, preserve all communications about the timing and reason for dismissal.
Can you be fired while already on maternity leave?
An employer can’t terminate you because you are on protected maternity or parental leave.
There are limited situations where employment can lawfully end for reasons entirely unrelated to the leave, such as a genuine business closure or other legitimate restructuring permitted by the applicable law.
If your job changes or disappears while you are away, see our guide to returning to work after maternity leave.
What Severance Are You Owed If You’re Fired While Pregnant?
If your employer terminates you without cause, pregnancy does not reduce your right to proper termination compensation.
Your full severance can depend on:
- Your employment contract
- Your age
- Your position
- Your length of service
- The availability of similar work
Pregnancy can also affect how difficult it is to find comparable replacement employment, which can be relevant to the overall severance analysis in an appropriate case.
If you are terminated, don’t sign a release before having your full severance package reviewed—you may be owed as much as 24 months’ pay.
Can you get additional compensation for pregnancy discrimination?
Yes. If pregnancy contributed to the dismissal, additional remedies can be available beyond ordinary severance.
Depending on where you work and what happened, those remedies can include:
- Human rights compensation
- Lost-income compensation
- Reinstatement or employment-standards remedies in some cases
- Compensation for injury to dignity caused by discriminatory treatment
- Wrongful dismissal damages and severance where applicable
A termination can therefore involve both a severance issue and a discrimination issue.
What Should You Do If You’re Fired While Pregnant?
Keep the evidence and have the termination reviewed before signing anything.
- Keep the termination letter. Save the reason the employer gave for ending your employment.
- Save pregnancy-related communications. Keep emails, texts and messages about your pregnancy, medical restrictions and planned maternity leave.
- Write down important comments. Record who said what about your pregnancy or leave and when it was said.
- Keep performance records. Positive reviews can be important if performance problems suddenly appear after you disclose your pregnancy.
- Save accommodation requests. Keep medical restrictions and your employer’s responses.
- Don’t sign a release. First determine both your severance and discrimination rights.
Pregnancy Termination Rights Across Canada
Pregnancy is protected across Canada, although the specific employment standards and human rights procedures depend on where you work.
- Ontario: An employer can’t penalize an employee because she is eligible for, plans to take or takes pregnancy or parental leave.
- Alberta: Employers can’t discriminate against, lay off, terminate or require an employee to resign because of pregnancy or childbirth.
- British Columbia: Employers can’t terminate an employee or negatively change her employment conditions because of pregnancy or protected leave.
- Federally regulated workplaces: The Canada Labour Code expressly prohibits dismissal, suspension, layoff, demotion or discipline because an employee is pregnant or intends to take protected leave.
Related legal decisions
In Nahum v. Honeycomb Hospitality, Ontario Superior Court found that pregnancy should be considered when determining severance for workers.
Fired While Pregnant FAQs
Can an employer fire you after you announce your pregnancy?
Yes, but only for a legitimate reason unrelated to pregnancy. A dismissal shortly after the announcement deserves careful review, particularly if there were pregnancy-related comments or sudden changes in how you were treated.
Can you be laid off while pregnant?
A pregnant employee can be affected by a genuine layoff or restructuring that has nothing to do with pregnancy. Your employer cannot select you for layoff because you are pregnant or because you will be taking maternity leave.
Can you be fired for missing work because of pregnancy?
Your employer can’t simply treat legitimate pregnancy-related medical needs as ordinary misconduct or absenteeism. Protected leave and accommodation obligations can apply depending on the reason for the absence and where you work.
Do you have to tell a new employer you’re pregnant?
You don’t generally have to volunteer that you are pregnant simply because you apply for or accept a job. If pregnancy-related restrictions affect your ability to safely perform the work, you may need to raise those restrictions when accommodation becomes necessary.
Can pregnancy increase your severance?
It can affect the severance analysis where pregnancy makes it more difficult to obtain comparable employment during the reasonable-notice period. The effect depends on the specific circumstances; pregnancy is not an automatic severance multiplier.
Get Help If You Were Fired While Pregnant
Your employer can make legitimate business decisions while you are pregnant. It can’t make your pregnancy a reason to end your employment.
Samfiru Tumarkin LLP helps non-unionized employees challenge pregnancy discrimination, denied accommodation, improper maternity-leave terminations and inadequate severance offers.
If you were fired while pregnant, our employment lawyers can determine whether pregnancy improperly influenced the decision and secure the full severance pay and compensation you are legally entitled to receive.