Understanding maternity and parental leave

Welcoming a new family member is an exciting time, but it can also bring concerns about employment status and career progression. In Canada, maternity and parental leave are legally protected under provincial or federal legislation, ensuring that employees can take time off to care for their newborn or newly adopted child without fear of losing their job.

Learn more about maternity and parental leave rights in your region:

Ontario  Alberta  British Columbia

WATCH: Employment lawyer Lior Samfiru discusses maternity leave rights and employer obligations on a season 8 episode of the Employment Law Show.

Protection against discrimination

While it is legal for an employer to terminate a pregnant employee or one on maternity leave, the termination can’t be based on pregnancy or maternity leave. Discrimination can be subtle, and you may not have direct proof. However, there are several factors or behaviours that can indicate the true reason for termination:

  • A pattern of terminating pregnant employees
  • Terminating a pregnant employee for performance issues not applied to other employees
  • An employee on maternity leave being the only one terminated out of a large staff pool
  • Terminating a pregnant employee for lack of qualifications, while the replacement lacks the same qualifications
  • Excluding an employee on maternity leave from organizational restructuring opportunities

If you believe you have been discriminated against due to pregnancy or maternity leave, it’s important to contact an employment lawyer at Samfiru Tumarkin LLP to understand your rights and entitlements.

Need help with maternity or parental leave issues?

The employment lawyers at Samfiru Tumarkin LLP are here to help you navigate the complexities of maternity and parental leave. With our expertise in employment law, we can assist you in ensuring your rights are protected and you receive the entitlements you deserve.

From Ontario to Alberta and B.C., our legal team is ready to support you. If you’re facing issues related to maternity or parental leave, contact us online or at 1-855-821-5900 for the guidance you need and the compensation you deserve.

Choose Samfiru Tumarkin LLP

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Know your rights!

Being dismissed from your job during pregnancy or while on maternity leave may constitute a human rights violation. Our experienced maternity & parental leave lawyers in Ontario and B.C. are here to help.

Get Help Now

More about maternity leave

Explore some of our past blogs and episodes from the Employment Law Show related to maternity leave in Canada.

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