Employment Law Show: Ontario – S10 E125

Episode Summary

Can you be terminated while on maternity leave? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers.

Listen to the Episode

Show Notes

• Returning to work from disability leave: Employees returning from medical leave cannot be penalized or terminated by their employer. Employers have an obligation to accept employees returning from leave to their position and if it’s not possible a similar or comparable position. In the event no position is available, a termination without cause is possible and severance must be paid.
• Employment laws preventing misconduct by employers: Unfortunately, employment laws cannot force an employer to behave in a particular manner. Legally, if an employer acts in an illegal manner or breaks employment laws, employees that are affected can be compensated.
• Terminated while on maternity leave: Employers cannot terminate employees as a result of pregnancy or taking maternity or parental leave. Termination or penalizing employees in this scenario are potential human rights violations. Maternity leave is considered job-protected leave. Employees should speak to an employment lawyer as soon as possible.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job, used successfully by nearly 2 million Canadians. 
• Watch our TV Shows: Get further clarity on your rights by watching our popular TV show episodes.