Maternity Leave: What You Need to Know | Employment Law Show TV – S4 E6

Episode Summary

MATERNITY AND PARENTAL LEAVE RIGHTS, severance, marijuana at work, doubled workload, and more on Season 4 Episode 6 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Severance pay for recruited employees

After working 11 years at a company, I was asked by a large retailer to work for them. I accepted the offer. 2 years later I was let go by the larger retailer when a new manager took over. I was offered 3 weeks’ severance based only on my last 2 years of work. Is that a fair severance package?

The company is allowed to let you go. However, you were induced to come to work for them, and they recruited you away from another position. This is referred to as “inducement”. In this case, you’re probably owed enhanced severance that recognizes the time with your previous company. For the purposes of calculating severance, you’re not really a two-year employee, you’re actually considered a twelve-year employee. You’re probably owed a years’ severance, maybe even more than that, even though you worked for the company for two years.

Segment starts at 2:04

CALL: Severance offer revoked by employer

A relative was fired from a charitable organization and offered a small amount of severance pay. When he asked for more severance, the severance offer was withdrawn and he was provided with nothing. What should he do next?

Even if you work for a charity or a not-for-profit, the severance rules are the same. Your employer cannot withdraw a severance offer or decide not to pay you severance if you ask for the proper amount. That’s illegal. It also means you were wrongfully dismissed. You’re actually owed your full severance entitlements, regardless of what your employer wants to do.

Segment starts at 5:33

Terminated for cause for not accepting changes to your job

I was just terminated for cause after an argument with my manager. They wanted me to work on a project with a colleague, but I told them it would more than double my workload. They said they had no choice but to fire me for cause due to “insubordination”. After 3 years with the company, shouldn’t I get a second chance?

It is very difficult to terminate an employee for cause and without severance. You can refer to Pocket Employment Lawyer to find out if you’ve been wrongfully dismissed, and according to that, you are still owed severance.

Segment starts at 10:24

Maternity Leave & Parental Leave: What You Need to Know

1️⃣ Who qualifies for maternity or parental leave?

A parent, an expecting parent, or someone who is adopting a child, qualifies for time off work for maternity or parental leave in Canada. You have to have worked for the company for three months before you can take the leave of absence. And parental and maternity leave is a protected leave. You cannot be let go or punished for taking a leave.

Segment starts at 13:51

2️⃣ How long can a maternity leave or parental leave last?

A maternity or parental leave can last up to 18 months. You can be off work for 18 months and your job is protected. If you decide to take 20 months, your employer is not obligated to keep your job for you after 18 months.

Segment starts at 15:12

3️⃣ Can you change the end date of your leave?

If you decide to take 12 months, but change your mind and want to take 18 months, you have the right to do so. You have to provide your employer notice, so give the employer notice of your new return date as soon as possible.

Segment starts at 16:06

4️⃣ Can you be let go because you need to take a leave?

You cannot be let go if you have to take a leave. Often employers will try to come up with a different reason to let an employee go if they are on a leave, but they still can’t do that. It is illegal. You cannot be punished, demoted, or let go for taking a leave.

Segment starts at 17:18

5️⃣ What are an employee’s rights at the end of the maternity or parental leave?

An employer cannot decide to keep the replacement of the employee while they are on a leave. That is illegal. You have a right to the exact same job – and the exact same pay – that you had before taking the maternity leave when you return. And if compensation for that role increased while you were away, they have to provide you with the increased salary. If your job does not exist after the leave for legitimate reasons, then the employer has to find you a similar job.

Segment starts at 18:32

CALL: Employer’s duty to accomodate

After spending the last few years on a disability leave, I now feel ready to return to my job in I.T. Unfortunately, the company has a habit of firing people right away after they come back. I’ve been there 16 years. What are my rights? Does the employer have a duty to accommodate me in the workplace?

If you’ve been off work, and you’re cleared to return to work, you need to provide your employer with a doctor’s note confirming that you’re able to return to work. Once you’ve done that, your employer has to make all efforts to take you back. An employer has a duty to accommodate an employee’s medical condition, even if doing so proves difficult.

They cannot let you go without trying to find a position for you. The only time they can let you go is if it has nothing to do with your disability leave. If they did let you go because you took a medical leave, that’s a human rights violation.

Segment starts at 20:22

CALL: Company forces employee to relocate or be fired

My wife is due to give birth in a few weeks. She just received a letter from work asking employees to choose between a relocation to a new office or a severance package. The company said they’re only going to pay one week per year in severance. She’s worked there for 14 years.

An employer can’t actually impose a relocation on an employee. That would be a constructive dismissal. If she doesn’t accept the relocation, it’s important that they give her the right amount of severance. Based on your wife’s situation, she would be owed 12-15 months’ pay.

Segment starts at 24:00

Employee fired for bringing marijuana to work

I was fired from my job after HR learned that I brought marijuana to work in a travel bag. I never planned to smoke it at work and have never been high at the office. I also have a clean discipline record. Can they just let me go like that? Can I be fired for bringing marijuana to work?

No, they can’t let you go for that reason. For a company to be able to prevent employees from bringing marijuana to work, they would have to have a written policy communicated to employees that says you cannot bring marijuana to work. Even if they did have such a policy, they would not be justified in letting you go for cause. You could possibly be disciplined for bringing marijuana to work, but they can’t let you go for that reason.

Segment starts at 26:01

Next Episode: Employment Law Show S4 E7 – Termination Without Cause

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