Fast facts about Maternity and Parental Leave | Employment Law Show TV – S7 E15

Episode Summary

FAST FACTS ABOUT MATERNITY AND PARENTAL LEAVE, fired while on LTD,  workplace harassment, and more on Season 7 Episode 15 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

Terminated for cause after one mistake

I worked at a construction company for over 5 years. I recently made an error at work which lead to damage to equipment. After owning up to my mistake, I was terminated immediately for cause.

• Terminations for cause: Employers are within their rights to terminate employees without cause for any reason. It is far more difficult to terminate an employee for cause, particularly if no previous misconduct has occurred. Employers have to show disciplinary measures have been taken and that there are no other alternatives available. Many employees who have been terminated for cause have been wrongfully dismissed.

Canadian employee rights

I’ve worked for a Canadian corporation that is a subsidiary of an American company for over 25 years. There has been talk about layoffs and I’m wondering what I would be owed if the Canadian branch shuts down.

• Severance pay after a mass layoff: Employees are still owed severance pay if their company shuts down. Many employees are unaware that the employment laws of the province and country they reside in are applicable, despite the owner of a company. Severance will be based on a number of factors, including their age, position and length of service.
  • Learn more about Severance Pay
    Severance in Alberta
    Severance in B.C
    Severance pay in Ontario

Employee forced to retire

I was let go from my job due to “restructuring” while on long-term disability for over a year.  Do I have any rights to severance? And what happens if the insurance company stops my benefits?

• Returning from disability leave: Employees cannot be penalized or terminated as a result of illness or disability. Employers that do not accommodate an employee’s medical condition have violated their human rights. Employees that are returning from disability leave must be accommodated and able to return to their position. Employers that have no choice but to terminate an employee must offer adequate severance pay.
• Employment issues and disability benefits: Insurance companies often prematurely cut off disability benefits. Claimants do not have to accept a denial of benefits but instead can file a legal claim if they have their doctor’s support. It is important to seek legal advice from a disability lawyer aware of the potential overlap of disability and employment issues.

Fast facts about Maternity and Parental Leave

• Job-protected leave: Employees in most provinces across the country are able to take job-protected leave for up to 18 months. Employees cannot be penalized or terminated while on leave or as a result of pregnancy.
  
• Changing the end date: Employees are within their rights to change the return date of their leave. It is important to provide notice to employers and employees cannot be penalized for doing so. Employees should not that they cannot extend their leave longer than 18 months without company approval.
• A break in employment: Just like other leaves of absence, such as medical leave, maternity and parental leave count towards seniority. It is important to factor in the entirety of an employee’s years of service when calculating severance pay. Employers cannot consider parental or maternity leave as a break in employment.
• Returning from leave: Employees returning from leave must come back to the same position they had prior to leave. Employers cannot impose changes, such as pay cuts or changes in schedules, without an employee’s consent. A major change to the terms of employment can be considered constructive dismissal.
• Penalized due to taking leave: Employers cannot fire or penalize employees for taking maternity or parental leave. Employers could face human rights damages in addition to the obligation for full severance pay.

Negative criticism from the employer

My friend received a negative performance letter from her boss. She’s been going through a rough time personally and agreed to a part of the criticism. Now she’s worried she’ll lose her job.

• Performance reviews and discipline: Employees that do not agree with the criticism and reviews from their employers should voice their dissent in writing. Employers often use performance reviews and plans in order to build a case against an employee. Employees that are struggling to work due to their mental health should provide a doctor’s note to their employer.

Resignation due to workplace harassment

My wife was employed at a company for a little over 3 months and was continually harassed. She was denied a request to change her shifts and eventually resigned. Was there anything else she should have done?

• Harassment and conduct in the workplace: All employees are entitled to work in a healthy and safe work environment free from bullying and harassment. Employers are obligated to investigate claims of harassment and resolve the situation. it is important for employees to document all incidents of harassment in writing and if necessary, recordings. Employees that feel their employers have failed to rectify the situation after voicing complaints have been constructively dismissed.

Promotion or termination ultimatum

I’ve been working as a project coordinator for about the past 10 months. My employer recently informed me that I can either take on a new role completely different from my current position or be terminated with one week of severance. What are my options?

• Offered an ultimatum and termination: Employees do not have to accept a promotion or major change to the terms of their position. Employers that have pressured an employee to resign have effectively terminated the employee. Employees that are let go for refusing a new position are owed their full severance entitlements.

NEXT EPISODE: Employment Law Show S7 E16 – Guide to handling workplace burnout and stress

PREVIOUS EPISODE: Employment Law Show S7 E14 – What to know about “for cause” terminations