Losing Your Job While on Maternity Leave in BC: Understanding Your Rights and Legal Remedies

Starting a family is supposed to be an exciting and joyful time, but for some employees in British Columbia, maternity leave can be overshadowed by the stress and uncertainty of losing their job. Even though there are clear legal protections that prohibit employers from terminating employees because they are pregnant or taking maternity or parental leave, this type of wrongful dismissal unfortunately still occurs.

As highlighted in this CTV News article, a new study has found that a significant number of employees lose their jobs while on maternity leave.

Maternity and Parental Leave Protections Under BC Law

In British Columbia, the Employment Standards Act (the “ESA”) provides employees with the right to take unpaid maternity leave of up to 17 consecutive weeks, as well as up to 61 additional weeks of parental leave. These leaves are job-protected, which means your employer must allow you to return to your same position or a comparable one when you come back.

Section 54 of the ESA specifically prohibits employers from terminating an employee or changing a condition of employment without the employee’s written consent because the employee is pregnant or has taken, or plans to take, maternity or parental leave.

The law is clear, dismissing an employee because of pregnancy or maternity leave is considered discrimination and is strictly prohibited. Indeed, the ESA is not the only piece of legislation in British Columbia to protect the rights of such employees.

The Human Rights Code

In addition to the ESA, the BC Human Rights Code provides further protection. Under Section 13, employers must not discriminate against employees on the basis of sex, which includes pregnancy and childbirth. Termination or adverse treatment because of maternity leave is a violation of the Human Rights Code and can result in an award of damages for lost income, injury to dignity, and other remedies.

Common Employer Excuses

Despite these protections, some employers attempt to mask discriminatory terminations during maternity leave by citing:

Restructuring or reorganization: The employer may claim that the position was eliminated as part of a broader downsizing effort.
Performance issues: Employers sometimes allege pre-existing performance problems to justify termination.
End of contract: In cases of fixed-term employment, an employer may assert that the contract naturally expired.

While these explanations may sometimes be legitimate, the timing and circumstances are often telling. For example, if you were a good performer prior to your leave but were suddenly “restructured” during your absence, this could indicate a discriminatory motive. Courts and tribunals look carefully at these facts to determine whether the stated reason is genuine or merely a pretext for discrimination.

What to Do if You Lose Your Job While on Maternity Leave

If you find yourself in this difficult situation, here are steps to protect your rights:

Request Written Reasons: Ask your employer for the reason for your termination in writing. Employers are required under the ESA to provide a written explanation for dismissal upon request.
Gather Evidence: Keep records of emails, performance reviews, letters, and any other documentation that may show your employment history and the circumstances of your termination.
Document Your Leave: Maintain copies of your leave request, medical notes, and confirmation of maternity or parental leave.
Consult an Employment Lawyer: Get legal advice early. An experienced employment lawyer can help you assess whether your dismissal was discriminatory or in breach of the ESA.

Remedies Available

If your dismissal was related to your pregnancy or maternity leave, you may be entitled to several remedies, including:

Reinstatement: In some cases, you may be entitled to have your job restored.
Compensation for lost wages: This includes wages you would have earned had you not been terminated.
Human rights damages: You can seek damages for injury to your dignity, feelings, and self-respect.
Employment Standards complaints: You can file a complaint with the Employment Standards Branch if your ESA rights were violated.

Keep in mind that there are strict timelines for bringing complaints. Failure to bring your claim within the relevant time limits can bar you from seeking compensation.

Experienced Employment Lawyers

Losing your job while on maternity leave is not just a personal setback, it can also be a violation of your legal rights. Employers in British Columbia have a duty to accommodate pregnancy and maternity leave and must not punish employees for exercising their entitlement to job-protected leave.

If you believe you have been wrongfully terminated because of your pregnancy or maternity leave, do not assume you are powerless. Employment standards legislation and human rights protections exist to safeguard you, and there are meaningful remedies to hold employers accountable. The employment lawyers at Taylor & Blair LLP have significant experience in human rights complaints, ESA compliance, and employment litigation.