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

Posted on by Ben Tarnow Posted in BC Employment Standards Act, Human RightsTagged , ,

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 … Continue reading

How Post-Termination Conduct Can Impact A Wrongful Dismissal Claim

Posted on by Brian Jacobson Posted in Wrongful Dismissal, Wrongful Termination

Wrongful Dismissal claims occur when an employee believes they have been fired without just cause or without proper notice or pay in lieu of notice. To pursue these claims employees have to pay for a lawyer to bring the case in Court, and employers have to pay lawyers to defend against them, whether the claims are meritorious or not. Regardless of which side of the equation you find yourself, as employee or employer, often parties only consider the circumstances that existed at the time of termination as being relevant to a claim for wrongful dismissal. The reality is that the post-termination conduct of both employee and employer can have a significant impact on claims for wrongful dismissal.

Post-Termination Conduct Repudiating Employment Contract

The governing legislation for employment relationships in British Columbia includes the Employment Standards Act and common law principles. The Employment Standards Act sets out minimum standards for notice … Continue reading

The Importance of Fresh Consideration in Employment Contracts

Posted on by David Goldberg Posted in Employment Contracts, Employment AgreementsTagged ,

In British Columbia, employers frequently revise employment agreements to reflect evolving roles and responsibilities, or compensation structures. However, one critical legal principle often overlooked in this process is the requirement for fresh consideration. Without it, employers risk having their updated agreements declared unenforceable, a mistake that can be costly in employment litigation.

What Is “Consideration”?

At its core, “consideration” refers to something of value exchanged between parties entering into a contract. In the employment context, this usually means offering the employee something new, such as a promotion, raise, signing bonus, or new benefits, in exchange for their agreement to new or updated contract terms. “Fresh consideration” is simply a further exchange of value if you intend to change a pre-existing contractual relationship.

Fresh consideration becomes particularly important when:

  • An employee signs a contract after having already started work; or
  • An employer attempts to change an existing employment agreement.

Without fresh … Continue reading

B.C. Employers Can No Longer Require Sick Notes for Short-Term Absences

Posted on by Ben Tarnow Posted in Workplace Policies, BC Employment Standards ActTagged ,

On April 15, 2025, the British Columbia government introduced Bill 11, amending the Employment Standards Act [RSBC 1996] CHAPTER 113 to prohibit employers from requiring medical notes for short-term absences due to illness or injury. This legislative change aims to lessen the administrative burden on already an overworked healthcare system and streamline the process for employees taking sick leave.

What Changes Under Bill 11?

The previous status quo under the Employment Standards Act [RSBC 1996] CHAPTER 113 allowed employers to request “reasonably sufficient proof” of illness or injury, which often was provided by way of a doctor’s note. With the new amendments, employers are explicitly prohibited from requiring medical documentation for an employee’s short-term absence. As with everything in the law, the devil is in the details and the specific definition of “short-term” will be established through forthcoming regulations, developed in consultation with various stakeholders, with the intent of … Continue reading

Employment Contracts That Violate the Employment Standards Act

Posted on by Brian Jacobson Posted in Employment Agreements, Employment ContractsTagged , , ,

Employment contracts are fundamental to the relationship between employers and employees. These legal agreements outline the terms of employment, including job responsibilities, compensation, benefits, and termination conditions, amongst a myriad of other things. However, not all employment contracts are created equal.

Employment contracts in British Columbia are subject to various statutory requirements, primarily governed by the Employment Standard Act [RSBC 1996] CHAPTER 113 (ESA). While employers and employees have some flexibility in negotiating terms, any agreement that contravenes the minimum standards set out in the ESA is unenforceable.

The Employment Standard Act Minimums

The ESA is legislation enforced in British Columbia that was designed to protect the rights of workers and ensure fair treatment in the workplace. The ESA sets minimum standards for various aspects of the employment relationship. While employees and employers are free to contract as they wish when it comes to the employment relationship, the ESA serves … Continue reading