Lawyers for Maternity / Parental Leave Disputes
Over the years the law has grown, through common law and legislation, including the Employment Standards Act and the Human Rights Code, to ensure that there are protections in place for employees taking time off work for maternity/parental leave.
Employees are entitled to take maternity/parental leave and expect to return to their former position, or a comparable position, without issue. Reasonable accommodation can be expected when an employee returns to their position as well. If an employee does not receive this, then they may have a claim for constructive dismissal and/or a Human Rights claim.
However, if an employer restructures an employee’s duties, general operations, or decides to terminate an employee while they are on maternity/parental leave for reasons that do not relate to that maternity/paternity leave (i.e.: genuine restricting) an employee may be left without recourse.
If you have an employment issue relating to a maternity/parental leave contact the lawyers at Taylor & Blair LLP for a consultation.