Can You Be Laid Off or Fired While on Maternity Leave in Canada? Your Guide to Protecting Your Rights While on Maternity Leave

Maternity leave is designed to allow new parents to bond with and care for their children without worry. Yet, for some, the thought of losing a job through termination or layoffs during maternity leave can bring unwanted stress. If you are about to take maternity leave you might be wondering, can you get laid off while on maternity leave? Though it is possible to be fired or laid off while on maternity leave, you do have rights as an employee.

At Soni Law Firm, we are the employment lawyer Toronto employees turn to when looking for help with navigating termination from their place of work. We are often asked; can I be fired during maternity leave? In this post, we outline what you’ll want to know about layoffs or terminations while on maternity leave to protect your rights as an employee.

Can I Be Fired While on Maternity Leave?

If you have recently started a maternity leave and are expecting to return to work when it concludes, you might be wondering, can I be fired on maternity leave? It is important to know that it is possible to be fired while on maternity leave. However, you cannot be fired for reasons that relate to being pregnant or the maternity leave itself.

Employers may terminate an employee on maternity leave if it is for legitimate reasons due to downsizing or the employee’s role no longer existing within the workplace. Keep in mind that employers will be expected to find a comparable role within the company for an employee whose role has been eliminated during a maternity leave. When considering the question, can you be terminated while on maternity leave, there is often a fair amount of grey area and you’ll need to know your rights as an employee to protect them when returning to work.

See our post, Can You Get Fired for No Reason in Ontario, for more insight into reasons why an employee may be terminated.

Can You Be Laid Off While on Maternity Leave In Ontario?

Are you on maternity leave and are hearing that layoffs within your workplace may be imminent? If so, you might wonder, can I be laid off on maternity leave? Much like being fired while on maternity leave, it is possible to be laid off during a maternity leave if an employer is able to demonstrate that it is being done for legitimate business needs. An employer who lays off an employee who is on maternity leave will still be expected to find another role for the employee if it is possible to do so.

Layoffs are often a stressful time for employees, even without the added uncertainty of being on maternity leave. See our post, What Employees Need to Know About Layoffs, for a more in-depth look at what a layoff could mean for you.

Can I Be Fired After Maternity Leave?

If you have recently returned to work after a maternity leave only to soon be let go you might be wondering, can I get fired after maternity leave? Much like with being fired on maternity leave, you can be fired after returning from maternity leave only if the reason for being fired is not due to discriminatory reasons. If you suspect that you are being fired because you have children, a human rights lawyer can help you navigate protecting your rights.

Are you also wondering, can I be laid off after returning from maternity leave? The same principles apply as termination. You can be laid off after returning from maternity leave so long as it is not due to discriminatory reasons or because you took a maternity leave. Contacting a termination lawyer is a good idea if you feel you have been fired or laid off because of your maternity leave or because you now have a child.

See our post, Understanding How Employment Law Protects You as an Employee in Ontario, for more information on why contacting an employer is a smart choice when you are being terminated.

What Happens if You Get Laid Off or Fired During Maternity Leave?

If you want to know, can I get fired on maternity leave? The answer is that yes, you can be. However, you should be aware that your return to work after maternity leave is protected. If you have been fired or laid off during or after maternity leave, it is important that you speak with a workplace lawyer, as you may be entitled to be reinstated or receive adequate compensation for the termination.

At Soni Law Firm, we can help you protect your rights as an employee. Contact us today for a free consultation and see our post, How is Severance Pay Calculated in Ontario, to get a better understanding of what you may be entitled to.

About Post Author

Rahul

Rahul founded Soni Law Firm, a boutique employment, labour, and human rights law firm, with the goal of taking his Downtown Toronto litigation experience and making it accessible to Ontario’s Main Street employees and employers.