What protections do I have while on maternity leave?

Posted on January 5, 2021June 14, 2024 by Walter Law Group

Welcoming a baby into your family through adoption or birth can be an extraordinary and overwhelming experience. Thus, federal and provincial laws entitle new mothers and fathers to take leave from their job.

During this leave, which could last up to 61 or 63 weeks, parents continue to have rights. Parties who violate these rights can face legal and financial consequences. But what, exactly, are the rights that parents have while they are on leave after having a baby?

Protection from retaliation

Retaliation refers to adverse actions someone takes against a new parent because of status or leave-related decisions. Common examples of retaliatory behaviours include:

Demoting an employee for taking leave
Transferring an employee to a less desirable location, position or schedule because they are pregnant or about to have a child
Hiring someone else in the employee’s role while they are on leave
Terminating an employee who has plans to take leave
Urging a parent not to take leave to which he or she is entitled

These actions violate a person’s rights, and employers would be wise to ensure no such behaviours occur.

Job and benefits protection

When you take leave as a parent, you should expect to have a job to return to. Even if your exact position is no longer available, your employer must offer a similar role with the same or greater pay you earned before taking leave.

Employees also have the right to continue collecting benefits while on leave. Such benefits include pension and life insurance plans, and employers must continue to cover their share of the premiums. Further, time on leave should still count toward a person’s length-of-service.

That said, there are situations in which an employer can lawfully terminate a person on leave, including:

Large-scale downsizing and elimination of a person’s role
Termination based on legitimate reasons having nothing to do with the person’s decision to take leave

Whether you are an employer or an employee, it is crucial to take seriously any alleged violations under laws, including the Employment Insurance Act and the Employment Standards Act, 2000.

When an employer violates a new parent’s rights, they and their families can face overwhelming complications and challenges. Thus, they should understand that they also have the right to speak with a lawyer to examine the legal and financial remedies that may be available.

4 factors that increase the risk of injury or fatality in a crash

Posted on October 13, 2020June 14, 2024 by Walter Law Group

No one wants to get in a car accident. Unfortunately, most drivers do something every time they get behind the wheel that puts them at an increased risk of getting into this very situation, even if they do not realize it.

Statistics from Transport Canada’s National Collision Database reveal the various factors that can put one person at a higher risk of severe injury or fatality than someone else.

Factors that increase the risk of serious, fatal injuries in a crash

Your age – More people over the age of 65 died in crashes in 2018 than drivers in every other age group. However, people between the age of 25-34 suffered the most injuries. These numbers suggest that older populations can experience worse injuries, while young adults are more likely to get in a crash but recover.
Where you are driving – Statistics show that there were more collisions resulting in personal injury in urban or metropolitan settings, but a higher number of fatalities in rural settings. This is likely because parties are driving slower in congested, urban areas and travelling over 60 km/h on rural roads and highways. Further, the province in which you are driving could affect your risk of fatality or injury. Yukon Territory has the highest rate of fatal crashes based on population, while Manitoba and Nova Scotia have the highest rates of injury-causing accidents.
Your road user class – Drivers suffer more fatalities and injuries than any other road user, followed by passengers, pedestrians and motorcyclists.
Your driving habits – Your own driving habits can increase your risk of getting hurt or killed in a crash. If you drive while drunk or drugged, if you drive while distracted, or if you drive while you are exhausted, you make it more likely that you will get into an accident. Further, if you do not wear a seat belt in the car, you increase your exposure to worse injuries.

Before you head out on the road, consider these factors that put people at a higher risk of severe injuries or fatalities in a motor vehicle accident. With this information, you can make decisions behind the wheel that protect you, your passengers and others sharing the road with you.

Did my employer wrongfully dismiss me?

Posted on July 14, 2020June 14, 2024 by Walter Law Group

Losing a job is devastating. It means loss of income and having to try to find a new job; it can also place incredible stress on individuals and their families. Dismissed employees can also experience a tarnished reputation and loss of professional relationships.

Perhaps the only thing that can make this situation more upsetting is feeling that the dismissal was wrongful. But how do you know if your termination was wrongful?

Notice and or pay in lieu of notice

If you have been employed continuously for three months, your employer must give you written notice of your termination. The amount of time depends on the length of your employment. For instance, if you have been working somewhere for less than a year, your employer must give you a one-week notice; if you have worked there for between five and six years, you should receive notice five weeks before the termination date.

Employers who do not provide written notice must provide termination pay in lieu of notice. The amount of pay equals the regular wages you would have earned during the period you should have received written notice.

These are general guidelines. There are exceptional circumstances and rules that apply if you have an employment contract or if you were temporarily laid off, which changes termination options and protocol. To better understand your situation, you can talk to a lawyer.

Reasons for dismissal

An employer can dismiss employees for any number of reasons. Typically, they do not need to give a reason.

However, the Employment Standards Act dictates that employers cannot dismiss workers for exercising their rights under the ESA, which also protects workers from being terminated for discriminatory reasons.

On the other hand, your employer could let you go for engaging in wilful misconduct or neglect of duty. If this is the reason for your dismissal, you would not be entitled to the same notice and pay other employees must receive.

If you have been let go from your job and feel that you did not get proper notice or termination pay, you could have grounds for a legal claim against your former employer. Pursuing legal action can make it possible to collect financial damages you may deserve.