Category: Employment Law

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.

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.

Experiencing a disabling injury or illness can turn a person’s life upside down. Relationships can change; a person may require assistance in caring for themselves; everyday tasks like driving or going to work can become impossible.

Under these circumstances, finding a sense of stability and normalcy can be a welcome experience. For some, returning to work is one way to accomplish this. However, there are some important things to know about returning to work if you currently receive disability benefits.

Keeping your benefits

You could still collect disability benefits and work. However, the payments will likely be affected, depending on how much you work and how much you earn.

If you receive Canada Pension Plan benefits, you can collect up to $5,800 without losing your benefits. However, if you earn more than that or if you can work on a regular basis, you may stop receiving payments.

One detail that could give you some reassurance is that if you decide to go back to work but become unable to continue because of your disability within two years, you do not have to start the application process over. You can request automatic reinstatement.

It is also worth noting that you can do volunteer work or go back to school without affecting your benefits.

Protecting yourself and your benefits

Note that returning to work in any capacity can trigger a reassessment. As part of the reassessment, CPP can ask you for updated medical information and details about your work. Depending on their examination, the CPP could decide that you no longer fit the criteria for collecting benefits.

Because of this, it is crucial that you talk to your doctor and possibly consult a lawyer before making employment-related decisions while you collect CPP. You want to have an accurate picture of your capabilities as well as a clear understanding of the impact your working may have on your benefits.

Disability benefits, whether they come from CPP or long-term disability insurance, are critical to recipients and their families. As such, you will want to be cautious about actions that could reduce or terminate them.