Employee rights upon a return from maternity or parental leave

For employees who have recently become parents, returning to the workplace can be a difficult task to navigate and many are unaware of their rights and entitlements. What should employees be aware of as they prepare to return from parental leave?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined Matt Skube on CTV News Ottawa to discuss the rights of employees returning from job-protected leave.

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0:00 - Interview

1️⃣ Notice given to employers for returning from maternity leave - 0:17
• Under the ESA in Ontario are job-protected leaves. Employees who are ready to return to work from parental leave must provide 4 weeks of notice to their employer.

2️⃣ Employer obligations to employees returning from parental leave - 1:03
• Employers are legally obligated to ensure that an employee returning from maternity or parental leave is returning to the same position they had prior to their leave. Employers cannot change any fundamental terms of employment without an employee’s consent or terminate an employee.
• LEARN MORE about constructive dismissals:

3️⃣ Terminating an employee while on maternity leave - 2:19
• Employees who have been terminated while on parental leave would not only be entitled to their full severance entitlements but possibly additional damages as there are potential human rights violations.

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