If you’ve been let go during or after leave, it’s important to know what the law says and whether your rights have been violated.
Can you be terminated on parental leave?
Many people assume it’s illegal to be let go while on leave. But the law leaves some room for exceptions.
In Ontario, an employer can terminate an employee on or returning from parental leave, but only in specific and narrow situations. The reason must have nothing to do with the leave itself, and the employer must show there’s no comparable role available.
Even in those cases, proper notice or severance must still be given.
When termination crosses the line
It is illegal to terminate someone because they took parental leave or due to their role as a parent.
Key protections include:
Ontario Human Rights Code, which guards against discrimination based on sex (including pregnancy and breastfeeding) and family status.
The Employment Standards Act (ESA),which grants job protection for up to 63 weeks during pregnancy and parental leave.
Employers must also:
- Maintain benefit contributions.
- Preserve seniority.
What if your job was filled while you were away?
It’s common for employers to hire a temporary replacement during leave. Problems arise when that replacement becomes permanent.
The law says that if your job still exists, it’s your job to return to.
An employer cannot:
- Assign someone else to your role while keeping the same duties.
- Offer a “comparable” role if your original job is still there.
Signs your termination may not be fair
It’s not always obvious when your rights have been violated. But red flags include:
- You were the only employee terminated.
- There’s no sign of wider restructuring.
- Your job still exists and is being done by someone else.
- You were replaced, not reinstated.
In these situations, legal advice can help clarify whether your dismissal was lawful or discriminatory.
Understanding your rights around parental leave matters
Terminations after parental leave carry more than just financial consequences. They affect confidence, stability, and trust.
Legal support can:
- Clarify your rights.
- Help secure fair compensation.
- Challenge hidden forms of discrimination.
Not sure what to do next? Talk to Greenwood Law
If you’ve been let go during or after parental leave, you don’t need to face it alone. Greenwood Law helps employees across Ontario understand their rights and take action when those rights are ignored.
