Maternity Leave: Job at Risk?

Maternity Leave: Job at Risk?

Are you certain that your job is secure during your maternity or parental leave? The whirlwind of new parenthood, coupled with the looming threat of job loss, makes it imperative to arm yourself with the right information. It’s imperative to know your rights, including understanding if your severance package is enough to support you in the event of termination during maternity leave.

In times of uncertainty, seeking guidance from a seasoned expert becomes paramount. Here are some tips into the into the intricacies of and legalities surrounding the layoff of workers on maternity leave.

Tip #1 – Termination During Maternity Leave Can Only Happen If It’s Not Tied to the Leave or new Child-Care Responsibilities

Is it legal to terminate during maternity leave? Termination during leave isn’t inherently against the law. It only crosses into illegality if the termination is directly tied to the leave or the new child-care responsibilities. Employment standards dictate that employers must reinstate employees to their former role or an equivalent one if the original position becomes obsolete. However, if an employer can prove that the termination is unrelated to the leave—perhaps due to a division shutdown or the loss of a significant client—reinstatement may not be obligatory.

Tip #2 – Termination During or After Maternity Leave May Entitle You to Additional Severance

Being terminated during or after maternity leave might call for additional severance. The computation of severance takes into account the time needed to secure a comparable job, factoring in age, tenure, position, and the availability of other work considering personal circumstances. The subjective nature of this final factor sparks frequent debates, with employees contending that finding a job post-leave termination is notably more challenging.

Tip #3 – It’s Best to Consult with an Employment Lawyer

Navigating the complex landscape of termination during maternity leave is often mired in misunderstanding. To gain a comprehensive understanding of your options, it’s imperative to consult with an employment lawyer. They can provide invaluable insights and guide you through the steps that best align with your interests.

Don’t face this challenging terrain alone—empower yourself with the right information and support.  If you are looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us online or by phone at (416) 640-2667, today.