Why Are So Many New Moms Losing Their Jobs During Maternity Leave in Canada?
Imagine you are about to welcome a new baby into your family. You are preoccupied with doctor visits, setting up a nursery, and adjusting to your changing life. One adjustment you are most likely not expecting is to lose your job. Yet, a recent Canadian study reveals a startling truth: 15 percent of women on maternity leave end up losing their jobs, a rate nearly three times higher than the average voluntary and involuntary turnover rate of 5.1 percent for all Canadian workers.
A recent study has sparked concern and conversation throughout the employment law world and beyond. Many new mothers believe their jobs are safe thanks to protections in Ontario’s Employment Standards Act (ESA) and the Ontario Human Rights Code. But if that is the case, why are so many moms on leave finding themselves out of work?
What does the law actually protect when it comes to pregnancy
Ontario’s Human Rights Code prohibits discrimination on the ground of sex, which courts have long interpreted to include pregnancy and the right to take maternity and parental leave. The ESA goes further by giving a specific job-protected leave. When you come back from parental or maternity leave in Canada, you are entitled to be reinstated to your old job or a comparable one. Employers are not allowed to penalize, lay off, terminate, or otherwise disadvantage you because you are pregnant, have taken leave, or are about to return.
And yet, the numbers tell another story. According to the study, job loss during maternity leave is much more common than most people think. Whether the reason given is restructuring, failure to renew a contract, or another supposedly neutral reason, the data suggests that many mothers face real and substantial job insecurity simply for taking the protected time they are entitled to.
Hidden barriers and the reality of enforcing discrimination on the grounds of pregnancy
If the law is clear, why does this trend continue? Enforcement can be the weak link. Many employees are not aware of their rights or hesitate to pursue a claim, fearing retaliation or the stress that comes with legal action, especially when returning to work with a new baby at home. Proving that a job loss was connected to maternity leave can also be difficult, because employers rarely admit to discriminatory motives. Temporary contracts, layoffs claimed as business necessities, and subtle changes in expectations often weaken the protections these laws aim to provide.
What can you do if you’ve been terminated due to pregnancy
Know your rights and demand accountability. If you believe you have been let go, denied reinstatement, or penalized because of pregnancy or maternity leave, Ontario law provides a route to challenge that action, whether through a wrongful dismissal action, the Human Rights Tribunal or a Ministry of Labour complaint. Remedies may include reinstatement, lost wages, and damages for injury to dignity.
The numbers are a wake-up call for employers, lawmakers, and advocates. Strong rights on paper matter, but real protection for parents at work requires ongoing attention and action.
To better understand your employment rights, we encourage employees and employers to seek legal advice. We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. 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.
Author – Rachel Patten