Maternity Leave in Ontario: Returning to Work and Requesting Accommodation 

Returning to work after pregnancy or parental leave is a major transition. Employees may be balancing childcare, breastfeeding or pumping, postpartum recovery, medical restrictions, fatigue, and concerns about whether their role will still be there when they return. 

Can Your Employer Change Your Job After Maternity Leave?

Ontario law provides important protections. In most cases, an employee returning from pregnancy or parental leave must be reinstated to the same position. If that position no longer exists, the employee should be returned to a comparable position. 

An employer cannot penalize an employee for taking leave, planning to take leave, returning from leave, or requesting accommodation connected to pregnancy, disability, family status, or related needs. 

Disputes often begin when the employee returns to work. A changed role, reduced responsibilities, sudden schedule change, denied accommodation or pressure to resign may raise serious legal concerns. 

Your Right to Return to Work After Maternity Leave in Ontario

Maternity leave should not cost an employee their position, seniority, pay or career opportunities. 

When an employee returns, the employer should not use the leave as a reason to demote them, exclude them from meaningful work, reduce hours, remove responsibilities or push them into a less favourable role. 

Employers may restructure during a leave. That is not automatically unlawful. But the employer must be able to justify that the change was unrelated to the leave and that the returning employee was treated lawfully. 

If the new role is clearly inferior to the one you held before leave, ask for details before accepting it. A significant change to compensation, duties, title, schedule, reporting structure, or responsibility may raise constructive dismissal, discrimination, or reprisal concerns. 

Requesting Workplace Accommodation After Maternity or Parental Leave in Ontario

Many employees need accommodation when returning from pregnancy or parental leave. The need may relate to postpartum recovery, breastfeeding or pumping, childcare obligations, disability, medical restrictions or a gradual return to work. 

Accommodation requests may include: 

• reasonable time and a private space to pump; 

• modified start or end times; 

• temporary remote work; 

• a gradual return after medical complications; 

• modified duties based on medical restrictions; 

• temporary limits on overtime or travel; 

• adjustments connected to childcare obligations. 

An employer is not required to automatically approve every request in the exact form proposed. However, the employer must consider legitimate accommodation requests seriously and in good faith. 

Employees should also participate in the accommodation process. Where appropriate, provide enough information to explain the restriction, limitation, or family-status need. An employer may be entitled to information about functional limitations. It is not automatically entitled to a diagnosis, full medical history, or private details beyond what is necessary to assess accommodation. 

Childcare Scheduling and Family Status Accommodation in Ontario

Childcare is often the hardest part of returning to work. Daycare hours, school pickup, waitlists, and unexpected caregiving obligations may make the prior schedule difficult or impossible. 

Family status is protected under Ontario human rights law. That does not mean every preferred schedule must be approved. It does mean employers should not dismiss childcare-related accommodation requests without a proper assessment. 

Put the request in writing. Identify the schedule change or flexibility being requested, why it is needed, whether it is temporary or ongoing, and whether alternatives are available. 

Examples may include adjusted start and end times, remote work on specific days, temporary limits on overtime, or a phased return to full-time hours. 

If the employer refuses without discussion, penalizes the request, reduces your role, or treats your caregiving obligations as a lack of commitment, get legal advice. 

Medical Restrictions After Maternity Leave in Ontario: What Your Employer Can and Cannot Ask

Some employees return with medical restrictions connected to pregnancy, childbirth, postpartum recovery, mental health or disability. 

If your doctor recommends modified duties, reduced hours, a gradual return, lifting restrictions or other workplace changes, provide appropriate medical documentation. The documentation should focus on restrictions and limitations, not unnecessary private medical details. 

An employer should assess the restrictions and explore reasonable accommodation options. Red flags include refusing to consider accommodation, pressuring an employee to return before medical clearance, demanding excessive medical information or responding negatively to pregnancy-related or disability-related needs. 

Fired During or After Maternity Leave in Ontario? Know Your Rights

Termination during or after maternity leave should be reviewed carefully. 

An employer may eliminate a position for legitimate business reasons. It cannot terminate an employee because she took leave, became a parent, requested accommodation, needed medical support, or asserted workplace rights. 

If you are fired during or after leave, do not assume the severance package is fair. Do not sign a release before understanding your rights. The situation may involve wrongful dismissal, discrimination, reprisal, failure to reinstate, or failure to accommodate. 

At Lecker & Associates, we assist employees across Ontario in reviewing severance offers, assessing wrongful dismissal claims, and negotiating termination packages to help ensure employees receive fair compensation following dismissal. We can be reached at 647-873-1922 or intake@leckerslaw.com for a confidential consultation. 

Protect Yourself Before Making a Decision 

Keep copies of your employment contract, leave communications, return-to-work emails, accommodation requests, medical notes, scheduling discussions, performance reviews and any changes to your role, pay, or responsibilities. 

Avoid resigning before getting advice. If the employer has changed your role, denied accommodation, or pressured you to leave, resignation may not be your only option. 

Lecker & Associates represents Ontario employees in pregnancy and parental leave disputes, wrongful dismissal, constructive dismissal, discrimination, harassment, and disability-related workplace claims. If your employer has changed your role, denied accommodation, pressured you to resign, or terminated your employment during or after leave, speak with an Ontario employment lawyer before making a final decision.  

FAQs: Returning to Work After Maternity Leave in Ontario

What are my rights when returning to work after maternity leave in Ontario?

In most cases, you should return to the same position you held before leave. If that position no longer exists, you should be returned to a comparable position. Your employer should not reduce your pay, seniority, or responsibilities because you took pregnancy or parental leave. 

How much notice do I need to give before returning from maternity or parental leave in Ontario?

If you are returning on the date originally planned, confirm your return in writing. If you want to return early, extend your leave, or change your return date, review your workplace policy and Ontario employment standards requirements before doing so. 

Do I have to pay back maternity leave benefits or top-up pay if I quit?

You usually do not have to repay EI maternity or parental benefits simply because you quit. However, if your employer paid a maternity or parental leave top-up, repayment may depend on the wording of the policy or agreement. 

Can I be penalized for not returning to work after maternity leave in Ontario?

There is no automatic penalty for deciding not to return. However, resigning may affect top-up payments, benefits, references, income, and potential legal claims. Get advice before resigning if your employer changed your job, denied accommodation, or pressured you to leave. 

What happens if I resign while on maternity or parental leave in Ontario?

Your employment ends if you resign during maternity leave. Before resigning, consider why you are leaving. If the employer has changed your role, discriminated against you, refused accommodation, or pressured you to resign, you may have legal options other than quitting.