Maternity Leave

Maternity leave is an employee rights

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Pregnancy, Maternity & Parental Leave

Few people grasp the uncertainty of job security more acutely than a woman who is pregnant and planning her maternity leave. Our laws are specifically designed to safeguard your rights, from the moment you disclose your pregnancy, or when it becomes visible, until your return to work after parental leave.

Canada has some of the most progressive laws when it comes to pregnancy, maternity leave, and parental leave. Both provincial employment regulations and Federal Employment Insurance (EI) Benefits offer parents—whether birth, adoptive, or surrogate—the right to time off with some financial support. These protections aim to allow parents to bond with their new child without worrying about job security.

Balancing Work and Life

  • The digital age blurs the boundary between work and personal time, creating tensions in the workplace.
  • Employers often seek flexible employees who can work anytime and from anywhere, while labour groups push for more predictable terms.
  • Parents face a unique challenge, as balancing work demands with family obligations can become a major stressor.
  • The balance between employer expectations and personal time is crucial for many, especially parents.

Fired While Pregnant

  • Pregnancy presents unique challenges in the workplace, as women may need to navigate health symptoms while staying productive.
  • Some women choose not to disclose their pregnancy early, making common symptoms like nausea more stressful.
  • Physical changes and pregnancy-related illnesses can affect work performance, sometimes requiring accommodation or time off.
  • Unfortunately, some employers view pregnancy and maternity leave as an inconvenience, despite legal protections that prohibit unfair treatment.

Miscarriage & Pregnancy-Related Illnesses

  • The Ontario Human Rights Code protects employees with disabilities, including pregnancy-related conditions.
  • Conditions like miscarriage, stillbirth, and abortions are considered pregnancy-related illnesses under Ontario labour law.
  • These conditions, along with any associated emotional distress, are treated as temporary disabilities in the workplace.
  • Employers are required to make reasonable accommodations to support employees during these challenging times.

Empowering You with Knowledge of Your Workplace Rights

Every case we handle is unique and tailored to the specific circumstances of our clients. However, a common thread runs through them all—many of our clients are unaware of their employee rights and entitlements. Our goal is to bridge that gap.

If you’re expecting or have questions about your pregnancy and maternity leave rights, we invite you to schedule a no-charge initial assessment with our team to discuss your situation and explore your options.

Ontario Employee Rights - Our Focus:

At Leckers Law, we exclusively represent employees. We understand the power imbalance that often exists in employment relationships and are dedicated to levelling the playing field. Our lawyers are passionate about advocating for your rights and ensuring you receive the fair treatment you deserve.

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FAQs

You are entitled to take time off during your pregnancy if you are medically unable to work, including for miscarriages or other pregnancy-related conditions. This protection also applies to surrogate mothers, ensuring they are not treated unfairly due to their pregnancy. Employers must make reasonable accommodations, which may include modifying your duties, offering flexible hours, or granting time off for health reasons. If your employer fails to meet these obligations or tries to force you to resign, you may have grounds for a constructive dismissal case. Contact us to explore your legal options.

Pregnancy is a protected category under Ontario employment law, meaning you cannot be fired simply for being pregnant or planning to take maternity leave. This protection begins the moment you announce your pregnancy or when it becomes visible. Your employer could face serious legal consequences if you are terminated without a legitimate performance-based reason while pregnant. Wrongful dismissal cases related to pregnancy or parental leave often have several legal avenues for resolution. It’s crucial to seek advice from an experienced Ontario employment lawyer to protect your rights.

New parents are eligible for up to 63 weeks of parental leave if they have not taken it previously. If parental leave has been taken before, the entitlement is up to 61 weeks. The leave must be taken in a single continuous period and is typically unpaid unless your employer offers supplementary benefits.

Pregnancy leave is a separate benefit from parental leave and is available to both birth and surrogate mothers. The maximum duration for pregnancy leave is 17 weeks. Parents can choose between 12 or 18 months for combined pregnancy and parental leave. As with parental leave, pregnancy leave is generally unpaid unless your employer provides additional benefits.

Pregnancy and maternity leave are usually unpaid unless your employer provides specific benefits. However, you may be eligible for Federal Employment Insurance (EI) benefits if you are unable to work during your pregnancy. These benefits also cover new parents, including adoptive parents. While you have the option to take 12 or 18 months of parental leave, opting for the 18-month period will stretch the 12-month EI entitlement over a longer timeframe. Contact your local EI office to determine your specific eligibility and options.

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