Terminating an employee almost always comes with risks for employers to consider. These risks may even exist if an employee is terminated during or shortly after a legally protected leave of absence.
Types of Leaves
There are several types of leaves that employees can take that are protected by law. These include, among others, maternity/parental leave, bereavement leave, or medical leaves such as critical illness or serious injury/illness leave.
The Employment Standards Code (the Code) places a high value on protecting the employment of individuals who need to take a legally protected leave. Specifically, section 60 of the Code prohibits employers from laying off or terminating the employment of an employee because they are pregnant or because they intend to take/are taking a leave outlined in the Code. In addition, the Code requires that employers reinstate employees to the same or a comparable position with the same wage upon return from their leave.
