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ARTICLE · 04 MAY 2016

Substantial Changes To Employment For Employee Returning From Maternity Leave = Significant Damage Award

Cox & Palmer
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Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers.

CanadaEmployment and HR
Jessica Bungay
Jessica Bungay
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Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers. However, the ability of parents to take maternity and/or paternity leave, and return to their employment, is a legislated right. Employers who do not permit employees to take maternity and/or paternity leave and return to their former position (or one substantially similar) do so at their peril as demonstrated in the decision of Partridge v. Botony Dental Corporation, 2015 ONCA 836. In that case, the employee was terminated from her employment after she objected to changes made to her position and working hours upon her return from maternity leave.

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