Can You Be Fired During or After Maternity Leave in Ontario?
You cannot be fired because you took pregnancy or parental leave, and you have a right to your job back. A dismissal tied to your leave can be discrimination.
Key takeaways
- You cannot be fired because you took pregnancy or parental leave. It is a protected right under the ESA and the Human Rights Code.
- You have a right to reinstatement to your old job, or a comparable one at the same pay, when your leave ends.
- A dismissal during or shortly after your leave that is connected to it can be discrimination, entitling you to severance plus human rights damages.
- "We restructured while you were away" is not an automatic defence. The timing invites close scrutiny.
- A demotion or worse role on return can be a constructive dismissal.
In this article
Few dismissals raise more red flags than one that lands during or right after a parental leave. The law gives new and expecting parents strong protection, and employers who ignore it can owe far more than ordinary severance. Here is what is actually protected in Ontario.
✅Quick answer. You cannot be dismissed because you took pregnancy or parental leave. The Employment Standards Act protects your right to take the leave and to be reinstated to your job (or a comparable one) at the same pay. If you are let go during or soon after the leave and it is connected to it, that can be discrimination under the Human Rights Code, entitling you to severance plus human rights damages.
Can you be fired on maternity or parental leave?
Not because of the leave. Taking pregnancy or parental leave is a protected right, and your employer cannot dismiss you, demote you, or penalize you for exercising it. An employer can still end employment for a genuinely unrelated reason, but the burden is on it to show the leave played no part, and the timing makes that a hard case to win.
Your right to get your job back
When your leave ends, the ESA gives you the right to be reinstated to the position you held before the leave, or to a comparable position if your old one no longer exists, at no less than the pay you were earning (plus any raises you would have received). Being brought back to a lesser role, reduced pay, or a sidelined position is a problem the law takes seriously.
When is a dismissal discrimination?
It is discrimination when your pregnancy, leave, or family status was a factor in the decision to let you go, even if it was not the only factor. Red flags include being let go shortly after announcing a pregnancy, while on leave, or soon after returning; being replaced permanently; or being told the role "changed" in ways that conveniently exclude you. As with any dismissal tied to a protected ground, the remedies can exceed ordinary severance.
What if the employer says it restructured?
A reorganization is not a free pass. Employers sometimes use a restructuring to mask a leave-related dismissal. The question is whether your leave was genuinely irrelevant to the decision. If your position was eliminated only after you went on leave, or you were the one chosen for cuts in suspicious circumstances, that deserves a close look.
What should you do if you were let go around your leave?
- 1.Write down the timeline: when you announced the pregnancy, started leave, were due back, and were let go.
- 2.Keep emails about your role, your return date, and any reorganization.
- 3.Do not sign a release on the spot.
- 4.Get advice quickly. A dismissal tied to parental leave is one of the stronger positions an employee can have. A free review tells you where you stand.
Frequently asked questions
Can my employer fire me while I am on maternity leave in Ontario?
Not because of the leave. Pregnancy and parental leave are protected, and you have a right to reinstatement. A dismissal during leave that is connected to it can be discrimination, entitling you to severance plus human rights damages.
Do I have a right to my job back after parental leave?
Yes. The ESA gives you the right to return to your old position, or a comparable one at the same or higher pay. Being demoted or given a lesser role on return can amount to constructive dismissal.
My job was eliminated while I was on leave. Is that legal?
A restructuring is not an automatic defence. If your leave was a factor in the decision, or your role was cut only after you left, it can be unlawful. The timing invites scrutiny, so get it reviewed.
What can I claim if I was fired because of my pregnancy or leave?
Potentially your wrongful dismissal severance plus human rights damages for the discrimination, including compensation for injury to dignity, which often exceeds an ordinary severance package.
Carmen Reyes
Legal Writer, Mirza Law
Carmen Reyes is a legal writer at Mirza Law in Toronto. She writes about constructive dismissal, workplace changes, and how Ontario employees can protect themselves when their job changes under them.
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