Fired or Laid Off While Pregnant in Ontario? A List Of Your Rights

Becoming a parent is one of life's most significant transitions, filled with a healthy mix of anticipation, planning, stress, and joy. That said, for many working parents in Ontario, this period can be overshadowed by challenges at work – sometimes related to accommodations, and in more extreme scenarios, being fired or laid off while pregnant or on maternity leave.

As a mom myself, and with experience representing working mothers, this topic is close to my heart.

If you're pregnant or on maternity leave in Ontario, and you've been laid off or fired, this post will outline some of your rights in an effort to help you successfully navigate this challenging situation.

Key takeaways

• You’re protected from pregnancy discrimination: Under Ontario law, pregnancy or maternity leave cannot in any way influence an employer’s decision to let you go. If it does, that is considered discrimination.

• Layoffs must be legitimate: Being pregnant does not completely shield you from genuine layoffs or reorganizations. However, employers must provide proper notice or severance if it is truly unrelated to pregnancy.

• You have the right to return: After your maternity or parental leave, you must be offered your original job (or a comparable one) with no loss in pay, seniority, or benefits.

• Benefits and accommodations: Employers must continue your workplace benefits during leave and reasonably accommodate any medical needs (e.g., modified duties or schedule).

• Speak with a lawyer if pregnancy factored in: If you suspect your pregnancy played any role in losing your job, do not sign any severance package before consulting an employment lawyer. You could be entitled to additional compensation or human rights remedies.
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Your protections in Ontario when fired or laid off while pregnant

Did you know that pregnancy is a protected ground as per the Ontario Human Rights Code? That means that an employer cannot terminate you for any reason related to your pregnancy. Ontario's legal system is designed with protections for pregnant employees and those on maternity or parental leave. These protections are grounded in several key principles and are important to know, especially if you've been wrongfully terminated:

Non-discrimination based on pregnancy or maternity leave:
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• Employers cannot make unfavourable employment decisions based on an employee's pregnancy, maternity, or parental leave status
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  • This doesn't only include decisions like termination or demotion, but also being passed over for a promotion, transfer, etc.
• Employers cannot alter the terms and conditions of employment without your consent
• Ontario’s Employment Standards Act, 2000 even specifies that employees on maternity or parental leave must have their positions protected, ensuring that their roles cannot be eliminated solely due to their absence while on leave
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Right to return following maternity or parental leave:

Employees are guaranteed the right to return to their role (or a comparable role) with the same compensation and employment conditions as they had before taking leave. Many employees give their employers a lot of grace when returning to work because they're grateful to have a job, even if it isn't the one they had before going on leave. But that's not the law and your employer must meet their obligations.

Continuation of benefits while on maternity or parental leave:

Employees are entitled to continue receiving benefits, such as health and dental insurance, throughout the duration of their maternity or parental leave.

Equal treatment for employees that are pregnant or on maternity leave:

The Ontario Human Rights Code requires equal treatment in employment without discrimination based on sex, which encompasses pregnancy and childbirth.

If your termination was connected to your pregnancy or maternity leave (even partially), you may have a human rights claim on top of your wrongful dismissal claim. These are separate remedies. The Human Rights Tribunal of Ontario can award general damages for injury to dignity, feelings, and self-respect, independent of any severance you're owed.

Most employers present a severance offer that accounts for the employment law side only. If you sign it without legal advice, you're likely releasing the human rights claim at the same time, often without knowing it. That's why it's important to consult with an employment lawyer before signing a termination offer.

Duty to accommodate for pregnant employees or those returning after maternity leave:

Employers are required to accommodate the needs of pregnant employees and new parents to the point of undue hardship

This may include accommodations such as flexible working hours, leaves for medical appointments, and temporary changes to job duties

Notice of termination while pregnant or on maternity leave:

If an employee is terminated for reasons unrelated to their pregnancy or leave (corporate restructuring as an example), they're entitled to appropriate notice or compensation in lieu of notice under the Employment Standards Act of Ontario. You might even be entitled to common law notice, which considers factors like your age, tenure, and role, leading to bigger offers.

Other frequently asked questions (FAQ)

"Can my employer fire me just because I am pregnant?"

No. Under Ontario’s Human Rights Code, pregnancy and maternity leave are protected grounds. If your pregnancy is even part of the reason for your termination, it is considered discrimination.

"What if my employer says my position is gone while I am on maternity leave?"

Employers can reorganize or restructure, but they cannot target your job simply because you are on leave. If your role truly no longer exists, they must provide a comparable position or the proper severance you would otherwise be entitled to.

"Am I still owed notice or severance if I am legitimately laid off for business reasons?"

Yes. Even if the layoff is unrelated to your pregnancy, you must receive proper notice (or pay in lieu) and any owed severance according to the Employment Standards Act and, potentially, common law.

"Do I have the right to return to my job after maternity leave?"

Generally, yes. You should be offered your old job or a comparable one with the same pay, benefits, and status. If your employer fails to honour this, it may be a violation of your rights.

"What should I do if I think my pregnancy played a role in my termination?"

Do not sign any release or settlement offer without legal advice. Contact an employment lawyer right away to review the circumstances, protect your rights, and pursue a fair resolution if discrimination occurred.

Before you sign anything, contact an employment lawyer if you've been fired while pregnant or on maternity leave in Ontario

When you're terminated while pregnant or on maternity leave, employers often move quickly to get you to sign before you can explore your options. Your package may look reasonable, but it almost certainly doesn't reflect what you're actually owed, because employers will never admit that a termination is related to your pregnancy or leave, and signing it means giving up your right to pursue anything more.

An employment lawyer can assess whether your termination involved discrimination, whether you're owed more notice under common law than you were offered, and whether a human rights claim applies. At Kompa Law, we work with employees across Eastern Ontario, including Belleville, Kingston, Cornwall, and surrounding areas. Request a callback to get a clear picture of where you stand before you make any decisions.