Calgary Employment Lawyers – Maternity & Parental Leave – Who is eligible for maternity and parental leave?
Maternity & Parental Leave
Welcoming the newest addition to your family should be a joyous occasion. But, if you lose your job during maternity or parental leave, this happy time can be shadowed by stress and uncertainty.
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Who is eligible for maternity and parental leave?
Raising a family is an exciting chapter of life for many hardworking Calgarians. Our province has set regulations that allow new parents to take leave from work to enjoy time with their newest family member.
You are eligible for maternity or parental leave if you have been an employee at your job for a minimum of 90 days. While you are away on your leave, your employer is not obligated to provide you with wages or benefits – unless otherwise stated in your employment agreement. With that said, your employer has a responsibility to welcome you back to your position, or a comparable one, following your leave.
Can my employer fire me while on maternity leave?
The short answer is no, but we have seen cases where this unsettling scenario occurs.
Rest assured that your employer cannot terminate your employment solely because you require maternity or parental leave. They must have a legitimate reason behind their decision to let you go, and if they do not, they are violating your rights as an employee.
I lost my job on parental leave. What now?
Being dismissed while on leave can be an extremely stressful circumstance, and in most cases, should be fought with the help of a dedicated employment lawyer. Although it’s not “illegal” to let an employee go while on leave, an employer must have a substantiated reason behind their decision.
Remember, your employer cannot fire you because you require maternity or parental leave, nor can they terminate you on any of the protected grounds specified in the Alberta Human Rights Act.
When this happens to a new parent on leave, we often hear employers falsely claiming that the position has become redundant, or they are “restructuring” parts of their business. If an actual restructuring at your work has taken place, other employees have likely been let go, too. If the termination targeted a staff member on leave, such as yourself, your employer might be trying to dodge obligations they have to you when you return to work.
New parents - protect yourself! Seek Help from a Calgary Employment Lawyer
We believe that the health of our city relies on the health of our families. This is why we will ruthlessly fight to help you receive all the benefits surrounding your maternity or parental leave.
Your employer can’t fire you because you require time off to care for your newborn. We will inquire into their decision to let you go, and we will assess if their motivations and actions were just.
If we find evidence that your parental leave was, in fact, the reason for your dismissal, we will ensure you are reasonably accommodated for this unlawful behaviour.
Do not wait to schedule an appointment with us. Call us at 403-283-8018 or fill out the online contact form for more details.
Calgary EMPLOYMENT Lawyers for Employees Only: We Speak Your Language
As your Calgary employment law team, we want to help you address your maternity and parental leave problems or concerns.
We speak English, Igbo, Mandarin, Cantonese, Bengali, Spanish, Japanese, Korean, French, Hindu, Punjabi, and Urdu.
Do you have a case of maternity and parental leave? REQUEST A CONSULTATION
Osuji & Smith Lawyers is known for its friendly team of legal professionals. We are client-focused and also driven to produce practical results for you.For years, our clients have trusted our experience and skill in solving their legal matters. Our skill is based on knowledge of the law and our ability to interpret it depending upon the facts of each case. Our dedicated team of lawyers is constantly striving to find unique resolutions for your complex issues. Our office is conveniently located in Kensington close to downtown Calgary, Alberta. For easy access, we also have free parking available for our clients.
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