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Maternity and Parental Leave

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.

 

Award-Winning Calgary Employment Lawyers for Employees Only

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.

Osuji & Smith has just won the 2020 Three Best Rated for Best Rated Employment Lawyers in Calgary. This is our fourth win having won it in 2017, 2018 and 2019. We have also won the 2020 Three Best Rated for Best Rated Business Lawyers in Calgary for 2020. This is our second win having won it in 2019. Osuji & Smith has also been nominated for the 2019 and 2020 Employer Awards for Newcomer Employment, given by the Immigration, Refugees and Citizenship Canada (IRCC). We have also been nominated for the 2019 Hope Awards, Aspen.

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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.

What People Say About US

JENNIFER L.

“Charles was fantastic to work with! He was very professional, made sure I knew my options and supportive to the end. He successfully handled my employment matter and I would hire Charles again if needed.”

KIRSTEN A.

Aniedi Davidson at Osuji & Smith made our experience of incorporating interesting, accessible and hassle free. She took the time required to help us understand the process thoroughly and was very kind and friendly. Incorporating felt like a large task to us and she made it easy! I would highly recommend her services to anyone looking to incorporate their business.

NEDU A.

Quite frankly, Osuji & Smith is the best. Charles and his team handled my Divorce process with ease. Their level of flexibility and professionalism is second to none! Would advise the general public to contact Osuji & Smith for all their legal needs.

RON H.

I would like to thank Nitin Srivastava of Osuji & Smith for his help on my recent case. He was very professional and knowledgeable and helped me to make the proper decision regarding my case. I would recommend Nitin to anyone needing advice on labour and employment law.

MICHELLE R.

My partner and I had a meeting with Charles today. He was very welcoming and so full of knowledge! Not only that but most importantly, honest. He helped us understand our situation and did so without us retaining him and charging us a ton of money! Such a different experience than any other lawyer I had dealt with in the city. He did not make us feel as if we were just a dollar sign and actually seemed to care. That is not common in lawyers. You’re awesome Charles and we would most definitely recommend you to anyone!

JOSEPHINE O.

Charles Osuji has been my legal advisor for some time now. From the first day I met with him, I came to the conclusion that being brilliant and respectful has nothing to do with race or colour of skin. If you need a smart, efficient, competent, hardworking and professional lawyer, Charles Osuji embodies all these qualities. Charles is a very patient, considerate, hardworking lawyer that works 24/7 for the best interest of his client. He has been handling all my legal matters and has done an amazing job. I should note that he works with a dynamic and friendly team. I highly recommend him and his law firm, Osuji & Smith!

FOERSTER D.

I had a great experience with Charles Osuji and his staff! Very professional and friendly and helpful. They are very reasonable with their hourly rates. I highly recommend Charles Osuji and Osuji & Smith to all my friends and anyone out there who is looking for professional help.

CARMELO M.

Had a great experience dealing with Charles. He looked after our best interests and finished our contract in good time. We will be using Osuji and Smith in the future.

CHRIS W.

Osuji and Smith handles all of our personal and business needs and we could not be happier with them. They are always available to answer any questions and provide sound advice. If you are looking for a great law firm, call them and they will take care of you every step of the way.

ROMINA B.

They are Excellent and I had a wonderful experience especially Mr. Charles! He is very friendly and explained us all the outcomes. And we won the case!

GLORIA N.

Charles and Colleen provided me with some legal and real estate services. They are very professional, competent and on time. Their fees are very reasonable too. I highly recommend Charles Osuji and to anyone looking for a competent and knowledgeable lawyer that can resolve your case quickly at a reasonable price. Thanks, Osuji and Smith for the excellent work!

BORIS N.

We hired Charles to help us with Employment law. He was very knowledgeable on the matter, he worked very efficiently and he achieved a favorable result in a short period of time. He was also very reasonable priced. I highly recommend him to anyone in a need of legal advice and services.

OLA F.

I came to Osuji & Smith to review a commercial lease for my new business location. Charles and Alessia thoroughly reviewed my lease with me so that I understood it, and provided me specific notes about the present lease to take back to the landlord. Charles exceeded my expectations by also giving me additional tips on legal contracts on top of sharing some business advice that will be invaluable to the future of my business and my success as a new business owner. I feel the value I received from this office is why I will surely choose them again in the future.

JAMES G.

I worked solely with Charles on an employment case that was very personal to me. From the get go he displayed nothing but the highest standard of respect, knowledge, case fact competency and actually cares about your interest & well being. Always reachable even whilst I was overseas in multiple countries. His consistency, experience, historic reference, and flawless case punctuality are very noticeable in the way he handled every single matter. I can’t thank him enough for his honest work, support, and dealings. Osuji and Smith law-firm is an amazing establishment. Thank you again, Charles.

JOSEPHINE O.

Charles Osuji has been my legal advisor for some time. From the first day I met with Charles I came to conclusion that being brilliant and respectful has nothing to do with race or colour of skin. If you need a smart, efficient, competent, hardworking and professional lawyer, Charles embodies all these qualities. Charles is very patient, considerate, hardworking lawyer that works 24/7 for the best interest of his client. He has been handling all my legal matters and had done an amazing job. He works with a dynamic and friendly team. I highly recommend him and his law firm Osuji & Smith Lawyers.

FRANKLIN O.

I have used them once and all I can say is their services are top notch, didn’t have anything to complain about. Hence I will definitely recommend them to friends and family.

SEBA P.

I had the opportunity to have Charles Osuji providing legal services for myself and I can say that he and his team dealt with my matter in a very professional way. They are very responsive and Charles worked even on a Sunday to have my issue solved as soon as possible. Reasonable priced and more than that, he offered me the most cost-efficient alternatives for my case. Highly recommend this law firm.

SARATHY

I hired Charles for a prenuptial agreement. He is amazing from day 1. Unlike other corporate family lawyers, Charles calls you back even after 9 pm and even on a Saturday or Sunday. You can directly talk to Charles anytime unlike other lawyers who are not so easy to talk. His prices are reasonable and he is very professional. I would highly recommend Osuji & Smith for your legal needs.

TERRY T.

I worked with Charles and Colleen for the sale of my old home and the purchase of my new home. They were so wonderful to deal with. Very professional and helpful. I would highly recommend Osuji & Smith for your legal needs!

ANGIE N.

Charles is amazing. He handled my divorce efficiently and professional and put up with some craziness on my part. Would definitely recommend!

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