January 5, 2005

Returning from Parental Leave

Question: Prior to taking maternity leave the employee was the only person in her department. She completed all tasks required to run the department and she advised senior management. While the employee was on maternity leave, a replacement was hired and worked for most of the year performing all the functions that the employee did…

September 15, 2004

Return from Leave Obligations

Question: What obligations does an employer in Ontario have to reinstate an employee coming back from a pregnancy or parental leave? Can an employee ever be terminated while on leave? Answer: When an employee takes a pregnancy or parental leave, employers may discover the replacement employee is better able to perform the job. Or the…

July 8, 2004

Do Same Sex Partners Get Parental Leave?

Question: Our organization has an employee in a same-sex relationship who has recently become a parent. Although she was not the party who gave birth to the child she is requesting a leave of equal time as her partner who actually had the baby. Granting such a leave is potentially devastating to our business. Must…

May 6, 2004

Merit Increases and Maternity Leave

Question: Can an employer decide not to give an employee a merit increase if the employee was on maternity for most of the year, but met all her performance targets in the months she did work? In this case, the employee worked four of 12 months of the performance year. Answer: In general the law…

March 31, 2004

Compassionate Care Leave in BC

Question: I work in British Columbia , and my mother is very sick. How much time am I entitled to take off to help her during her illness? Answer: According to the British Columbia Employment Standards Act an employee is entitled to take up to five days of unpaid leave during each employment year for…

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