Parenting & Family

18-month Parental Leave

  • Last Updated:
  • Apr 24th, 2017 12:17 pm
Deal Addict
Apr 22, 2014
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Oshawa, ON
smartie wrote:
Apr 16th, 2017 11:03 pm
Are you guys sure there is job guarantee during maternity leave?
There's a fat severance cheque at the end of a lawsuit if not.
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Deal Guru
Aug 22, 2011
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Ottawa
smartie wrote:
Apr 16th, 2017 11:03 pm
Are you guys sure there is job guarantee during maternity leave?
I can confirm that my company and many others that I have worked for does not gurantee anything.
I've witnessed a mom to be, getting laid off two weeks before her expected due date.
I've seen job postions "eliminated", responsibilies and desscription changed and a new hire brought in to replace those on mat leave.
Obviously, if it's a more senior role and critical to the company and that person is a performer; it's a non issue.
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Nov 13, 2013
317 posts
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vkizzle wrote:
Apr 18th, 2017 10:08 am
I can confirm that my company and many others that I have worked for does not gurantee anything.
I've witnessed a mom to be, getting laid off two weeks before her expected due date.
I've seen job postions "eliminated", responsibilies and desscription changed and a new hire brought in to replace those on mat leave.
Obviously, if it's a more senior role and critical to the company and that person is a performer; it's a non issue.
Lawsuit waiting to happen. Lots of case law on this in Canada.
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Aug 22, 2011
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fogetmylogin wrote:
Apr 18th, 2017 10:18 am
Lawsuit waiting to happen. Lots of case law on this in Canada.
You would think so and to date, no litigation whatsoever.
Don't get me wrong, I'm not defending this practice, as I too have a wife that has been on mat leave.
The reality is, there are loopholes and big companies such as the ones I have worked for pay big money consulting with lawyers before make such decisions.

Edit: should have also noted, that a very generous severance package is offered and the employee must sign an NDA and also waive their right to seek legal recourse.
Sr. Member
Sep 3, 2013
580 posts
93 upvotes
Toronto
vkizzle wrote:
Apr 18th, 2017 11:00 am
You would think so and to date, no litigation whatsoever.
Don't get me wrong, I'm not defending this practice, as I too have a wife that has been on mat leave.
The reality is, there are loopholes and big companies such as the ones I have worked for pay big money consulting with lawyers before make such decisions.

Edit: should have also noted, that a very generous severance package is offered and the employee must sign an NDA and also waive their right to seek legal recourse.
I'd say anyone pregnant being offered anything other than a guaranteed job should consult a lawyer first before responding.
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Aug 22, 2011
12626 posts
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Kayceern wrote:
Apr 18th, 2017 3:59 pm
I'd say anyone pregnant being offered anything other than a guaranteed job should consult a lawyer first before responding.
I'm actually quite suprised that this is news to people.
It's rough out there...
Member
Mar 28, 2011
327 posts
51 upvotes
Toronto
+1 to vkizzle's comments, have had friends/family go through it and my wife almost go through it too

There is no such thing as job security so be diligent in your financial plans when your wife is pregnant and on mat leave. A lot of things change at work in 12 months so imagine 18 months.

If the role is eliminated with no other role available, usually there is a severance and NDA to prevent further recourse

All this lawsuit talk is the lawyer you will hire to negotiate the severance so they get a bigger cut if you get more

Should definitely lawyer up though as they always seem to get you a better deal even after their cut.
Sr. Member
Sep 3, 2013
580 posts
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Toronto
Going back to the original post, anyone requested for an 18-month leave yet? Thinking of extending my 12-month mat/parental leave to 18.
Newbie
Nov 25, 2016
7 posts
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Kayceern wrote:
Apr 22nd, 2017 1:58 pm
Going back to the original post, anyone requested for an 18-month leave yet? Thinking of extending my 12-month mat/parental leave to 18.

It's not in effect yet.
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Jan 11, 2008
7147 posts
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GTA
Once this starts, it will need to be looked at to see what the rules are.

In the past, EI changes have never been retroactive (e.g. if you were on it when the change took place, you fell under the older rules).

Similarly, usually in January the maximum EI goes up. If you start a claim on December 31 (or any date previously), you get a lower amount (if you are entitled to the maximum) than if you started a day later and the change is never retroactive. My guess is this will be no different.

I'm not going to be having more kids, so haven't looked into all the tax details and how it would work, but if job protected leave is going to be 18 months, I'd do the taxes math and figure out if it is better to take the EI for 12 months with no pay for 6 months or whether it was better to take the 18 months of EI payments at the lower rate (since they aren't equal amounts in the end).
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fogetmylogin wrote:
Apr 18th, 2017 10:18 am
Lawsuit waiting to happen. Lots of case law on this in Canada.
Sorry, you must live in fantasy land. The company can do whatever it wants as long as the reason is not due to the pregnancy. Now of course they will break the rules and may come up with an excuse to make it look like a legit restructuring. But this usually happens in smaller, petty type companies (you know, the ones where the supervisor thinks they're a god).

Bigger corporations most generally do not care about the specific individual when restructuring. They'll just hire a replacement, and when the person comes back, will put them in a less desirable position, or make it where it's not as enjoyable.
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Nov 13, 2013
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at1212b wrote:
Apr 24th, 2017 11:57 am
Sorry, you must live in fantasy land. The company can do whatever it wants as long as the reason is not due to the pregnancy. Now of course they will break the rules and may come up with an excuse to make it look like a legit restructuring. But this usually happens in smaller, petty type companies (you know, the ones where the supervisor thinks they're a god).

Bigger corporations most generally do not care about the specific individual when restructuring. They'll just hire a replacement, and when the person comes back, will put them in a less desirable position, or make it where it's not as enjoyable.
I am sure you are right that it happens a lot especially in smaller companies. My personal experience was the opposite. Pregnancies actually saved two people their job after legal and HR didn't want to chance downsizing them so soon after being informed of pregnancy.
Most people don't know their rights and go along with anything. Doesn't make it right or a wise corporate decision.
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fogetmylogin wrote:
Apr 24th, 2017 12:05 pm
I am sure you are right that it happens a lot especially in smaller companies. My personal experience was the opposite. Pregnancies actually saved two people their job after legal and HR didn't want to chance downsizing them so soon after being informed of pregnancy.
Most people don't know their rights and go along with anything. Doesn't make it right or a wise corporate decision.
Actually yes, it sometimes does result in a benefit. Almost like the tie going to the runner. But in general, they can't fire someone for getting pregnant and just straight up replacing that person. But if it would have happened regardless, they'll usually go along with it. But as noted, some bigger companies, especially if it seems to be in a more sensitive time (i.e. right after announcement) they'll try to work around it. Usually it would probably be from larger corporations that do not want to create a negative Facebook viral rant.
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